Can i do freelance with US company while my H1B is not filed for petition

Hi All,
I am currently working in India with X company as full time employee. My H1B got picked this year FY2023 and my Employer is yet to file the H1B petition. Meanwhile i have got an opportunity to work as a freelancer from another US based company and asking me to fill W8BEN form for the salary credit.

If i accept this freelance offer, will it be a problem for my H1B approval. I heard that employee should not work with any other employer other than the employer who files H1B.

Thanks in advance.

This is fine as long as you are outside of the US.

Be mindful of the income tax compliance though, as your taxes will be withheld in the US and you will need to file US tax return as a non-resident. You will most probably need to consult a CA/CPA that has knowledge of US tax rules to help you file your tax return.

This holds true only when you are present in the US and working for a H1B employer.

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Hi Kalpesh,

Thank you very much for the quick reply.

My H1B employer team discussed with freelance company HR and they agreed to do corp-to-corp. Means my payroll will be run by my H1B employer for this freelance job.
There will be some tax deduction also for the US salary.

My H1B employer also told me, in this way it would help me for my H1B approval as well. And also I will get a client letter to show at the time of interview at US embassy.

Is there any issue you can observe in this.

I do not know what if I leave this freelance job in next 1 or 2 months.
Please provide me your valuable suggestion.

As far as the H1B job offer is a bonafide job that you intent to perform, there should be no issue. Consult your employer’s immigration lawyer and discuss further.