Re: H1-B VISA and also Independent Contractor work

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Dear Peters,

There are possible breach-of-contract obligations even when
there is only a verbal contract or agreement since the employer
would have relied on that promise and sponsored the H1B employee
for the H1B process for you, etc. Keeping aside that matter,
generally, there are two conflicting rules that could apply in
such a case as I have posted before (that you're not interested
on). However, your bigger problem is you're engaging in outside
activities from your H-1B contract "Is this Legal"? Your second
question is "How does the INS gather or track this"? Believe me
they will! Please, work with Immigration Attorney.

Thanks

On 3/08/07, S. Peters wrote:
> 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 cases, if those labor certifications are withdrawn and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)?