L1 dependent work from home

[pratik.kalekar]

Hi,

I am a l1 visa holder and would be traveling in the month of May. My wife works with me in the same organization and her h1 is in process at this time. My organization also provides a work from home policy. Now i want that she travels to US with me and i have below questions. We are thinking to file for her dependent visa

1.Is it possible to travel on h1 visa for her as my dependent(she will not be having any position/employment in US)
2.Is it possible for her to work from home in US for her current organization in india on l1 dependent visa, she will be getting paid in Indian rupees in india. Also if EAD is required for such a case
3.If her h1 application gets selected in lottery then can she take the visa interview in US

I am extremely confused as to what would be correct thing to do in this case.


Thank you in advance.


Pratik.

[me_shaan]

Having an approved H1B petition, and having a stamped H1B visa are two different things. Companies might apply for H1B, but will not generally get it stamped just like that unless there is confirmed requirement in US.
So your wife cannot travel on H1B as your dependant without having an employment in US.
The best thing to do is get an L2 visa for her. You both being in the same organization and having applied for her H1B, if your employer refuses to sponsor her L2, you can pay for it out of your own pocket ($190 charges for Indians).
With L2, if she travels to US and works from home for her Indian employer and gets paid in INR, she will not need an EAD.
While she is on L2, if her H1B petition gets approved, she can apply for an adjustment from within the US.

[pratik.kalekar]

Thank you so much

Having an approved H1B petition, and having a stamped H1B visa are two different things. Companies might apply for H1B, but will not generally get it stamped just like that unless there is confirmed requirement in US.
So your wife cannot travel on H1B as your dependant without having an employment in US.
The best thing to do is get an L2 visa for her. You both being in the same organization and having applied for her H1B, if your employer refuses to sponsor her L2, you can pay for it out of your own pocket ($190 charges for Indians).
With L2, if she travels to US and works from home for her Indian employer and gets paid in INR, she will not need an EAD.
While she is on L2, if her H1B petition gets approved, she can apply for an adjustment from within the US.

Thank you so much . you clarified so many things to me. Just one more query

1. What would be the fees/cost organization have to pay for an h1 application only for filing an h1 application before the lottery process and after the lottery process (in case the h1 application gets selected in the lottery process)

Thanks once agains

[raghvi]

Having an approved H1B petition, and having a stamped H1B visa are two different things. Companies might apply for H1B, but will not generally get it stamped just like that unless there is confirmed requirement in US.
So your wife cannot travel on H1B as your dependant without having an employment in US.
The best thing to do is get an L2 visa for her. You both being in the same organization and having applied for her H1B, if your employer refuses to sponsor her L2, you can pay for it out of your own pocket ($190 charges for Indians).
With L2, if she travels to US and works from home for her Indian employer and gets paid in INR, she will not need an EAD.
While she is on L2, if her H1B petition gets approved, she can apply for an adjustment from within the US.

I do not completely agree with the notion that one does not need an EAD if one is working from home, even if one gets paid outside US. As long as one is on US soil one needs valid authority to work and the same would be taxed upon in US is one passes the substantial presence test.

This is my opinion not legal advice.

[pratik.kalekar]

Thank you for your response

I do not completely agree with the notion that one does not need an EAD if one is working from home, even if one gets paid outside US. As long as one is on US soil one needs valid authority to work and the same would be taxed upon in US is one passes the substantial presence test.

This is my opinion not legal advice.

Assuming she may need an EAD for work, my one more query is
1. Lets say she gets her h1 stamped in october, in this case then can she travel to US without having any offer/employment in US from her current organization.

[raghvi]

Assuming she may need an EAD for work, my one more query is
1. Lets say she gets her h1 stamped in october, in this case then can she travel to US without having any offer/employment in US from her current organization.

On L2 Yes, on H1 No.

This is my opinion not legal advice.