I understand I cannot do consulting on the side via upwork while on H1B, but if I get paid in my home country how will USCIS ever know? I can start a business from my home country and all income will be directed there. Anyone done this before?
It's illegal. Upto you if you wish to roll the dice on being caught.
I just don’t understand how I will get caught
You think government cannot tie your home country income with US records? Most countries abide by FBAR so all your earnings are declared automatically.
You know the risks. You decide if it’s worth it.
Upwork will generate 1099 or similar tax form right? Also I’m not sure how Upwork works but they’ll definitely keep all the data about work transactions. Also there is no point in trying to convince us here. Even if everyone here agrees with your fuzzy logic, that doesn’t change anything. You need to talk to an immigration attorney.
Why risk your day job which pays you significantly higher than freelancing. If freelancing pays you higher you should decide what you want. Its definitely going to be illegal unless you are a permanent resident or citizen. Its not worth it.
Upwork generates a W4 tax form for foreign alien, if you register as living in an European country … like Toptal, freelancer, and the other sites. So, the IRS could catch you lying, having 1099 for a local job and a W4 for a foreign job at the same time, then if you get fined, the next time you stamp or process anything with the USCIS, the IRS fine will appear and you immigration status revoked, just do 2+2 and keep grinding with one job as everyone else
You know India and us talk about you right?? They do share your data every June/July timeframe. Might not be lllegal but you may owe more taxes.
From Europe but sure. Owe more taxes how?
The plan is to pay tax in my home country