Legal Question in Immigration Law in Connecticut

Re: Clarifications on H4 Visa

You may have two or more options here. You may want to consider obtaining a part-time H-1B with that organization if it has a U.S. affiliate. In the alternative, you may want to consider opening a U.S. affiliate for that organization and look into a "New Company" L visa. Another possibility may be to look at the B-1 visitor for business classification and perform services in the U.S. for the foreign organization. You will want to be very careful with this option as the rules are very restrictive as you are not allowed to perform "hands-on" work in the U.S. in this classification. The may also be other ramifications if you use the B classification if you are thinking about the green card. Please note that you cannot work in the U.S. in H-4 status. For further information, Please feel free to contact our offices by e-mail at [email protected] or to [email protected].

Re: Clarifications on H4 Visa

Working from your home in the U.S. is still deemed to be work and is not authorized under an H-4 classification. I would recommend that an H-1B petition be filed on your behalf. Part-time work is permitted so long as this is properly reflected in the petition.

Please be mindful that there is an H-1B yearly quota. It is possible that the quota may be reached in one day so an H-1B petition should be filed on April 1, 2009 to be included in this year's quota. The efffective date of an approval would be October 1.

There are other options that we can discuss in detail in a consultation.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com