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Immigration Issues/Consultancy work at home while on H1B Visa

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Question
I work as a full time analyst in one of financial businesses. One of my ex-colleagues asked me to help on some project, for a different company specializes on a different kind of business(I think their is no conflict of interest between the two organizations). Can I take this additional work responsibility and make some extra bucks by working on weekends and evenings. I have applied for Green card, but it is in labour certiication. Is it possible to do the work six months after labour certification? What about my wife taking on it while she is in H4 visa?If it is possible what is the best way to accept payments without having any trouble with IRS? Your expert advise will be greatly appreciated. Thanks  

Answer
Hi Vijay,

You can work for the other company only if it files an H-1B petition for you as well (filing an H-1B petition for part-time work is OK). In other words, you can work for a company only if the company has filed an H-1B petition for you since H-1B status is employer specific. It is OK to have multiple H-1B approval notices, and the following article from our website is helpful: http://www.h1b1.com/concurrent.htm

Your wife can change status from H-4 to H-1B and then be employed. Another option for employment elsewhere is to wait for employment authorization document (EAD) to be issued both you and your wife when adjustment of status application is filed, but the EAD application can be made only when the adjustment of status application is filed. The EAD application cannot be made prior to filing the adjustment of status application.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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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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