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thanks
Hi Peter, I have heard different answers to this from different people. Can I earn income from apps on apple store/android etc. if I am on a work permit in the USA? Does it matter if the app was initially launched when I was in India (my home country) or after I moved here? Thanks!
Companies are required to report any income you earn while you are in the US. If you make money selling apps, Google/Apple is required to tell the U.S. government about the money you make on the App Store income (primarily for tax purposes).[1] The tax people (the IRS, Income Revenue Service) share income data with the immigration agency. The immigration agency checks to make sure you only got money from the company your visa allows you to work for. If the immigration agency finds out you have income from other sources (app store), they will deport you, and you will effectively be banned. See: http://www.murthy.com/2014/01/28/home-based-businesses-inadv...
If you look at the link above, you'll see a lot of people have inadvertently screwed over by having non-authorized income. An extreme example from the link above are multi-level marketing companies. For example, you recommend your friend that he/she buys some product. Your friend buys it, and for the referral, the company gives you a tiny amount of money (e.g. $5) You could get deported and banned because of this. Because it is considered income, and all income not from your job associated with your visa is completely prohibited.
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Now you might be wondering if you can set up your company and receive income from the App Store in India, and have it deposited to your Indian bank account. You might be thinking that if you do that, your income likely won't be reported to the US government, and you won't get caught and get deported.
The problem with that is that by having un-reported income in India (from the App Store) you are breaking two sets of laws: (1) tax laws, (2) immigration laws.
Firstly, if you live in the U.S., you have to pay taxes (~35%) on your total worldwide income -- income that you make in every country. Even on the interest you receive in a bank account in a foreign country. If you do not report your non-U.S. income, you break tax law. The punishment for breaking tax laws is severe. In addition to being deported and banned, they can take money out of your bank account, seize your property (your house, your car, etc) to pay for the unpaid taxes + the severe fines for hiding and not paying taxes.
Secondly, U.S. immigration law generally prohibits H-1B, L-1 and other visa holders from doing any kind of productive work outside their H-1B/other-visa job. Even repairing your own house by yourself, if it involves a lot of work, is illegal for a visa holder. You have to hire a U.S. worker to repair your house. Foreign income for remote work is prohibited. Working on your own app and making money selling it is prohibited.
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[1] I don't know if you are in the U.S. -- so just to clarify: everyone in the U.S. who has permission to work (citizens, LPRs, H-1B/L-1/etc visa holders) is issued a Social Security Number ("SSN"). This number is used to report any income you earn to the government. You have to provide this number to receive income from any company in the US. If you try to set up a U.S. Google App Store account, they will ask for your SSN. Your SSN is used to report your income to the government, and as a general universal personal identification number.
Earlier quoted context omitted.
Some of these are wrong. - You can go from TN to EB3; it just gets hairy for the period of time that your AOS is being evaluated. I was going through the process when my H1-B got approved and switched to that. There's a 60 day wait period after you last enter on TN, and you cannot leave the country when the AOS gets filed until you get your EAD and AP or GC, whichever comes first. - Green card will not take 8 years u…
>Green card will not take 8 years unless you were born in India, China, or the Philippines What if you have a Canadian citizenship? Is it still 8 years? >There's a 60 day wait period after you last enter on TN, and you cannot leave the country when the AOS So, when I first get my TN visa, I cannot leave the country without any of those papers? How long does my first TN visa last and if that expires I have to wait for…
Your visa will initially be valid for 3 years. It can be extended a few times. Ideally you'd have at least a year left on your current visa when submitting the AOS application since you cannot reenter on TN once that happens.
Disclaimer: I'm not a lawyer, I'm going through the process now and using time spans quoted by my lawyers and my own research.
I'm a Mexican citizen living in the US working as a Computer Systems Analyst. Been here for 1 and a half year and my wife and daughter joined me a year ago. I just recently moved jobs and the UCSIS approved me a work permit and I-94 until 2019. I came here as a TN visa, and I am worried if asking for a green card would get me and my family in trouble.
You can apply for a green card while on TN. While your application is pending, there is no problem. If you apply for advance parole, there should be no problem leaving and re-entering the country. If the application is approved, well, you are on your way to a green card. However, if your application is declined for any reason, you have a problem. You've shown immigrant intent by applying for the green card and that is incompatible with your TN status. For this reason (the possibility of being declined), it is typical to convert to H1-B first. Because H1-B allows "dual-intent," it remains valid even if you're green card application fails.
TLDR: you can apply for a green card while on a TN, but it is risky if you're application gets declined.
Your current employer should hopefully be willing to sponsor you for a H1-B and ultimately a green card. If not, you might wonder why not.
Earlier quoted context omitted.
I was told in the last edition that I'd have a high chance to qualify since my extraordinary ability was winning a NASA competition. I see it as independent from the studies level, but I see both of them as important points. So I'll include this competition (and others), my degree in Spain+Japan and the community I founded at my University ( http://makersupv.com/ ).
What was NASA competition you won? NASA SpaceApps Challenge? I have been awarded second place 2 years in a rown on my country.
Hi Peter, If I am a UK contractor with my own Limited company, what visa - if any, do I need to be able to do a 6-month contract in the US? Thank you.
It's also relatively hard to get. You'll need the help of an immigration law firm to prepare the documentation needed to apply for the visa. The application process alone could take 6 months.
Also, just FYI: coming here as a visitor (on VWP/ESTA or the B-2 visa), then working (or doing a contract) here without permission would be violation of U.S. immigration laws, and can get you deported and effectively banned.
Hi Peter, I'm a software engineer and working under F1-OPT status. I didn't get H1-B in the lottery this year. But I can maintain work authorization by extending my OPT for 2 years from now(STEM). My company told me they would apply for my green card after a year from my employment. Do I need to have a H1-B so that they can start the process for my gc? Or can they start the process while i'm on OPT? thanks
Hi, My questions is regarding a different aspect of immigration -- what are my rights if my company promised to sponsor an h1b visa but failed to do so (a mistake on their end). The company offered a compensation package for their error, but I'm not sure what's fair in that case. Should it be calculated on the months I've been there, or the value that could've potentially came if I got the h1b. (Ps the company's succ…