Can H1B do paid work outside us?

[elixiang]

I am a Chinese national and currently working full-time in the U.S. I only have one H1B in the U.S, which is sponsored by company A. 

I have been approached for a paid activity in China (teach a 5-day course/workshop of a professional conference in the summer). This teaching work is totally personal, has nothing to do with company A. I will be compensated by the conference organizer for my time and travel expense. I plan to go back to China and teach it in my vacation time. Would teaching this workshop jeopardize my legal status in the U.S.? 
Please note, I may do some preparation work for the workshop while I am in the U.S

 

 

 

My concern in my case is the prep work for the workshop I do while I am in the US. 

Would my case be similar to this one(http://forum.murthy.com/index.php?/topic/49732-starting-company-in-india-while-on-h1b/), running a business in his home country while on H1b? Since running a biz in his home country while he is present in the US is not OK, why doing my prep work in the US is fine? 

 

Thanks in advance.

[JoeF]

If you are outside the US, you can do that. Make sure you have documentation that shows that you were outside the US, e.g., boarding passes. You can NOT do any prep work while in the US.

Also note that you have to declare your worldwide income on your US tax returns because you are a US tax resident (see IRS Publication 519, the Significant Presence test.)

[elixiang]

well, I consulted several attorneys and it seems they are divided in terms of "the prep work".

http://www.****************.com/**************

 

Some think doing prep work in the US is fine. Others, including you, think otherwise. Those who think it is fine argue that I am not getting paid for "prep work". I am only getting paid for the teaching/services I render in China.

 

what is your argument/reasoning?  thanks

[elixiang]

any answers/comments to my question above please?

[JoeF]

It is best to err on the side of caution. Not doing any prep work in the US keeps you safe for sure.

Anything else is essentially gambling, hoping that USCIS sees it the same way as the lawyers who think it is ok. If USCIS sees it the other way, it could end up costing you a lot of money to fight it at best and your future in the US at worst.