Guidelines

Can I work on a side project on H1B?

Can I work on a side project on H1B?

No, you can’t be an independent contractor while you are on an H1B visa. As an H1B visa holder, you are authorized to work only for the company on your Form I-129.

How long can a person on H1B work remotely outside US for a US company?

You will be able to work, but only for 30 days. Therefore, you will have to file a new LCA for that particular location, as well as an Amendment for it before you reach the 30 days term. It should be done before you start performing work from that location.

Can we file H1B extension from outside US?

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As per the H1B Visa regulations, a US-based employer should file a petition to hire a foreign worker. A foreign worker cannot file a petition on his behalf for work opportunities in the United States. An employer is required to submit form 9035 or LCA (Labor Condition Application) to the Department of Labor.

Can I work more than 40 hours on H1B?

There is no rule that H-1B should not put more than 40 hrs. but, the visa holder should work for a minimum of 40 hrs. However, when the employment is Non-Exempt, then the employee is paid for extra hrs.

Can I work from home on H1B visa?

You can work from home if your H1B petition has your home address listed as the ‘work location’ permanently. If your current approved H1B does not list your home address, then you need to file an H1B Amendment to get USCIS permission to work from home.

Can H1B workers work remotely?

You can work from home if your H1B petition has your home address listed as the ‘work location’ permanently. You can telecommute occasionally if the home address is not mentioned in the H1B application but your home falls in the same MSA (Metropolitan Statistical Area) as your office.

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Can I work from India on H1B for 2 months?

Simple answer is: Yes, H1-B holders can work remotely from a different location, including another country like India. The law permits moving H-1B employees anywhere within “Normal Commuting Distance” of an approved location mentioned within the LCA at the time of filing for the H1-B visa.

Can H-1B workers drive Uber?

No, H1B visa holders cannot become Uber drivers because of the employment restrictions on H1B visas. While H1B visa holders can meet all of Uber’s requirements (like having a certain type of car, a license, and a SSN), driving for Uber would violate the terms of their H1B visa.

How long can we stay outside US on H1B?

The initial maximum period of validity is three years (sometimes less), and that is not changed or extended by any time spent outside the US. The clock keeps ticking on the three-year period even while you are abroad.