Can H1-Bs accept "travel fellowship" from a Foundation that has no relation to the employer?

J

jeana31

New Member
Hello,

I have an H-1B visa through my employer. I applied for - and was awarded - a "travel fellowship" through a private, independent Foundation. The Foundation has no relationship to my employer. Can I accept this fellowship?

The fellowship's purpose is to allow individuals to do in-depth research and travel on their own personal research topics.

The Foundation will provide between 10k and 20k for this purpose. They will release 70% of the money up front and issue a W-9. And then next year in January, they issue a 1099. I have 18 months to complete my project. This is a project that is entirely my own. It is not the Foundation's project. They liked it and offered me their award to pursue it.

I personally don't think this qualifies as employment, but I would really like to know what others think.

Some other info that may be helpful:

Current employer has sponsored me for a Green Card. I-140 is approved. But I am on a waiting list. If I accept the foundation's award, I will also continue to work for my employer (or another similar) on the H-1B. So my reason for being in the U.S. continues to be H-1B employment and not the Foundation grant.

Thank you!
 
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How can you be working for both your employer and on the foundation grant?

Your employer is not going to pay you for doing nothing for them. You are likely going to have to choose. You need to speak with your employer's HR person and perhaps their attorney to determine what is and is not permitted in your situation.
 
Hi,

Thank you for replying. Perhaps I didn't clarify this in my post: I will continue to work for my employer. Since my employer has sponsored me for an H-1B visa, and since he's paying me, I must work for him! The grant is a separate thing altogether. It is to be used to pursue my own independent research topic.

- - -
 
Many employers prohibit you working in any way for another entity - even yourself. Anything you might develop while in their employ may be their intellectual property. Much depends on your employer.

You need to speak with an attorney will all of your employment documentation and information from the foundation. IMO, it is a problem, but I do have not legal basis for that opinion just what has been expected from my employers in the past.

Normally, a H1B should not receive 1099 for wages; there are other types of 1099s. Perhaps the foundation can clarify its use.
 
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