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Immigration Issues/H1 B additional Sources of Income

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Question
QUESTION: Dear Mr. Ajay,

I am in H1-B visa and staying in CA. I am married and my wife is in H4 Visa. Off-late we are thinking about some additional sources of income. I am planning to develop small scale gaming apps in Android. Am I or my wife legally allowed to do that ?

Thanks!
John

ANSWER: Hi,

The activity described would be considered employment. However, H1B status is employer specific, and does not allow for employment unless the employer has filed an H1B petition, and of course the petition must describe the duties and responsibilities of the offered job. The following links from our website may be helpful: www.h1b1.com/concurrent.htm and http://h1b1.com/files/faq.htm#myself

H4 status does not allow for employment at all.


---------- FOLLOW-UP ----------

QUESTION: Thanks a lot !!! I really see a ray of hope from your answer.

Lets say if Employer XYZ files my H1B for part time. Do i need to inform my current employer about the part time H1-B ?

In future,if I am willing to work for XYZ as a full time employee, then is it necessary for the company xyz needs to process a new H1B petition or is there a way we can transfer the part time H1B to full time H1B ?

Answer
Hi,

Your current employer does not need to be informed that another company is also filing an H1B petition. Your current employer will not receive any correspondence from the USCIS regarding the filing of an H1B petition by another company.

If an H1B petition is filed for part-time employment, and subsequently the employment becomes full-time, an amended H1B petition should be filed by the employer with the USCIS.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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