Can I be an employed outside of the US while being employed in the US through H1B?

[Infinity7]

I got an offer from the US firm but don't want to leave my current job abroad.

 

Can I be simultaneously employed in the US by one firm and abroad by another?

 

My profession is mostly remote and alows me doing that. I will spend part of the year in the US and part abroad.

[JoeF]

If you are in the US on H1, you can ONLY work for the US employer who filed the H1.

You can NOT employed by any other company, neither in the US nor abroad.

[jairichi]

I got an offer from the US firm but don't want to leave my current job abroad.

 

Can I be simultaneously employed in the US by one firm and abroad by another?

 

My profession is mostly remote and alows me doing that. I will spend part of the year in the US and part abroad.

You can work only for your H1B employer while in US and not even remotely for the another employer.

[Infinity7]

One employer sounds like a considerable limitation of employment options...

 

In what law/etc. can I read this requirement in more details?

[jairichi]

One employer sounds like a considerable limitation of employment options...

In what law/etc. can I read this requirement in more details?

That is US immigration law. You can check it up with your attorney.

[JoeF]

One employer sounds like a considerable limitation of employment options...

 

In what law/etc. can I read this requirement in more details?

 

That's how the H1 is.

THe immigration law is online, e.g., at the USCIS website.

[Infinity7]

In the responses I hear that it's not allowed to work for any employer while in the US.

 

Can I work for an employer abroad while outside of the US?

 

I looked at IMMIGRATION AND NATIONALITY ACT, but haven't found any limitations for emploeyment visas. Can

 

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html

[jairichi]

In the responses I hear that it's not allowed to work for any employer while in the US.

 

Can I work for an employer abroad while outside of the US?

 

I looked at IMMIGRATION AND NATIONALITY ACT, but haven't found any limitations for emploeyment visas. Can

 

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html

While outside US you are not subject to US immigration laws but to the laws of the country you reside.

[JoeF]

When you are outside the US, you are not in any status, by definition. So, you can work elsewhere.

You should have proof that you only worked there while outside the US. You also may have to declare your worldwide income on your US tax returns. Der IRS Publication 519, Tax Guide for Aliens.

[Infinity7]

Thanks for all your responses so far. What I hear is that there is a difference between work and employment.

 

Does that mean that while in the US on H1B for employer A I can

1) work for employer A and

2) be employed abroad by employer B but be on vacation and that means don't work for B?

[jairichi]

Thanks for all your responses so far. What I hear is that there is a difference between work and employment.

 

Does that mean that while in the US on H1B for employer A I can

1) work for employer A and

2) be employed abroad by employer B but be on vacation and that means don't work for B?

Yes, that is fine. You cannot perform any work for B.

[JoeF]

You can NOT be employed by a company abroad while you are in the US. You can also not be "on vacation" from that company.

[Infinity7]

jairichi, JoeF, I see you have different opinions about the question (which is fine) and that's exactly what I want to find out.

 

Could you please refer me to any section in IMMIGRATION AND NATIONALITY ACT or other law where this limitation about work/employment only for H1B sponsor is stated?

[JoeF]

Being employed means getting paid, and having to do work. A person on H1 in the US can ONLY be employed by the employer who filed the H1 petition.

How would you be able to prove that you didn't work for another employer? If you are employed somewhere else, even if you claim you don't work there while in the US, how could you prove that? Unless it is things like burger-flipping which requires your physical presence, you can not prove it. Hence, if you are employed somewhere else while in H1 status, it is likely that you are violating the terms of the H1, e.g., simply by thinking about a task for the other employer, by communicating with the other employer (something as simple as calling them and saying you will be there next week is work for the employer...)

The bottom line: You can NOT be employed by another employer while you are in H1 status.

[jairichi]

jairichi, JoeF, I see you have different opinions about the question (which is fine) and that's exactly what I want to find out.

 

Could you please refer me to any section in IMMIGRATION AND NATIONALITY ACT or other law where this limitation about work/employment only for H1B sponsor is stated?

In my understanding one should not work for another employer when on H1B. JoeF might be right too. You need to check this with an attorney.

[Infinity7]

Being employed means getting paid, and having to do work. A person on H1 in the US can ONLY be employed by the employer who filed the H1 petition.

How would you be able to prove that you didn't work for another employer? If you are employed somewhere else, even if you claim you don't work there while in the US, how could you prove that? Unless it is things like burger-flipping which requires your physical presence, you can not prove it. Hence, if you are employed somewhere else while in H1 status, it is likely that you are violating the terms of the H1, e.g., simply by thinking about a task for the other employer, by communicating with the other employer (something as simple as calling them and saying you will be there next week is work for the employer...)

The bottom line: You can NOT be employed by another employer while you are in H1 status.

 

That's a good example. The possible proof could be that I was on vacation, but I get your point.

 

Could you please point me to the law / section which states this limitation (A person on H1 in the US can ONLY be employed by the employer who filed the H1 petition.)?

[JoeF]

You really need to stop trying to find loopholes. There are NONE! Get that into your head.

If you want the law sections, get a PAID consultation with a lawyer!

The bottom line: You can NOT be employed by anybody but the employer who filed the H1. Period!

[JoeF]

And if you don't like the rules, don't come to the US on H1!

It is THAT simple!

Follow the rules for the H1, or don't come here!

[Infinity7]

Thank you very much for your opinion! Really appreciate all your help. That was really fast.

 

I never said that I don't like the rules, only trying to understand legal options I have.

[JoeF]

On H1, the only legal option is to work for your employer.

That's what the H1 is for.

If you want to do your own thing, you may want to apply for the GC lottery (if you qualify.) Or marry a US citizen. Or get a GC through employment (what I did.) I personally missed out on the dot-com boom, because I was on H1 at that time. But in hindsight, that wasn't too bad, since I wouldn't have met my GF...

[JoeF]

On H1, the only legal option is to work for your employer.

That's what the H1 is for.

If you want to do your own thing, you may want to apply for the GC lottery (if you qualify.) Or marry a US citizen. Or get a GC through employment (what I did.) I personally missed out on the dot-com boom, because I was on H1 at that time. But in hindsight, that wasn't too bad, since I wouldn't have met my GF...