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  1. #1
    Join Date
    Mar 2007
    Posts
    1

    Default H-1B VISA and also working as Independent Contractor

    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)?

    Can someone please advise?

  2. #2
    Join Date
    Mar 2007
    Posts
    1

    Default Re: H-1B VISA and also working as Independent Contractor

    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?

    Who can an H-1B employee work for?
    A: An H-1B employee 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 (such as Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have an I-129 petition filed by each employer.
    [source: http://h1b-faq.peludcarson.com/]

    2. What is the likelihood that someone would get caught (i.e. would it be only if my taxes are audited)?

    No idea.

  3. #3
    Join Date
    Apr 2009
    Location
    Evanston, IL
    Posts
    1

    Default Re: H-1B VISA and also working as Independent Contractor

    Is it possible to get an H1-B with a contractor position at a university?

    I am currently on F1 OPT and I might be offered a contractor position at a university (=non-profit org). Will they be able to sponsor me an H1-B?

    thanks,
    Alex

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