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Thread: Internet Jobs on H4 Visa

  1. #1
    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.

    Thanks.

  2. #2
    I am Swapna on H4 visa. Can I work in US on H4.
    If not is there any possible to work on internet jobs.

  3. #3
    No.
    H4 can work = No
    Can do business = Yes
    Can study = Yes

  4. #4
    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?

  5. #5
    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.

  6. #6
    IPerson

    Sorry for the off-topic qeury.

    As you are doing loads of jobs over the internet, is it possible you can provide me some help on what skills to acquire, etc?
    My e-mail address is:

    ahmjt AT yahoo DOT com

    If you can drop a line, I will mail you with bit more detailed query.

    Unfortunately, I cannot use the private message for this forum.

  7. #7
    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?
    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.

  8. #8
    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
    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?

  9. #9
    Hi all
    To iPerson: thanks for your reply.

    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

  10. #10
    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.
    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.

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