Freelance work on top of permanent job

[nrawal]

Hi,

 

My friend has been on an H1B from a US based employer. He started a freelance gig on the side last year making websites and got money for it.

 

Is this considered legal? Based on some reading online, it seems like H1B cannot work freelance.

 

If not, what can he do to rectify this? 

[jairichi]

Hi,

 

My friend has been on an H1B from a US based employer. He started a freelance gig on the side last year making websites and got money for it.

 

Is this considered legal? Based on some reading online, it seems like H1B cannot work freelance.

 

If not, what can he do to rectify this? 

Illegal. Stop working immediately.

[rahul412]

No that's not legal. On H1 you can't even work for yourself.

[pontevecchio]

He needs to talk to an Immigration Lawyer.

[catx]

The only authorized work while on a H-1B visa is for the sponsoring employer.  Other work, including freelance, is illegal.  There is no way to rectify the problem.  The illegal work (immigration violation) has occurred and cannot be 'undone'.  The only option is to immediately stop the illegal work and follow the immigration laws, regulations, and rules going forward.

 

P. S.  "My friend" is no doubt yourself.

[mj129]

What do you mean "rectify"? The only way is to stop taking freelance work on the side.

[t75]

He can do so only with a second employer and a concurrent H1B

[nrawal]

Thanks for the answers everyone. The freelance gig had already been stopped once this information came into light. By 'rectify' I meant if any corrective measures need to be taken for the 'illegal' work that has already been done?

[JoeF]

Hi,

 

My friend has been on an H1B from a US based employer. He started a freelance gig on the side last year making websites and got money for it.

 

Is this considered legal? Based on some reading online, it seems like H1B cannot work freelance.

 

If not, what can he do to rectify this? 

This is ILLEGAL.

He (you) need to stop this immediately.

[catx]

There is no way to rectify the problem.  The illegal work (immigration violation) has occurred and cannot be 'undone'.  The only option is to immediately stop the illegal work and follow the immigration laws, regulations, and rules going forward.

[mj129]

Thanks for the answers everyone. The freelance gig had already been stopped once this information came into light. By 'rectify' I meant if any corrective measures need to be taken for the 'illegal' work that has already been done?

Like what everyone said, there is no way to try to fix or rectify this problem. It has already been done, so you cannot undo it. The only way to solve this is to STOP taking on freelance work. Just stop. It's simple like that. But it looks like your conscience is killing you that you actually want to undo this so just return the money you got for freelance work. (facepalm)

[catx]

But it looks like your conscience is killing you that you actually want to undo this so just return the money you got for freelance work. (facepalm)

 

Returning the money that was received for the freelance work will not change anything with respect to violation of immigration laws, regulations, and rules.  As far as the USCIS would be concerned, unauthorized employment (work) was performed regardless of getting paid, not getting paid, or returning the money.

 

If their conscience is getting to them, they would be better donating the money to a worthy, reputable, charity.  That would be a much better use of the money versus giving it back.