H1B & B1 & Remote work | a funny story :)

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BertoltBrecht

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Hi,

First I want to explain my situation.

I am a software engineer in Europe and I have found a job in US. We have applied for my H1B visa with premium processing and I think I will get my visa at the end of May. I will start to work at my new office at October 1st.

But when I was in US to agree with my new company, they have requested to work remotely until I start to work at October. I have accepted this offer and I am now working for my company here in Europe as remote.

I have a self company in Europe and my company and this company in US has an agreement for this work. They send my money to my European account for this remote work and everything is legal.

Now I want to go to US before October with my B1 visa and organize everything before start to work there. I have a 9 years old son and we need to find a new school for him, a new apartment etc. etc.

Now questions:

1. When I go to US before October with my B1 visa, can I stay at my new apartment and work on my personal PC? I think there is no limit to sit at home and spend my own time on my computer. So I can still work for my company as remote and they will still send money to my European company account. Do you think this is legal? OR not illegal?

2. When I am in US with my B1 visa, can I visit my company? I want to visit my company to get more information about company and to be in some important company meetings. Is that allowed?

3. When I am in US with my B1 visa, can I attend a language course until October? I want to improve my English and I want to visit an English course.

4. When I am in US with my B1 visa, can we register our son to the school and he can starts to the school?

Thanks in advance!
 
BertoltBrecht said:
Hi,

First I want to explain my situation.

I am a software engineer in Europe and I have found a job in US. We have applied for my H1B visa with premium processing and I think I will get my visa at the end of May. I will start to work at my new office at October 1st.

But when I was in US to agree with my new company, they have requested to work remotely until I start to work at October. I have accepted this offer and I am now working for my company here in Europe as remote.

I have a self company in Europe and my company and this company in US has an agreement for this work. They send my money to my European account for this remote work and everything is legal.

Now I want to go to US before October with my B1 visa and organize everything before start to work there. I have a 9 years old son and we need to find a new school for him, a new apartment etc. etc.

Now questions:

1. When I go to US before October with my B1 visa, can I stay at my new apartment and work on my personal PC? I think there is no limit to sit at home and spend my own time on my computer. So I can still work for my company as remote and they will still send money to my European company account. Do you think this is legal? OR not illegal?

If you are working for some one under payroll is illegal while you are in B visa.

2. When I am in US with my B1 visa, can I visit my company?

Yes .
I want to visit my company to get more information about company and to be in some important company meetings. Is that allowed? Yes. no compensation
3. When I am in US with my B1 visa, can I attend a language course until October? I want to improve my English and I want to visit an English course. Yes.

4. When I am in US with my B1 visa, can we register our son to the school and he can starts to the school? No, with B visa
Thanks in advance!
Click to expand...
 
great guru said:
1. When I go to US before October with my B1 visa, can I stay at my new apartment and work on my personal PC? I think there is no limit to sit at home and spend my own time on my computer. So I can still work for my company as remote and they will still send money to my European company account. Do you think this is legal? OR not illegal?

If you are working for some one under payroll is illegal while you are in B visa.
Click to expand...

But I do not work at my company office or direct to my new company. I am at my home and spending my time on computer for the company that I have in Europe.

There is no contract, no pay, no work for my new company.

Why illegal?
 
it is quite deep in gray zone. you are on US soil and working for somebody outside of the US. If you did not do that, some US citizen may be able to get that job.
 
I do not understand what you mean?

Can I work for my current company in Europe at home when I am in US? Is that illegal?
 
You need to talk to lawyer if you need concrete answer for legal or illegal.

In theory, if you work for foreign company when you are staying in the US, you take away one job from Americans. Work authorization is all about protecting job security of native citizen, and that is why I said it is quite gray.
 
It is OK to be paid in US$ while working for a US company while outside US because your terms of contract signed would have taken care of legal requirements for that. I am sure that you donot have a US visa for this contract employment outside of US and therefore there is no social security deductions.

Situation changes when you land in US for same online employment using VPN.

When you are in US and you get paid while in US, you have to have a work visa. If you comply to this new situation, it is OK otherwise it is illegal.
 
Last edited by a moderator:
Nishant11 said:
It is OK to be paid in US$ while working for a US company while outside US because your terms of contract signed would have taken care of legal requirements for that. I am sure that you donot have a US visa for this contract employment outside of US and therefore there is no social security deductions.

Situation changes when you land in US for same online employment using VPN.

When you are in US and you get paid while in US, you have to have a work visa. If you comply to this new situation, it is OK otherwise it is illegal.
Click to expand...

But they will not pay for me. They will pay my European company.

There is no work contract between me and my company. My new US company has a contract with my European company.

I am just working for my European company. But I do my job while I am in US for my European company.

Again: I do not work for US company. I work for my European company. But for a while I have been in US with B1 visa and at that time I work for my European company at my staying place. My US company has a contract with my European compnay and they get completed work from European company and paid for it into an European bank account.

I hope it is clear.
 
You say that US company pays your european company. In your original posting, you mentioned that you are the proprietor of this company.

If you are contributing to significant portion of work for US company while in US without work visa and if only for accounting purpose, you are compensated through another company which basically is a self employment, it could be a trouble if found.

The intent of work visa is to make sure that local workers donot suffer by way of foreign workers. Enforcement agency may look at the intent.

You may like to consult an attorney to find whether the law can be interpreted in your favor.
 
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