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

This answer was rated:

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.
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 4 years ago.
Hi, Franklin my wife will physically be working in Missouri, US.
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 4 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?
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!)
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 and 3 other Immigration Law Specialists are ready to help you
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!