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greenshreen

Can I work part time in unrelated field?

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Hi All,

 

Since, my green card application is still in processing and I have received EAD consequent to my AOS filing, I am wondering if its legal/ possible work part time in an unrelated field to augment income.

 

Thanks for all the suggestions.

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Actually, let me roll back that answer. If you work (in any field), it will be authorized employment. However, it will likely put you out of status on you H1/L1, or whatever other visa you might be using to work. Now, with you being out of that status, the question is whether there are unintended consequencies, like your dependents being out of status and whether this is a big deal. So, overall, yes, you can. But there may be consequencies.

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Actually, let me roll back that answer. If you work (in any field), it will be authorized employment. However, it will likely put you out of status on you H1/L1, or whatever other visa you might be using to work. Now, with you being out of that status, the question is whether there are unintended consequencies, like your dependents being out of status and whether this is a big deal. So, overall, yes, you can. But there may be consequencies.

 

So you are saying a software developer working on H1/L1 should not do investment activities such as trading?

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So you are saying a software developer working on H1/L1 should not do investment activities such as trading?

Great question. No, really, we are getting into a slightly gray area of the law. Generally speaking, it is possible to be found out of status if a H1/L1 (or H4/L2, or F1/2) person spends most of his/her time trading, and the income from trading becomes the predominant income of the household - this is when the USCIS can decide that this actually constitutes employment. Will the USCIS find out and get you punished? Unlikely. In fact, very very unlikely if you are H1/L1 person who maintains status (and thus works for at least 35 hours a week), but I don't put it into the realm of impossible. Other borderline things that may result in similar questions - buying a fixer-upper house,  and having it renovated, and then sold with profit. Donating eggs or being a gestational carrier. Being a profitable collector (i.e. reselling some things for profit - antiques, etc).

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Can a reference citation be provided for the statement "it is possible to be found out of status if a H1/L1 (or H4/L2, or F1/2) person spends most of his/her time trading"?

On the contrary to the above, passive investment in the stock market as a retail investor is allowed and not considered unauth empl. Citation - http://www.murthy.com/2012/12/11/home-based-businesses-inadvertent-unauthorized-employment/

So, if one has a H1 LCA that says employed for 40hrs a week as s/w engineer, the H1 visa holder is free to work for the remaining 128 hours in the week doing trading via Etrade/Fidelity etc... oh of course markets aren't open for those 128 hours. Nevertheless, you get the idea...

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So, if one has a H1 LCA that says employed for 40hrs a week as s/w engineer, the H1 visa holder is free to work for the remaining 128 hours in the week doing trading via Etrade/Fidelity etc... oh of course markets aren't open for those 128 hours. Nevertheless, you get the idea...

 

What is being said is that if day trading, which the aforementioned scenario would be, is a material active effort, then that could well be considered "work" and would be a violation of immigration laws and regulations.  Even if you are doing your full time job under your H-1B visa, you cannot work on some other job for any number of hours (e.g. part-time).

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