Consulting gig while on J-1

A

angio

Registered Users (C)
Hi experts,
quick question. If I am on a J-1 visa, is it possible to do consulting for a biotech company without getting into trouble? I do not have to sign a contract, just a consulting agreement. I do have to fill out a W9 for taxes. I basically will help them with some stats and some data analysis, and will get paid by the hour of work from home based on a timesheet.
Is this an infringement of J-1 visa regulations? Will this come back to haunt me later on?
Thanks a lot for your help!
 
The problem is that at the end of the year, they will issue you a 1099misc with that income in the 'nonemployee compensation' box. You will have to include that in your income tax and pay self employment and income tax on it. Chances are, USCIS is never going to care and if your return is joint and complex enough you will be able to bury it pretty well, but a nitpicky immigration officer at some point in the future could look at this and deny your adjustment of status.
 
Dear Angio,
You can do consulting work if you do both of the followings:
1. Continue to work 40 hours a week ( full time) with your primary employer in an underserved area
2. New company has to file H-1 for this part time work unless you have EAD from NIW
Without proper authorization this work will be considered illegal and is not advisable as it is easily trackable

Good Luck
 
angio said:
Hi experts,
quick question. If I am on a J-1 visa, is it possible to do consulting for a biotech company without getting into trouble? I do not have to sign a contract, just a consulting agreement. I do have to fill out a W9 for taxes. I basically will help them with some stats and some data analysis, and will get paid by the hour of work from home based on a timesheet.
Is this an infringement of J-1 visa regulations? Will this come back to haunt me later on?
Thanks a lot for your help!
Click to expand...

Angio
Until you get a J1 waiver, you are not eligible t file for an H1b1. On J1 you are not allowed to receive compensation from any other employer. When people are on J1, they are ineligible to do moonlighting at other hospitals. it can haunt you at the time of your green card application and if that happens it wil hurt you hard.
 
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