Working on OPT Question

[mazam]

Hi,

Currently I am on my OPT but soon I will get H1. I have the following questions that I like to ask:

1) I work for a public institution in US. Currently I am on my OPT. Apart from working for that institution I also work as a columist for a technical website and they pay me for my contributions. The website pays me through a check. Can I work for the website legally while on OPT? The website also keeps track of my income using a W9 form!

2) Same question above but Can I work for the website while on H1?

3) IF NOT then what can I do to make the above legal?


Thanks,
Azam

 

[GotPR?]

. Can I work for the website legally while on OPT? The website also keeps track of my income using a W9 form!

Yes, if you have proper work authorization for website.

2) Same question above but Can I work for the website while on H1?

yes if you have proper work authorization for website.

3) IF NOT then what can I do to make the above legal?

Get proper work authoriztion for website.

Basically, you need 2 work authorization. One for OPT/H1 job, another for website.

 

[mazam]

Hi,

Thanks for the reply! I am not sure what you mean by proper work authorization. The website does my W9 (Tax forms) and that is pretty much it. Its not like I am employed full time for the website I just write them articles and they pay to me. I write when I feel like writing and they buy the articles from me.

Thanks,

 

[jabberwock]

Working under OPT is different than under H1B. Under OPT, you're basically free to work "anywhere," even if the job is not related to your field of study/expertise and even if they don't plan on sponsoring your H1. Under H1B, you're *only* allowed to work for the job for which you have a work authorization. This work authorization is gained through your employer filing the proper paperwork and getting the authorization. Once you start your H1B through the public institution, you can only continue to work for the website if they give you an H1, just like any other job. Think of the website as a company and they have to sponsor you. It's unlikely that the website will even try to sponsor an H1 (given that you said it's a very laid back "gig"), let alone get it approved. In short, no, you won't be allowed to work for them once you're on H1B.

 

[mazam]

It is more like contribution

Hi,

Thanks for the reply!

I would not consider this as a full time job since I am only contributing the articles. And when I contribute then I get paid. If I had some deal with them that I will write 10 articles per month then I would say that will be doing a full time work and requires H1.

Thanks,

 

[GotPR?]

If I had some deal with them that I will write 10 articles per month then I would say that will be doing a full time work and requires H1.

That is your interpretation.. How many article is considered work and why ?
Any productive work requires work authorization except passive income.