Re: H1-B VISA and also Independent Contractor work

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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 cases, if those labor certifications are withdrawn and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)?