How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Franklin Your Own Question

Franklin
Franklin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 653
Experience:  Clients consistently recommend my excellent service.
69662557
Type Your Immigration Law Question Here...
Franklin is online now
A new question is answered every 9 seconds

Can my spouse in US with H4 visa continue working for an India

Resolved Question:

Can my spouse in US with H4 visa continue working for an India company with salary or without salary? She will be on Indian payroll. She would pay tax in India.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Franklin replied 2 years ago.
Hello, my name is XXXXX XXXXX U.S. immigration and business attorney, and I'll be happy to assist you today.

I have a quick question for you. Where will your spouse physically be working--in the U.S. or in India?
Customer: replied 2 years ago.
Hi, Franklin my wife will physically be working in Missouri, US.
Expert:  Franklin replied 2 years ago.
Rakesh,

Unfortunately, I don't have much good news for you today. The rules of the H-4 visa are quite clear, and don't make much economic sense. H-4 visa holders are not permitted to work, period, whether inside or outside the U.S. Some lawyers will tell you that, if your wife was working in India, in the situation your described above (paying Indian taxes, etc.), then there would be no problem, as long as you took some care to conceal it. However, USCIS rules specifically forbid H-4 visa holders from working anywhere in the world.

If your wife enjoys her work, then she has a few options. She can attend school as a H-4 holder to learn more about her industry, or as a F-1, and later work in her industry under OPT. As an H-4, your wife can also volunteer at her previous job, but she will not be allowed to earn a salary.

I'm sorry that I don't have better news for you today, but unfortunately, I don't make the law. I've tried to provide you with as much information as possible, and a possible solution going forward.

I hope your questions have been answered. We experts depend on positive ratings to continue offering our services in this low-cost format. A poor rating affects my ability to provide help in the future, so I appreciate your positive support in advance.
Customer: replied 2 years ago.
What do you mean by conceal it? Do you mean that if she is working without pay then it is fine? How can this is traced by US government or any other relevant US authority? What will be the consequences?
Expert:  Franklin replied 2 years ago.
Thank you for your responses. Here are the answers to your questions:

1. I can't advise you to do anything illegal here, but I'm simply providing some background information for your knowledge. "Concealing" something simply means that you do not actively report it to any U.S. authority, whether on tax forms, income statements, even bank statements. Money made outside of the country stays outside the country.

2. Yes, if your wife is working without pay, or in a volunteer capacity, then that is perfectly fine.

3. The U.S. government cannot trace your actions, and there is little to no communication between Indian and U.S. authorities.

4. The consequences will simply be loss of visa, and possible other immigration related penalties, such as a possible bar from entering the U.S. for a number of years.

Rakesh, your current visa, the H-1B visa, is a good visa, and probably the best visa. You'll be able to process for permanent residency soon, and once that happens, you and your wife will both be able to work wherever you wish. However, in the meantime, you should do a quick cost-benefit analysis of whether having your wife generate a small amount of income in the next few years is worth the risk of having your H-visa taken away if she is discovered.

I hope that my answer was helpful to you today. Please take a moment to accept my service. We experts depend on positive ratings to continue helping out, so thank you in advance for your support. (And bonuses are always appreciated!)
Expert:  replied 2 years ago.
Rakesh, I hope your questions have been answered. We experts depend on positive ratings to continue offering our services in this low-cost format. A poor rating affects my ability to provide help in the future, so I appreciate your positive support in advance.
Franklin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 653
Experience: Clients consistently recommend my excellent service.
Franklin and 3 other Immigration Law Specialists are ready to help you
Expert:  Franklin replied 2 years ago.
I sincerely enjoyed answering your questions on JustAnswer.com. If you have any more questions, or would like to follow-up, feel free to stop by and chat. To request me in the future, simply write "Hi, Franklin" before your question.

Have a great day!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions