cmstrick

when i went through this with my husband he received his EAD before the AP. actually, he never got the AP. can you "work from home" for the England job so you can log into a computer here to do work for them while you wait?

Noorah101

As long as you have the EAD, you can work from home, yes.

cmstrick

she has to have EAD to work for the british company and get paid over there?

Noorah101

If she's physically present in the USA, I believe so, yes.

Rene

cmstrick

i don't get it? isn't the EAD to prove that you have authorization to work in the US, and technically by working for the british company and getting paid by them over there she wouldn't technically be working in the US?

Noorah101

I could be wrong, but I think it has more to do with where your body is physically. Maybe start a new thread with this specific question, and see if you get more responses.

Rene

Noorah101

I moved this discussion to a new thread for you. If she enters the USA on a K-1, she will be work authorized for the first 90 days anyway. After that, she will need the 1-year EAD to work.

I always thought you had to have work authorization to do any work at all while you're physically present in the USA, even if it's for a UK company and getting paid in the UK. I could be wrong.

Rene

Bluegrass Lass

Technically, I think you're right.

Realisticly, I wonder how USCIS would ever find out?

Noorah101

They probably wouldn't. And even if they did, it would probably be forgiven, just as working in the USA during the gap between temp EAD and 1-year EAD is.

Rene

cmstrick

oh thanks for putting it on a separate thread. i wondered how that happened when i started getting the replies on my bberry.

i was just making a suggestion for another poster because my DH waited to work until he got his EAD.

but, if the EAD isn't required to work on US soil for the british company while getting paid in the british bank account that may be a good option for this person while they are waiting.

the whole reason i suggested it is because they wanted to return with the AP to work over there. my DH applied for the EAD and AP on the same day. he never got the AP...i guess a year had gone by or he had received his GC before they ever got to that application.

i'm just trying to give other options to this individual to make better financial plans in case they have the same issue with the AP that we did.

Manc

Here's the thing.

If you are working in the USA, you're expected to pay US taxes

You cannot be using US roads, bridges, libraries, sidewalks, police, fire, 911 dispatch and not paying taxes in the USA


whether or not you work for a British, Chinese, American Fijian company..... it is irrelevant.

in order to work in the USA you need authorisation and pay taxes to support the infrastructure you are using.

cmstrick

well, they are allowing those waiting for the EAD to do all of that for free....

jeffreyhy

cms,

Lose this 'technically' thing. There's nothing technical about it - if she's in the USA, and she's working, she's working in the USA. And US law says that an alien needs authorization from CIS to work in the USA.

Regards, JEff

meauxna

Weeeeelllll, not technically.

There was some recent discussion in the Immigration forum about that last week. Ignore the messy bits.

long-stay in the US -Visa and employment

Setting up online business with a F2 visa

JCF has alluded to this in other threads as well; he has a more open perspective on the topic than we've held in the forums. Of course, that's his job.

jeffreyhy

Damn - caught on a technicality.