Legal Question in Immigration Law in New York

Hi,

I am from Bhutan. I am staying in H4 visa for the last 12 months. I have 4 year of work experience in my county before coming here. After coming to the US, I was doing online business for the last 1 year. Since I should not work in the H4 visa, I have designed my business accounting to be based in my country. In other words, I am based in the US, but my business and all it's accounting is based in Bhutan.

Now I am planning to apply for a job and get a H1B. Can I show my one year of online experience in my resume? Will it be considered illegal that I worked in H4, even though that work is done online for a company that is based in Bhutan?

Thank you for your reply.


Asked on 12/16/13, 3:08 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

A person should not be working while in H-4 status, even if the business is headquartered outside the United States. Any productive work that is executed in the United States without the proper USCIS authorization is considered unauthorized employment, regardless of where payment for one's services is being sent.

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Answered on 12/16/13, 3:32 pm
Rebecca White Law Office of Rebecca White

unfortunately US immigration law has not caught up with modern work realities. Productive work done from within the US is not authorized without an appropriate visa. The catch, of course, is that in the business model you describe, there would not actually BE a work visa available to you.

Another unfortunately aspect of US immigration law is that your time in H4 status will count against your six year total when transferring over to an H-1b visa.

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Answered on 12/16/13, 4:07 pm


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