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H1 Visa help!! Urgent Help Needed

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  • H1 Visa help!! Urgent Help Needed

    Hi,
    I currently hold a valid H-1 visa working fulltime with a good company as computer engineer. My company is in a process of applying for a permanent residence status.
    Now I have a once in a lifetime opportunity to write a book in my field. I do have a work colleague, a US citizen, with whom i will be sharing/authoring this book.
    The publisher wants to me to sign a contract and is willing to give me royalties but they will not employ me for the basis getting a concurrent H-1 (secondary h-1).
    I have told the publisher ( a renowned US publishing company) that i cannot any accept royalties on my current H-1. However, since this is for the betterment of my career, I am willing to give up royalties or any other monetary values associated with this deal. i.e. want to work as a "VOLUNTEER" . The publisher is willing to put in the contract to work without any royalties.
    Please help me, i have to sign this contract within few days. Can i work to write this book without accepting any money?

    Thank you.
    Sonia

  • #2
    Hi,
    I currently hold a valid H-1 visa working fulltime with a good company as computer engineer. My company is in a process of applying for a permanent residence status.
    Now I have a once in a lifetime opportunity to write a book in my field. I do have a work colleague, a US citizen, with whom i will be sharing/authoring this book.
    The publisher wants to me to sign a contract and is willing to give me royalties but they will not employ me for the basis getting a concurrent H-1 (secondary h-1).
    I have told the publisher ( a renowned US publishing company) that i cannot any accept royalties on my current H-1. However, since this is for the betterment of my career, I am willing to give up royalties or any other monetary values associated with this deal. i.e. want to work as a "VOLUNTEER" . The publisher is willing to put in the contract to work without any royalties.
    Please help me, i have to sign this contract within few days. Can i work to write this book without accepting any money?

    Thank you.
    Sonia

    Comment


    • #3
      If you are writing the book at the publisher's request, then you would be technically an employee, thus requiring a separate H. But if you and your colleague are writing this book on your own, it is not employment per se. It's as if I were employed in H status for a software company, but in my spare time I painted and sold my paintings. This is not employment and you are not providing a service to anyone in exchange for money. By receiving a royalty for your work does not mean that you are employed by the publisher. Of course, if the publisher wants you to write the book, this creates a wholly different situation. I would not forgo your royalties. However, you may want to check with an immigration attorney who has expertise in the publishing/arts/entertainment field for more information.

      Comment


      • #4
        You state that you can't accept royalties as a condition of your current H. Are you referring to an employment contract where this was clearly stated? In other words, does the employment contract state that you shall not be given royalties for any activity outside the scope of employment or just for anything you do for your company?

        Comment


        • #5
          Thanks ImmiParalegal for helpful feedback;

          Nope, my employer contract doesn't stop me for accepting royalties or any other form of payments But its the INS-H1 rule(s) which prohibits to accept any kind of payments other than from your current employer.

          I(we) am writing this book NOT per publisher request but its our idea and publisher is willing to publish it.

          I have consulted a few good immigration lawyers including my company provided attorney and they are clueless on this issue or would like me to pay them $200/hr (for approx 6-10 hrs) to do the research work on my behalf and then they would give me their expert opinion, which I cannot afford now because I am already 1.giving up book royalties, 2. working/doing a lot research for the book etc.
          Thanks,
          Sonia

          Comment



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