Re: H1-B VISA and also Independent Contractor work
Posted by P. Ravi on 7/19/08

Hi,

Suppose H1B alien is working at the site of another employer as part of
the contract, can he (H1B alien) receive two pays, one from H1B
petitioning employer (W-2 - for actual pay noted on LCA) and other from
the work site employer (W-2/1099 - for some misc expenses).

Is there any law that forbids H1B alien receiving the misc expenses from
the work site employer in form of W-2/1099


Thanks,
Ravi,

On 3/16/07, Fanua SP (SCUPS- Student) wrote:
> Dear S. Peters,
>
> Please read carefully:
>
> H1B aliens can only work for the petitioning US employer (sponsor
> company) and only in the H1B activities (job duties) described in the
> visa petition. The sponsoring US employer may place the H1B worker on
> the worksite of another employer if all applicable rules (e.g.,
> Department of Labor rules) are followed. H1B aliens may work for more
> than one US employer, but must have a Form I-129 petition approved by
> each employer...There are ways you can petition so you continue on
> your independent contracting but you have to see an Immigration
> Attorney.
>
> Thanks
>
>
> On 3/15/07, S. Peters wrote:
>> 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)?

Posts on this thread, including this one

• H1-B VISA and also Independent Contractor work, 3/07/07, by Sonya Peters.
• Re: H1-B VISA and also Independent Contractor work, 3/08/07, by Fanua SP. (SCUPS-Student).
• Re: H1-B VISA and also Independent Contractor work, 3/08/07, by S. Peters.
• Re: H1-B VISA and also Independent Contractor work, 3/10/07, by Fanua SP (SCUPS- Student).
• Re: H1-B VISA and also Independent Contractor work, 3/15/07, by S. Peters.
• Re: H1-B VISA and also Independent Contractor work, 3/16/07, by Fanua SP (SCUPS- Student).
• Re: H1-B VISA and also Independent Contractor work, 4/10/07, by james.
• Re: H1-B VISA and also Independent Contractor work, 4/14/07, by Fanua SP. (SCUPS-Student).
• Re: H1-B VISA and also Independent Contractor work, 5/04/07, by Clara Ximenez.
• Re: H1-B VISA and also Independent Contractor work, 7/04/07, by Ray.
• Re: H1-B VISA and also Independent Contractor work, 9/25/07, by Fanua SP.
• Re: H1-B VISA and also Independent Contractor work, 6/17/08, by Rahul Sharma.
• Re: H1-B VISA and also Independent Contractor work, 7/19/08, by P. Ravi.