EnglishRose84

Hi,

I am due to move out to the US in a couple of months on an L2 visa. My current work in the UK (who have no offices in the US) have asked if it would be possible for me to continue to work for them over in the US? First, I was wondering would this be at all possible? Second, could this be done before I have received by EAD?

Thanks

scrubbedexpat099

Legally slightly grey.

Practically, why would it be an issue?.

EnglishRose84

Thanks.
I wasn't seeking advice on the practical issues involved, the type of work I do means that it will not be an issue. It was the legal implications I was interested in. When you say a "slightly" grey area, does that mean it can be done?

Ray

Legally you can get an EAD if you are the married partner of an
L-1 holder...then do whatever you like as far as work goes ...

but you need the EAD first

pejpm1

So you'd effectively be working from home, still being paid in pounds into a UK account from your UK employer?

I'm not sure what the solution to this is, but it's an interesting question so I'm subscribing to this thread....

My initial reaction would be......how would anyone find out even if it's not legal? But of course I'm not suggesting that should be how you proceed obviously....at least, I wouldnt say that on this forum...some of the people get very touchy over legalities... (:

EnglishRose84

thanks Ray - yes I am the married partner so basically I will have to tell my work that I can't work for them until my EAD has come through!

EnglishRose84

Yes I would be working from home (albeit in the US) getting paid in pounds from UK employer. (if that is legally sound)

Ray

Thats the grey area ..lol....
Will take about 90 days to get ..but of course if its just computer work
ummmmmmmmmmmmmmmmmmm!!!

scrubbedexpat099

There is a possible get out for telecommuters.

Bob

tax implications could be fun too, so worth speaking to someone who deals with that...

probably not worth risking working till you've got the EAD, probably won't be an issue, but it could be.

EnglishRose84

Thanks for all the advice.

Through my husbands work, I have been in contact with a U.S attorney who seemed to think "it would be ok for me to work for my UK company before I had my EAD authorised because there would be no I-9 process and since I would be employment authorised based on my L-2 status, then I can legally continue to work for them in the U.S."

I'm still not 100% sure - that answer seems a bit too easy! Or perhaps I am trying over complicate things!

Anyway, if anyone else has any further advice, it would be gratefully received...

scrubbedexpat099

Being work authorised and having evidence of it are seperate issues, hence the need for EAD.

But as I started, realistically its only an issue if you make it.

meauxna

I think you are authorized to apply for a work permit, but that isn't the same thing as *having* work authorization.
That's as opposed to some stata ? statuses that don't even allow you to apply for a work permit, like an H-4.

It's always worth looking into a little more deeply if you have long-term aspirations for living in the US.

EnglishRose84

Well thats what I thought! I was merely quoting information I received from the attorney.

Anyway - i'll research further... thanks