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Hi Peter, Australian here on an E3 that's converting to an H1B. Can I have side-income via blogging ad revenue, youtube ad revenue/etc, so long as it's only ea

Hi Peter, Australian here on an E3 that's converting to an H1B. Can I have side-income via blogging ad revenue, youtube ad revenue/etc, so long as it's only earning Australian dollars into an Australian bank account? I know I'm not allowed to have any other income, but I assumed that was only for the US. Thanks in advance!

proberts 9y ago
Not really, unfortunately, but it's confusing because US immigration law hasn't caught up with remote employment.
- anarazel 9y ago
  Is it possible to have an Australian LLC equivalent or somesuch that collects the payments?
  - dergachev 9y ago
    I'd like to know this as well.
  - vincentmarle 9y ago
    I looked into this recently and if you own a foreign company (aka CFC: Controlled Foreign Corporation) you have to report that to the IRS. And once the IRS knows, then presumably the USCIS will find out as well.
    - anarazel 9y ago
      Right, you've to report it. But the question is if that's actually against the rules - it's not entirely clear to me. I'm personally lucky enough to now have a greencard so I don't have to worry about it anymore...
corn_dog 9y ago
Out of curiosity, why would you convert to an H1B?
- kentosi 9y ago
  Primary reason: The E3 is a non-intent visa, meaning that you can't apply for the Green Card on it. Your only choice is to convert to H1B first and then apply. Other reason 1: You can transfer to another job easier while remaining in the US (if they do an H1-transfer). Doing so with the E3 is a huge grey-area with various blogs saying different things. Other reason 2: If I get fired I have a few days to pack my life and leave the country. With a H1B I recall the period being longer to find another job.
  - arkem 9y ago
    I successfully went from E3 to Green Card without getting a H1B first. It's a more annoying path (there was a ~6 month period in which I couldn't leave the US) and riskier (more ways to end up rejected). That said the H1B route would have taken significantly longer even if I won the lottery.

proberts 9y ago

Not really, unfortunately, but it's confusing because US immigration law hasn't caught up with remote employment.

anarazel 9y ago
Is it possible to have an Australian LLC equivalent or somesuch that collects the payments?
- dergachev 9y ago
  I'd like to know this as well.
- vincentmarle 9y ago
  I looked into this recently and if you own a foreign company (aka CFC: Controlled Foreign Corporation) you have to report that to the IRS. And once the IRS knows, then presumably the USCIS will find out as well.
  - anarazel 9y ago
    Right, you've to report it. But the question is if that's actually against the rules - it's not entirely clear to me. I'm personally lucky enough to now have a greencard so I don't have to worry about it anymore...

corn_dog 9y ago

Out of curiosity, why would you convert to an H1B?

kentosi 9y ago
Primary reason: The E3 is a non-intent visa, meaning that you can't apply for the Green Card on it. Your only choice is to convert to H1B first and then apply. Other reason 1: You can transfer to another job easier while remaining in the US (if they do an H1-transfer). Doing so with the E3 is a huge grey-area with various blogs saying different things. Other reason 2: If I get fired I have a few days to pack my life and leave the country. With a H1B I recall the period being longer to find another job.
- arkem 9y ago
  I successfully went from E3 to Green Card without getting a H1B first. It's a more annoying path (there was a ~6 month period in which I couldn't leave the US) and riskier (more ways to end up rejected). That said the H1B route would have taken significantly longer even if I won the lottery.