Can I do Work From Home for non US employer while on H4?

[SUM321]

Hi,

I have H4 Visa approved.

I understand that I cann't work on US payroll in US.

But can I continue to work from US for my indian organization on india payroll(Work from home)?

Expert legal advise needed on this.

Thanks!

[JoeF]

Hi,

I have H4 Visa approved.

I understand that I cann't work on US payroll in US.

But can I continue to work from US for my indian organization on india payroll(Work from home)?

No. You can not work at all while in the Us on H4.

It doesn't matter where the employer is located, it matters where you are located.

Expert legal advise needed on this.

Note that you can not get legal advice over the Internet.

For legal advice, you would have to schedule a consultation with a lawyer.

[SUM321]

Thanks Joe.

It would be great if anyone can provide any US consulate guideline document or their website link to clarify this.

[JoeF]

It is in the LAW.

A person on H4 can not work. Period.

[nineballs]

It may be a unpleasant truth to you, but you absolutely cannot work on H4 Visa (Unless its a volunteer job). In general, all the local labor, work and tax laws are applicable to the employee's place of stay. If you are residing in the US, US labor and tax laws will be applicable.

This is similar to the situation where many people in India work for US employers and pay taxes in India. They don't need any visa or work authorization to work for the US employer. They follow the local Indian laws even though the employer is in the US, because they stay in India.

So, the local laws are applicable where ever you stay. I know its a hard pill to swallow but thats how it is.

[rahul412]

No. You can not work at all while in the Us on H4.

It doesn't matter where the employer is located, it matters where you are located.

But how does the govt know whether the person on H4 is simply sitting home or working for some firm, unless and until that person is getting paid?

[JoeF]

But how does the govt know whether the person on H4 is simply sitting home or working for some firm, unless and until that person is getting paid?

Are you trying to tell me that somebody would work for a for-profit company without getting paid??? Not in this Universe. And non-monetary compensation is still compensation and has to be listed on tax returns.

And the person would have to file US tax returns. And if the person doesn't, well, if you think USCIS is bad, wait until you get an IRS audit...

Remember, Al Capone didn't get convicted for murder, he got convicted for tax evasion. The US government has no mercy when it comes to tax evasion.

[nineballs]

- Just because a crime/theft is not caught doesn't make it legal.

- An open car with Key inside doesn't give anybody, besides the owner, the right to just drive away the car.

- Just because you can download a software freely doesn't mean that you do not need a software license.

- A felony/crime remains a felony/crime irrespective of that fact whether there is a system put in place to detect it.

If your question was to know if there is a system in place to detect your crime, you should have asked that way.

[rahul412]

Are you trying to tell me that somebody would work for a for-profit company without getting paid??? Not in this Universe.

May be. But what I am not getting here is,

when the OP is working for a firm which is not located physically in US and also getting paid according to firm's policies(not in US), then how can USCIS know about this??

Well I know, if it is in US then they can.

Remember, Al Capone didn't get convicted for murder, he got convicted for tax evasion. The US government has no mercy when it comes to tax evasion.

well coming to mercy, I know how govt works when it comes to tax evasion. Capone is just like 'drop in an ocean'.

[rahul412]

If your question was to know if there is a system in place to detect your crime, you should have asked that way.

Yup, that's my question.

[danageri]

Hi, I want to know, if a person is in US on H4, but can he/she work as an employee of an organisation in India and get paid in INR? To explain more, I am an employee of an MNC in india (which also has existance in the US). Now, I will be going to US on H4. So, without quitting my job, can I still continue to work from home from US and get paid the Indian Salary?

[JoeF]

May be. But what I am not getting here is,

when the OP is working for a firm which is not located physically in US and also getting paid according to firm's policies(not in US), then how can USCIS know about this??

The person would have to declare that income in the US.

Also, if the person hides such a material fact during later immigration applications, the person could get deported when USCIS finds out, even decades later.

There is no statute of limitation on immigration fraud.

And of course, there is always a paper trail. So, basically, such a person would open himself or herself up for lifelong blackmail.

[rahul412]

The person would have to declare that income in the US.

Also, if the person hides such a material fact during later immigration applications, the person could get deported when USCIS finds out, even decades later.

There is no statute of limitation on immigration fraud.

And of course, there is always a paper trail. So, basically, such a person would open himself or herself up for lifelong blackmail.

But how does USCIS will find it out, when everything is done outside the country?

[nineballs]

But how does USCIS will find it out, when everything is done outside the country?

To give you an example, The work experience certificate and H4 stay will co-exist together.

[rahul412]

To give you an example, The work experience certificate and H4 stay will co-exist together.

What if OP doesn't show the experience certificate??

[JoeF]

Hi, I want to know, if a person is in US on H4, but can he/she work as an employee of an organisation in India and get paid in INR? To explain more, I am an employee of an MNC in india (which also has existance in the US). Now, I will be going to US on H4. So, without quitting my job, can I still continue to work from home from US and get paid the Indian Salary?

No, you can not. You have to quit the job.

[JoeF]

But how does USCIS will find it out, when everything is done outside the country?

They have ways to find out.

There is ALWAYS a paper trail.

Disgruntled ex-spouses are IRS's best resources to find non-declared income. Same thing here. Somebody in the family or a disgruntled co-worker may tell USCIS, for example. As I said, blackmail is one possibility. There are lots of others.

[rahul412]

They have ways to find out.

There is ALWAYS a paper trail.

Disgruntled ex-spouses are IRS's best resources to find non-declared income. Same thing here. Somebody in the family or a disgruntled co-worker may tell USCIS, for example. As I said, blackmail is one possibility. There are lots of others.

Let's think practically, OP mentioned that he/she is from India so I am 99.9% sure that their is not chance of ex-spouse here. Secondly, OP is working for a firm which is located outside the US, so their is no way that her/his co-worker will contact USCIS.

[JoeF]

Let's think practically, OP mentioned that he/she is from India so I am 99.9% sure that their is not chance of ex-spouse here. Secondly, OP is working for a firm which is located outside the US, so their is no way that her/his co-worker will contact USCIS.

BS. It is not just an ex-spouse, but it could be anybody in the extended family (his or hers) who gets jealous.

And workers outside the US could also get jealous,and could of course contact USCIS. It is just a mouse click away nowadays.

The bottom line is: Somebody who violates the US immigration laws WILL get caught.

[JoeF]

Another example is kids. In particular teenagers who want to rebel against the parents. It is trivial for them to overhear something and contact US authorities.

Once you get kids and they reach teen age, you will understand...

[rahul412]

Another example is kids. In particular teenagers who want to rebel against the parents.

Just think practically Joe, do you think it's possible? By the time kids become teenager, OP will become USC.

[rahul412]

BS. It is not just an ex-spouse, but it could be anybody in the extended family (his or hers) who gets jealous.

Now I understand the meaning of 'jealous'.

And workers outside the US could also get jealous,and could of course contact USCIS. It is just a mouse click away nowadays.

Again, this is not possible for the people who work in India to contact USCIS. Believe it or not, 99% of Indian citizens doesn't know about US laws.In-fact, there are some people within US who doesn't know about immigration laws( you know this).

[rahul412]

anways the point is not whether USCIS finds out or not...but you are breaking the law!

If you break any law, then USCIS should find it, then only people obey the law. If there is no systematic investigation then that law doesn't make any sense.

[JoeF]

Just think practically Joe, do you think it's possible? By the time kids become teenager, OP will become USC.

There is no statute of limitation on immigration fraud. Citizenship can be stripped if the person lied on any immigration form in between.

[JoeF]

Again, this is not possible for the people who work in India to contact USCIS.

Of course it is. Sending email is easy nowadays.

Believe it or not, 99% of Indian citizens doesn't know about US laws.In-fact, there are some people within US who doesn't know about immigration laws( you know this).

And? If they want to find out, they can. Google is only a mouse click away.

They know if one of their co-workers works remotely from the US. And humans are curious, and somebody will find out that this isn't legal.

It only takes one person to know...

And another example: what if the employer says "work for free or I report you"?

Again, this would open the person to lifelong blackmail.

There are lots and lots of such possible situations.

The bottom line: Do not work on H4 while in the US. It is THAT simple.