Elenfair

Ok.

I'm a self-employed music teacher (usually).

I intend to work as a private studio teacher, here in my home. So far, so good.

I'm here on a K1, which expires Feb 11. No EAD stamp (darnit!) at the POE. Getting married Jan. 30.

Question: Can I work once I have an EAD in my hot little hands (for my K1)? What happens after Feb 11 when I suddenly can't "work" anymore? Can I still apply for an EAD at the St Paul office (say I mail it in) and will it have a quick turnaround, or is it now all being shipped off to some netherworld service center and will take months?

Help?

Folinskyinla

Hi:

1. There is no penalty imposed on YOU for engaging in unauthorized employment.

2. The enforcement of the employer sanctions provisions are aimed at true "employment" -- which includes attempted use of so-called independent contractors to avoid the provsions. But you would not appear to be a "so-called" but would be an actual independent contractor.

Andy Platt

"Elenfair" <member9538@british_expats.com> wrote:

    > Question: Can I work once I have an EAD in my hot little hands (for my
    > K1)? What happens after Feb 11 when I suddenly can't "work" anymore?
    > Can I still apply for an EAD at the St Paul office (say I mail it in)
    > and will it have a quick turnaround, or is it now all being shipped off
    > to some netherworld service center and will take months?

K-1ers are allowed to work incidental to status which means that you have to
convince your employer that you really can work even though you don't have
an EAD. I would have a quick word with your employer - I'm sure you can
convince yourself!

After 2/11 you have to stop working until you get the EAD. Your "employer"
is responsible for checking your documents. I'm sure that immigration
officials will be conducting a crack-down on self-employed music teachers
working from their homes very soon.

Andy.

--
I'm not really here - it's just your warped imagination.

Elenfair

I think I understand what you're saying...

So, as an independent, self-employed contractor, I should be okay for that bridging period?

While I understand point (1), I'm wondering if they will they frown on that at AOS? I mean, even if they wanted to track it, it would be hard to since I'm not a "corporation" but paid on a student by student basis, sometimes weekly, sometimes monthly, sometimes quarterly... AND I will have applied for an EAD with my AOS.

Colour me confused. I love immigration.

Elly

mrpink

Whoa, hang on, wassat?

Are you saying that a truly genuinely *not even pretending* self-employed person can undertake paid work without the EAD?

Could I advertise my professional services, attract clients, do the work, invoice them and collect the money, all without an EAD?

I'm expecting an answer like "of course not", that would be too good to be true... But is this how it works? Cos that would make a very significant (and beneficial) difference to my plans next year!!

cheers,

Mr Pink
~and SecretGarden
~~ Day 21,674,616,766,165 NSC

devanan

I dont think I fully understand what has been said here. I have applied for AOS and EAD. I ma waiting for the EAD. I am a real estate agent and work as an independant contractor. Does that mean that if an independant company they don't risk being sanctioned.

I really want to know, because I want to work but don't want to jeopardize the company I will be working for.

devanan

I realise that my reply was not so clear.
As a real estate agent you are in an independant contractor relationship with the broker. If I would work for the broker without my EAD would the broker risk sanctions?
I have filed for AOS from a J1. Would I risk sanctions.

I also read this part in the law that an employer doe not have to fill out form I-9 for emploment verification if he is hiring an independant contractor. Does this relate to the above.

Maybe one of the lawyers can answer?

Folinskyinla

Hi:

I've gone as far as I am willing to go on this issue in a public forum.

My gardener comes once a week. I send him a check once a month. I've never done an I-9. I feel comfortable with that situation.

SecretGarden

Hi there---you've got the USC this time!

The last thing that Mr. Pink and I want to do is take advantage of the system or risk disobeying employment and/or tax laws......

I'm still not sure what you're saying here though, and would understand completely if you refrain from answering.

Our situation:
Mr. Pink is a self-employed small business owner in the UK right now and intends, eventually, to build up a client base once he gets here. We have obtained a UK investor who will purchase and ship necessary equipment over here for him, and, thinking that we had to have the EAD in order to collect money for his services, worked out a deal whereby the usual fee for the work he does for the investor would be taken off the debt for the outlay for the equipment. Sounded perfect to us---the investor gets his product, Mr. Pink gets his equipment, and no payment is made to Mr. Pink for work he does until the EAD is obtained. HOWEVER, that does leave him without the ability to bring cash into the household for a period of time as he is actually working off the debt to the investor for the equipment---not ideal, but still doable on my salary. (I've probably really confused everyone here.....sorry)

We, of course, intend to make an appointment with my tax advisor once he gets here, and iron out all the self-employment tax issues, etc.

Again, not wanting to do ANYTHING illegal or risk being frowned upon by the powers that be for ANY reason at ANY step in the process---in fact, perhaps we are more gun-shy than we need to be. Are we? Thanks in advance to anyone who could shed more light here---Ellen's situation has intrigued us as well as Mr. F's responses.

~SecretGarden
~and Mr. Pink (Day 175, NSC)
5/29/03 1st NOA, K1

Squire

In article <[email protected]>, SecretGarden
<member4024@british_expats.com> writes
    >Mr. Pink is a self-employed small business owner in the UK right now and
    > intends, eventually, to build up a client base once he gets here.
    > We have obtained a UK investor who will purchase and ship necessary
    > equipment over here for him, and, thinking that we had to have the
    > EAD in order to collect money for his services, worked out a deal
    > whereby the usual fee for the work he does for the investor would be
    > taken off the debt for the outlay for the equipment. Sounded
    > perfect to us---the investor gets his product, Mr. Pink gets his
    > equipment, and no payment is made to Mr. Pink for work he does until
    > the EAD is obtained. HOWEVER, that does leave him without the
    > ability to bring cash into the household for a period of time as he
    > is actually working off the debt to the investor for the equipment---
    > not ideal, but still doable on my salary. (I've probably really
    > confused everyone here.....sorry)

Maybe I can answer one particular part of the above scenario. If the
business performs work or services of value then that is a sale
regardless of money changing hands or not.


--
squire
Those are my principles. If you don't like them I have others. (Groucho)

dhs

I'm not sure I would without filing a 1099-MISC