Re: H1-B VISA and also Independent Contractor work

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I'm more interested in not whether you can work for another
employer besides the one sponsoring my H-1B, but me working
independently on the side where I would also be receiving
1099's in addition to my W-2. Is this legal? How does the
INS gather or track this?

On 3/08/07, Fanua SP. (SCUPS-Student) wrote:
> Dear Sonya,
>
> According to the USCIS, "H-1B aliens may only work for the
> petitioning U.S. employer and only in the H-1B activities
> described in the petition. The petitioning U.S. employer may
> place the H-1B worker on the worksite of another employer if
> all applicable rules (e.g., Department of Labor rules) are
> followed. H-1B aliens may work for more than one U.S.
> employer, but must have a Form I-129 petition approved by
> each employer." USCIS will enforcement these rules depends
> upon complaint is made and investigation will carry out.
>
> Because of AC21, the H-1B employee is free to change jobs if
> they have an I-485 application pending for six months and an
> approved I-140, if the position to which they are moving is
> substantially comparable to their current position. In some
> cases, if those labor certifications are withdrawn and
> replaced with PERM applications, processing times will
> improve, but the person will also lose their favorable
> priority date.
>
> Thanks
>
>
> On 3/07/07, Sonya Peters wrote:
>> I work in the computer industry and have an H-1B VISA
>> sponsored by my current Employer. I also have been asked
>> on a number of occasions to help out on the side with some
>> contract/consulting work and am wondering if this is
>> allowed or permissable given my H-1B status?
>>
>> Normally this situation would entail working as an
>> Independent Contractor and filing a Schedule C. My
>> questions are:
>> 1. Is it possible to work as an Independent Contractor
>> while on an H-1B VISA or would I be violating my H-1B
>> status if I engaged in this side work?
>> 2. What is the likelihood that someone would get caught
>> (i.e. would it be only if my taxes are audited)?