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Going on vacation in USA, can I still work while on vaction in USA?

Active Member
Vijay D Member Since: Aug 17, 2013
1 of 23
So I am thinking of going on vacation in USA for a month or 2 but I am wondering if I will be allowed to work while I am in the USA on vacation. I am not sure if Odesk will say I require a work permit to work in USA (had a smiliar-ish situation in the past but didnt get a definite answer). Will I have to stop working when I arrive in USA and can only resume once I am leaving USA?
Community Guru
Misty K Member Since: Feb 5, 2012
2 of 23
As long as you have a genuine passport then why couldn't you work while in country? Odesk can't say when and where you can work, that is your business. However, you do want to have the proper credentials when traveling abroad. You can work as you always do. I see no reason why an issue would even arise? That would be like saying: I'm going on vacation in Italy and I live in the USA. IF I want to work while in Italy that is my prerogative. Odesk can't tell me I can't. I still have my primary residence in my own country.
Community Guru
Margaret P Member Since: Jul 7, 2007
3 of 23
He means can he legally work while residing in the US without a work permit. Even though it is telecommute, I think there may be issues. I do not know but you (the OP) should check with the US authorities since you have no work permit. Truly I have no idea but I do not think it is as cut and dry as Misty seems to imply. Better to check with the US consulate or something like that. I doubt oDesk is going to be able to help you. You really need to check with the US govt.
Ace Contributor
Francisco F Member Since: Nov 13, 2010
4 of 23
I remember I read an oDesk Facebook post of someone complaining about his/her account being suspended because of log-ins from Iran. If oDesk even enforces US sanctions laws against certain countries, then it enforces US immigration-related work/labor policies as well.
Community Guru
Jiang C Member Since: Dec 8, 2013
5 of 23
I remember I read it somewhere when I started to work here. It's because of taxation Policy I believe. Please check that part again. You should be able to find it on the left side of your profile setting page. Or just ask help desk.
Ace Contributor
Francisco F Member Since: Nov 13, 2010
6 of 23
It's about working via oDesk in the US, not taxation.
Ace Contributor
Francisco F Member Since: Nov 13, 2010
7 of 23
Your relationship with oDesk and your client/s is business, not an employer-employee relationship, so no US work permit is needed. If your country's passport is required by the US State Department to be stamped with a visa, make sure that's a tourist/business visa. Feel free to work (which in your case would be legally doing business, not employment) via oDesk while in the US.
Active Member
Vijay D Member Since: Aug 17, 2013
8 of 23
Dont see an option to multi quote so, Thanks everyone for your input. @Margaret thanks for your input, you describe exactly what I was trying to get across. @Jiang thanks, I will follow your advice and see what I can find. @Francisco thanks! I will do further research to be sure but what you said makes alot of sense. I just dont want to do anything wrong / illegal and then be a risk of odesk banning me.
Community Guru
Margaret P Member Since: Jul 7, 2007
9 of 23
[quote=Francisco F.]Your relationship with oDesk and your client/s is business, not an employer-employee relationship, so no US work permit is needed. If your country's passport is required by the US State Department to be stamped with a visa, make sure that's a tourist/business visa. Feel free to work (which in your case would be legally doing business, not employment) via oDesk while in the US.[/quote] If you earn money while residing the US as a non citizen you may need a work permit. It does not matter if it is telecommute or a contractor. A person does not have to be an employee to need a work permit. He could get kicked out of the country or worse. Please do not give information about so important a situation, you are not an authority nor am I. He needs to contact the authorities to be certain he is not in violation of any US Laws.
Ace Contributor
Francisco F Member Since: Nov 13, 2010
10 of 23
Having vacation and residing are not the same. Having a tourist/business visa means the holder is not a resident. Yes, it's prudent for the OP to check with the nearest US embassy/consulate.
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