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'Work from home' for spouse of H1B visa holder

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  • 'Work from home' for spouse of H1B visa holder

    I am on H1B visa and will be getting married in a couple of months. I understand that my wife cannot work in USA if she travels back with me on H4. Her current employer is offering her 'work from home' option if she still wishes to work from USA. (The employer is not offering B1)

    Can we apply for a visitor visa (B2) for her instead, and after that can she work from USA?
    Will it be hard to obtain?

    Do we have any other options?

  • #2
    Originally posted by adichacha View Post
    I am on H1B visa and will be getting married in a couple of months. I understand that my wife cannot work in USA if she travels back with me on H4. Her current employer is offering her 'work from home' option if she still wishes to work from USA. (The employer is not offering B1)

    Can we apply for a visitor visa (B2) for her instead, and after that can she work from USA?
    Will it be hard to obtain?

    Do we have any other options?
    B2 visas are tourist visas, she can't work on H4 or B1/B2 visa. She needs to get valid work visa in order to legally work while on US soil.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      B2 visas are tourist visas, she can't work on H4 or B1/B2 visa. She needs to get valid work visa in order to legally work while on US soil.

      This is my opinion not legal advice.
      Can't she work as freelancer and choose to get paid in INR in Indian bank account or whichever country national she is or work without pay? I think as long as she is not getting paid in USD in US on any other visa other than work visa she should be fine. Or may be she can work without pay or minimal amount just to keep working should be fine. Just my opinion not sure if it's ok to work.

      Comment


      • #4
        Originally posted by indian01 View Post
        Can't she work as freelancer and choose to get paid in INR in Indian bank account or whichever country national she is or work without pay? I think as long as she is not getting paid in USD in US on any other visa other than work visa she should be fine. Or may be she can work without pay or minimal amount just to keep working should be fine. Just my opinion not sure if it's ok to work.
        It's not only where the salary gets credited, it's where the work gets executed which is also taken into account.

        But if she is not getting paid in any form at all then it may be allowed.

        This is my opinion not legal advice.

        Comment

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