Hi,my wife is on H4 visa.She is qualified in internet/computer technology.I know she can not gain employment in US.Is it possible that she does work on the internet and get paid for it ? For eg. there are websites like rentacoder.com where a user can bid for doing coding over the internet and get paid to a paypal account.We have a joint US bank account.Can she then transfer this money earned to our bank account ? This would not mean that she is seeking employment,nor is this taking away an americans job.Please let us know whether this is allowed.
Don't kid yourself. If she is working as an H-4 and residing in this country, she is violating her visa. The fact that you advise her to pay taxes on her worldwide income shows that you consider her a resident of the U.S.--if she weren't, she wouldn't have to pay any taxes. As for the internet erasing borders--great. Then she and most H1-Bs wouldn't need to move here, would they?
I think AliBA is right. I have recently checked a posting on VisaLaw.com where one asked if it is OK to rent a property for earning (the person is on H-4). The answer was negative.
[quote]Don't kid yourself. If she is working as an H-4 and residing in this country, she is violating her visa. The fact that you advise her to pay taxes on her worldwide income shows that you consider her a resident of the U.S.--if she weren't, she wouldn't have to pay any taxes. As for the internet erasing borders--great. Then she and most H1-Bs wouldn't need to move here, would they?[/quote] Aliba, You are obfuscating how USCIS defines a resident and how the US defines a resident alien for tax purposes. Per IRS code regulations, a resident alien for tax purposes can generally be obtained either by having a green card or meeting the substantial presence test. Exceptions to this rule is choosing residency status if one is a non-resident alien at the end of the tax year and married to either a resident alien or USC at the end of the year which chooses to be a resident alien by filing a joint return; or one is a dual status resident and elects to be a resident alien if certain conditions are met. The only time where non-immigrant visas come into play with IRS regulations is when the suspension of counting the days presence under F, J, Q, M, G, or A visa or when someone is here for explicit medical treatment.
With the OP on H-4 status, it is entirely probable that H4 visa holder could be a resident alien for tax purposes vis the substantial presence test, filing a joint return and electing to be a resident alien, or both spouses are dual status aliens and elect to be treated as a resident alien for the entire year. This would mean she would have to report her worldwide income. Now, if she is violating her visa by working in the US via an internat job, that is strictly a USCIS jurisdiction. She still would have US source income and will be required to pay taxes on that income, if required. Earned income is defined by where you work, not who the payer is. Look under IRC Section 861 and 862 to differentiate between US source and foreign source.
[quote]I have recently checked a posting on VisaLaw.com where one asked if it is OK to rent a property for earning (the person is on H-4). The answer was negative[/quote] Is the person renting the property a H4 visa holder? If the answer is yes, then this should not be violating the visa since passive income, rental, is not earned income unless the H4 visa holder was a real estate professional under IRS guidelines. H4 visa holders can receice passive income, just not earned income.
Could you show me where that posting was on VisaLaw.com?
To Hudson: unfortunately I can't find the link/post anymore. It was mentioned there that if the H4 holder has his/her labor certification approaved, then he/she can earn income. If the H4 holder appoints a company on behalf of him/her to earn money, then it is ok (I guess it is passive income). I wish I could find that posting. I am not good at all these rules
[quote]I work on the internet and I get clients from all over the world. If you get paid by someone outside of the US, does it mean you work in the US?
I think if you file your income and pay taxes, I think it's fine. You work for yourself independantly of the country you currently reside in.
The internet revolution is going to eventually abolish borders between countries. Sooner than later. I hope I live till this day.[/quote] One of the confusions about work authorization is whether that is solely intended for dependent services (employee) and independent services (self employed). USCIS generally has stated that without a work authorizaton, an immigrant is not allowed to work for a US employer either for dependent or independent services. A US employer is defined as a employer who has a permenant establishment located in the US and/or is incorporated under the articles of incorporation located within the US. It gets a lttle dicy if you involve E-Commerce where the employer, who does not have permenant establishment in the US nor incorporated within the several states, has offered services to someone as a independent contrator from abroad. It can be argued, under E-Commerce law, under IRC Regulaton 1.861-4, an individual could determine that their work was performed outside the US upon approval by the IRS. Other exceptions include alien crew persons temporarily in the US or income earned less than $3000 if the nonresident alien is present in the US for less than 90 days.
H4 people: Working for yourself is considered being EMPLOYED by yourself. I believe the US LAW is different from other countries in this aspect. I am an e-com guru but just landed on an H4 (From an O1 due to recession and closeouts). I am babysitting MY KID only and upgrading my internet skills. other than that, you can't do anything related to making money online EXCEPT POSSIBLY TRADING STOCKS. i am checking into that from several sources before venturing myself on this path.
IOMPORTANT TO ALL VISA HOLDERS: DO NOT APPLY FOR UNEMPLOYMENT ! YOU ARE NOT ELIGIBLE AND IT WILL NEGATIVELY AFFECT YOUR GREEN CARD PROCESSING, IF NOT CANCEL IT ALTOGETHER
You can day trade, do online poker, etc, but not work. Gambling and investing (stocks, bonds, real estate) are not considered work, even though there are professional gamblers, but they live on their winnings. However, you cannot accept a sponsor as a gambler. You can also do other sports that rely on winnings, not sponsorship, like NASCAR, LPGA, etc.
Do you still work online?? I am looking for online work & currently on H4. I have read the bog but still not sure if I can do it on H4 or not. how your personal experience with online work? R u on H4?
Looking forward to here from you thanks It helped me,hope it helps you too
person cannot work on H4 status. Regardless. To start a bussiness you need to register the bussiness angd get EIN. it cannot be obtained if you are on H4. If someone on H4 and want to waork he/she should get the H4 converted into H1B or H2 first then only you will be legally allowed to work.
Originally posted by mohan: person cannot work on H4 status. Regardless. To start a bussiness you need to register the bussiness angd get EIN. it cannot be obtained if you are on H4. If someone on H4 and want to waork he/she should get the H4 converted into H1B or H2 first then only you will be legally allowed to work.
Actually Mohan, it can. If one is on the H4, the person may have an individual taxpayer identification number, or ITIN. the ITIn would be available for a married filing joint return allowing the exemption to be claimed for the spouse. Having the ITIN may allow the person to obtain an EIN. Furthermore, depending on which state, EIN may be be required if it is an unincorporated business, ie sole proprietorship, unless the state or bank mandates that an EIN is required or if the business is required to pay employment or excise taxes. And just not to confuse you, in some cases, an ITIN, EIN, or SSN may not be required on line 7a and 7b of the form SS-4.
The EAD is for employee-employer relationships under the code. E-commerce rules obfuscate the determination of whether the payer is U.S or foreign. Under 861, it would be considered U.S. source income, but may not be from a U.S. payer.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
not really... There are two person I know who was picked up by the Immigration were on H4.. ITIN has a Alien who follow the guidelines for bussiness visa, only gets the ITIN that can be converted into EIN. then there is corporate law comes in action, ( LLC , or INC requirement ). Bank have strict guidelines to open bussiness accounts based upon EIN. IF the ITIN have notation of not valid for work, it will not be used for EIN.. been there done that.
Do you still work online?? I am looking for online work & currently on H4. I have read the bog but still not sure if I can do it on H4 or not. how your personal experience with online work? R u on H4?
Looking forward to here from you thanks It helped me,hope it helps you too
Hey SV,
You can do everything mentioned on the blog, being on H4. Yes I am on H4 and working /earning online from past 2-3 years/ You can even blog as this one.
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