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

Community Guru
Mandy D Member Since: Jul 29, 2013
11 of 23
If the OP has a contract with oDesk and his funds are transferred via the same method they usually are, would he be "working" in the USA? I'm just thinking that if I took my local bookkeeping work and a laptop with me and did some work while holidaying in the USA; would I need a work visa? Somehow my instinct tells me I wouldn't. Will be interesting to hear from the OP when he has contacted the relevant authorities.
Community Guru
Margaret P Member Since: Jul 7, 2007
12 of 23
[quote=Mandy D.]If the OP has a contract with oDesk and his funds are transferred via the same method they usually are, would he be "working" in the USA? I'm just thinking that if I took my local bookkeeping work and a laptop with me and did some work while holidaying in the USA; would I need a work visa? Somehow my instinct tells me I wouldn't. [/quote] When it comes to government rules I would not rely on instinct. If you earn money while being a visitor in this country, which from everything I have read , is not allowed. No matter how you earn it and what bank account it goes in. I definitely hope the OP posts what the US consulate tells him. It would be very helpful for a lot of folks.
Community Guru
Mandy D Member Since: Jul 29, 2013
13 of 23
In the scenario I placed, I was thinking of my own local (South African) work. The conditions would be no different - just that me and my laptop would be sitting in the USA. The OP's situation is very similar. You are right ... instinct is really unreliable when it comes to red-tape - most of it is not logical ;-).
Community Guru
Margaret P Member Since: Jul 7, 2007
14 of 23
[quote=Francisco F.]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.[/quote] That is right, they are not the same and it is unclear if he can work with a tourist visa, I am thinking, probably not. Please see post below where she says: [quote]You cannot work in the US if your visa is a tourist visa. You need permission to work from the US consulate in your country. I assume you don't already have a US passport or green card. I'm certain oDesk support is not qualified to give immigration advice. [/quote]
Ace Contributor
Francisco F Member Since: Nov 13, 2010
15 of 23
I stand corrected. Thanks! It appears the OP had a prior thread that's somehow related to this thread.
Community Guru
Marcia M Member Since: Apr 3, 2013
16 of 23
Seems that the OP has a green card so is allowed to work in the US. The OP probably has to pay US taxes. Maybe that flags something in oDesk's system.
Community Guru
Marcia M Member Since: Apr 3, 2013
17 of 23
You cannot work in the US if your visa is a tourist visa. You need permission to work from the US consulate in your country. I assume you don't already have a US passport or green card. I'm certain oDesk support is not qualified to give immigration advice. You should be able to get more information on the US State Department website.
Active Member
Vijay D Member Since: Aug 17, 2013
18 of 23
Thanks for all the replies. First off, I was asking this question on behalf of my partner who will be going on vacation with me but I just said me as to not get into any long explanations etc. She thought it would not be a problem but because of my past situation with my last topic I posted, I thought she should check it out first. I have a green card so I am fine when it comes to working in the USA. She doesnt and will be accompanying me on vacation. After contacting the relevant authorities, long story short she will need to get a workers permit. Basically what I was told, once you are on US soil you need to pay their taxes. Personally I dont think this should be, it is not like she is going to be living there. I was thinking of still getting a second opinion, cause there has been times I was told X from one reputable person but it was actually not so, they just said X because they themselves did not know the answer.
Community Guru
Reynaldo M Member Since: Aug 4, 2012
19 of 23
Just to share a similar situation. A close friend of mine was on Vacation in California, He and several cousins was helping their their Aunt fix her fence, Unfortunately a group of U.S Immigration Officers has just raided a house nearby for suspected Illegal Immigrants. Seeing his group working the fence approach them and started asking for I.D's and documents. One officer ask them how much they are paid for what they are doing. It took them over an hour to convince that they are all related and was just helping their Aunt and it was explained to them that even they were paid just a $1, all those with Tourist Visas will be deported and banned from coming back to the U.S for at least 2 years. That show how strict U.S Immigration's if you get caught.
Community Guru
Marcia M Member Since: Apr 3, 2013
20 of 23
Jamaica and the US have a tax treaty, so she should not have to pay tax on the same income twice. If she pays tax to one country, she should be able to deduct it from her taxes to the other country. Just extra paperwork, unfortunately.
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