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  • Working as freelancer while in L1B

    Hi ,

    I have a L1B and am working for employerA, at the same time i am developing my own website and getting revenue from the ads from google and other ad agency, i am getting 1099 Misc form from google. is this legal ? please advice, i have filed the tax and have declared the 1099 misc.

  • #2
    Unfortunately, that is illegal. You are not allowed to work only for the petitioning employer. Any other work even unpaid is illegal.
    This is my opinion and not legal advice.

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    • #3
      what are the consequences ?

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      • #4
        Originally posted by kabkaba View Post
        Unfortunately, that is illegal. You are not allowed to work only for the petitioning employer. Any other work even unpaid is illegal.
        Hi Friend,

        I have searched in many forums and also read the legal docs in the USICS website, it says that for L1B I have to work with the employer who has sponsored my visa, also the reason for this rule is that I should not be taking up the job oppurtunity that is meant for an american,

        I recieved 1099 misc as a Non Employee compensation and also the type of work for which I got this can be done anywhere in the world i dont have to be here in US. will that be considered as illegal still , what was the basis of you answer, please help me understand. thanks a lot for responding

        and if you think this is illegal, what might be the outcome , i am still getting paid on this 1099 misc even after filing the taxes. what will be the future complications that you can foresee.

        Thanks
        Karthika

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        • #5
          I stand by what I said. You can consult an attorney if you wish.
          This is my opinion and not legal advice.

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          • #6
            Originally posted by kabkaba View Post
            I stand by what I said. You can consult an attorney if you wish.
            kabkaba,

            please answer my question what is the basis of you answer, is it just you assumption, or you gained the information through legal source.

            check this link below
            https://www.immihelp.com/usa-visas/l1/faq.html it says for L1 part time working is allowed.

            read in another form

            "When you win beyond some $$$ in vegas, the casino will give you a 1099 which you have to file with a tax return - so there is nothing wrong in showing an income on 1099..... "

            I am posting this information not to defend or argue with you, its just that i dont want others reading this thread to get mislead by you answer.

            with all respect please put forward your side of the discussion.

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            • #7
              Originally posted by karthi16 View Post
              kabkaba,
              check this link below
              https://www.immihelp.com/usa-visas/l1/faq.html it says for L1 part time working is allowed.

              That just means L1 petition can be filed as part-time and then the beneficiary can work part-time instead of full-time.

              read in another form

              "When you win beyond some $$$ in vegas, the casino will give you a 1099 which you have to file with a tax return - so there is nothing wrong in showing an income on 1099..... "

              That is a different kind of 1099 for Gambling income.

              I am posting this information not to defend or argue with you, its just that i dont want others reading this thread to get mislead by you answer.

              with all respect please put forward your side of the discussion.
              I agree there are different kinds of 1099's but irrespective of that website designing for profit is certainly 'work' and cannot be considered as passive income according to me. I don't think there is any discussion here anyway. People come here for advice and what they get is strictly not legal, for that you need to consult a qualified attorney.
              I just give here my opinion which I have formed using whatever I have read, listened, understood. I never claim it to be anything other than my opinion. I should put a disclaimer as signature probably.
              This is my opinion and not legal advice.

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              • #8
                Plain and simple - Illegal as per the law. If you still want to do it, fine.

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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                • #9
                  I completely agree with kabkaba and txh1b.

                  If you are on H1, you can only for work the employer that sponsored you. You are certainly allowed to do part time employment with another employer as long as they sponsor your part-time H1 specifically for that job.

                  Winning in casino is not work or employment. Therefore, it is fine.
                  Immihelp Support
                  No legal advice. Use at your own risk.

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