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Re: H1-B VISA and also Independent Contractor work
Posted by S. Peters on 3/15/07

    Does anyone know for a fact whether or not working as an
    Independent Contractor is indeed a violation?


    On 3/10/07, Fanua SP (SCUPS- Student) wrote:
    > 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 cases, if those labor certifications are withdrawn and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)?

     
     

 
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