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Status between J1 and EAD
Posted 19 July 2012 - 11:01 AM
I am in the US on a J1 and filling AOS documents after getting married to an American citizen. I am currently working for an American company owned by a French company (affiliate), under my J1 program.
My visa expires by the end of august (contract expiring by end of July), and, realistically, I should receive the temporary work permit (EAD) in October if everything goes well.
Would it be possible to switch to a French contract (I'm French) and work for the "headquarters" from my house here in the US while overstaying my visa and waiting for the AOS to get processed? Or would that be considered illegal?
I would still be working for our US office (on the same projects I've been working on for the past year), but with a french contract, as if I was working in France.
I know it sounds weird, but that's what my company is thinking about doing in order to keep me working.
I hope that makes sense, and that someone will have an answer for me...
Thank you all.
Posted 19 July 2012 - 11:08 AM
You won't be overstaying your visa, if you get the AOS paperwork together and mailed to USCIS before your J-1 status expires. Once USCIS receives the AOS application, you will enter a new period of authorized stay in the US which will continue until you have a decision on your AOS application, and is unrelated to the J-1 status you are now under.
My understanding is that as long as your employer is not in the US, your salary is not taxable here, and you are paid in a foreign account, you do not require US work authorization for that - so you would be allowed to work under those conditions between your J1 expiring, and the EAD arriving. Not an expert on this matter though, so maybe some one else will confirm/disagree.
02/11/2011 Married at Manhattan City Hall
03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox
03/04/2011 - Day 1 - AOS -package signed for at USCIS
03/09/2011 - Day 6 - E-mail notification received for all petitions
03/10/2011 - Day 7 - Checks cashed
03/11/2011 - Day 8 - NOA 1 received for all 4 forms
03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011
03/31/2011 - Day 28 - Successful walk-in biometrics done
05/12/2011 - Day 70 - EAD Arrived, issued on 05/02
06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th
07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location
07/22/2011 - Day 141 - E-mail approval notice received (Card production)
07/27/2011 - Day 146 - 2nd Card Production Email received
07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS
08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail
("Resident since" date on the GC is 07/20/2011
Posted 19 July 2012 - 11:30 AM
I'm not subject to the 2-year rule.
I will be paid in euros, indeed, but the fact that I will be working from the USA (and in my current office, with US clients, doing the exact same job I've been doing for the past year and a half, etc) makes me wonder about the legallity of all that.
I doubt that it would be that easy for a French company to send a regular employee to the USA to work on the American market without any special kind of visa... But I'm definitely not a specialist in these legal situations. Which is why I opened this thread.
Anyways, any advice is welcome!
Posted 19 July 2012 - 03:54 PM
Anyone else knows about that situation?
Posted 23 July 2012 - 11:55 AM
Posted 23 July 2012 - 12:01 PM
Am I the only one finding myself in this situation, ever?...
If your company hires you they will be liable for your working without EAD or relevant to work status.
I think it doesn't matter if it's French or American company, you must have a permission to
be here and permission to work for them. They are still under US jurisdiction and subject to US laws.
On your end, if you are USC spouse and are subsequently allowed to adjust, your working without EAD would be forgiven.
I have extremely limited understanding of J visa>AOS and am not an immigration law expert.
May be others with more knowledge can contribute.
I-130 Approved: June 25, 2012
I-485 RFE issued: June 25, 2012
Contacted offices of Honorable Senator Ben Cardin and Barbara Mikulski at the end of July.
I-485 DECISION MADE on August 03, 2012 , LESS THAN A WEEK AFTER CONTACTING THE SENATOR'S OFFICE TO INQUIRE ON CASE STATUS!
I-485 WELCOME NOTICE RECEIVED IN MAIL: 08/08/12
Green Card in Mail: 08/11/12
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