Question about H4 Visa

A

Arun Kumar Thad

New Member
My wife and I are currently working in Canada on W1 Visas (work permit Visas). We are both Indian passport holders. I have got an offer from a US company, and they have processed my H1B application and my I797 has been issued. I will be attending my interview soon and will be moving to the US with my wife in October, provided I get my Visa stamping done successfully.

Now, my wife's Canadian employer has asked her if she can work on contract from the USA. My wife will be coming with me on an H4 Visa. I am aware that an H4 Visa holder cannot work for a US employer or earn income from a US company. But in this case, she will be working from home (in the US) for the Canadian company. Now I want to know if this is legally permissible.

Note that, the company is purely Canadian, and does not have any US office.

The way I see it, since she is not working for a US company, this should not be an issue or a violation of the H4 terms.

Assuming that my assumption is correct, what is the proper way for the Canadian company to remunerate her? She has bank accounts in India, as well as in Canada. I understand that an H4 Visa holder cannot have an independent bank account in the US - but that she can be a joint account holder with her spouse (who's on an H1B).

Another question is where she pays taxes. Will it be in Canada (where she will no longer be a resident) or will it be in the US (where she is on H4). Alternatively, can she pay taxes in India?

Your suggestions/answers/ideas are welcome. I thank you in advance.

Arun
 
Arun Kumar Thad said:
My wife and I are currently working in Canada on W1 Visas (work permit Visas). We are both Indian passport holders. I have got an offer from a US company, and they have processed my H1B application and my I797 has been issued. I will be attending my interview soon and will be moving to the US with my wife in October, provided I get my Visa stamping done successfully.

Now, my wife's Canadian employer has asked her if she can work on contract from the USA. My wife will be coming with me on an H4 Visa. I am aware that an H4 Visa holder cannot work for a US employer or earn income from a US company. But in this case, she will be working from home (in the US) for the Canadian company. Now I want to know if this is legally permissible.

Note that, the company is purely Canadian, and does not have any US office.

The way I see it, since she is not working for a US company, this should not be an issue or a violation of the H4 terms. It is violation, holding an h4 and making active money (providing service). Making passive money such as bank interest, stocks, bonds, investment property etc is non violation of H4.
Assuming that my assumption is correct, what is the proper way for the Canadian company to remunerate her? She has bank accounts in India, as well as in Canada.

I understand that an H4 Visa holder cannot have an independent bank account in the US )No, they can have their own account provided they have their SSN or TIN. -

but that she can be a joint account holder with her spouse (who's on an H1B).

Another question is where she pays taxes. Will it be in Canada (where she will no longer be a resident) or will it be in the US (where she is on H4).
While you are in US (h1 or H4) you are suppose to pay taxes for all the income even outside US, but none follow it.Alternatively, can she pay taxes in India?

Your suggestions/answers/ideas are welcome. I thank you in advance.

Arun
Click to expand...
 
H4 Visa holder cannot work for a US employer or earn income from a US company. Your wife can not work for canadian company sitting in US. It is violation. This is not permissible legally.
 
Beware of Razor edge - Fishing

Razor edge has a web site claiming he is sponsering H1 etc etc. He just fishing people by posting or repeating others answers in several places.

Please keep away from Razor edge.


razors_edge said:
H4 Visa holder cannot work for a US employer or earn income from a US company. Your wife can not work for canadian company sitting in US. It is violation. This is not permissible legally.
Click to expand...
 
It is violation, holding an h4 and making active money (providing service). Making passive money such as bank interest, stocks, bonds, investment property etc is non violation of H4.

Thanks for the replies.

So, does this mean that any person who's coming on an H1B cannot bring a spouse who's employed without having her stay at home unemployed? There must be a legal way around it. I cannot believe that spouses would resign their jobs to be with their H1B partners. Will the US consulate be able to suggest anything to solve this issue?

What if the H4 person transfers to an F1 Visa (assuming she gets admission into an under-grad or grad course in some US college)?

Arun
 
Why H4 visas are issued so generously, H4 should not do any work in US.
Only they can house- keep for their spouse, what ever may be their profession/qualification/education.
Only way you can go for h4 to h1 if she qualifies, and /or change to F1, it has its own set of rules.

But H4 is a curse for professional spouse.
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Arun Kumar Thad said:
It is violation, holding an h4 and making active money (providing service). Making passive money such as bank interest, stocks, bonds, investment property etc is non violation of H4.

Thanks for the replies.

So, does this mean that any person who's coming on an H1B cannot bring a spouse who's employed without having her stay at home unemployed? There must be a legal way around it. I cannot believe that spouses would resign their jobs to be with their H1B partners. Will the US consulate be able to suggest anything to solve this issue?

What if the H4 person transfers to an F1 Visa (assuming she gets admission into an under-grad or grad course in some US college)?

Arun
Click to expand...
 
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