Telecomuting back to the UK

[watkinson.m.a 0]

Hi All,

I am lucky enouth to be having my final interview for my visa to the USA on the 30th, flying on the 19th of October and marrying on the 14th. now Im inthese final days it feels like I am so close to finally being with my angel at last, but also they steam to be dragging out more than ever!

I am posting in search of information regarding work eligability in the US. Today I gave my notice at work and both I and my employer are interested in the posibility of my telecomuting from the states until I am eligible to work there and find a job (or maybe even to continue there for the foreseeable future.) Im just glad Im fortunate enouth to have a job I enjoy that allows this kind of arrangement. Unfortunatly my situation appears to be somewhat unique and I have been unable to find information of the legal status of such.

I fully understand that uneil I get my emplyment authorisation I will be unableto work within the united states. However I will continue to be eligible to work in the UK. Does this mean that I can telecommute to the UK to continue to provide an income for my new life or not? Can anyone direct my towards information on the subject.

Thanks all!

Mark

[Nik+Heather 121]

Everything I have read (on my own and from others on VJ) is that it's a very grey area.

Someone emailed their embassy with the *exact* same situation, and got a "it depends" sort of answer, but also the warning that "Bottom line, you are not allowed to work in the US without a work permit." Which ended up being completely unhelpful.

It might be worth trying to find a free consultation with an immigration lawyer or two.

[ikarus 1]

"Does this mean that I can telecommute to the UK to continue to provide an income for my new life or not?"

By tele commute, do you mean, working remotely? You're in the usa, and you're working for your british company remotely? And do you also mean flying to the UK every so often to do some work?

Either way, absolutely you can do this. Not having the permit to work in the usa, doesn't mean you can't work in the UK. My wife has done exactly the same in the past; she worked remotely for a european company, and couple of times she had to fly back there for work. As long as you can legally get back to the usa, then not a problem; however, my only advice would be that when entering the usa, and if you're asked reason for being out the country, don't say, work reasons. That can only lead to unwelcoming 'probing' questions...And believe me, you're not in a unique situation.

Edited September 16, 2009 by ikarus

[EasternDE 35]

Oh finally someone in the same situation as me!

I posted the same exact question here: http://www.visajourney.com/forums/index.php?showtopic=211011

On all aspects this situation is very "blurry", though you'd imagine this is not a unique configuration.

I have awfull troubles to find any kind of reliable information. I think this is still too new and has been ruled yet.

Worst case scenario, it's not legal but not illegal neither.

I don't see why we wouldn't be able to do it, we're not working for an american company, we're not stealing anyone job, and those incomes are taxed in our home country.

If you find anything please keep me posted.

Edited September 17, 2009 by EasternDE

[Gemmie 142]

Hmm, I don't know too much about this area, but I do know that during our K1 Process, my then fiancee came to the UK to visit me and kept working from there. He was a web designer so with the right software and trans-atlantic communication, he was able to carry on getting money. He wasn't breaking any laws as he was being paid by the US to work for US customers and also paying US taxes. I imagine that's what matters; the company you're working for bring British (in your case).

Good luck/

[Usui Takumi 1,562]

We had an attorney confirm that it is in fact not illegal to telecommute, this was then confirmed to us by the IO at our AOS interview later on.

[watkinson.m.a 0]

We had an attorney confirm that it is in fact not illegal to telecommute, this was then confirmed to us by the IO at our AOS interview later on.

This is fantastic news all! Does anyone know about the tax situation? Would I need to pay any extra taxes?

The plan would be to work from the USA for my UK employer, entirely via the internet. They would pay me into my UK account and I would transfer it out of there via paypal or direct bank to bank transfer into a USA account.

In other words do I need to file it as income for my USA taxes, or do i not need to worry about it?

Im very excited about this as I really love my job and other than family it was the thing I was gonna miss most about the UK.

[EasternDE 35]

Hmm.

Apparently, yes you'll have to. With your spouse. But what's below 80K won't be taxed.

But that's a very complicated topic.

As for myself, my company will change my contract, to detached non resident employee, and I'll have to pay my french taxes to a special taxes center for non resident french citizens.

You have to be carefull with this because, for instance France got a "contract" with the USA. I doubt UK doesn't have any.

You discussed your contract with your company, or they plan to leave it just like it is?

[watkinson.m.a 0]

Ill be discussing my findings tommorow, we still need to work out exactly how this is all going to work. They are a very small comp-any with only around 10 employees

[Trompe le Monde 1,107]

Hmm.

Apparently, yes you'll have to. With your spouse. But what's below 80K won't be taxed.

you have to declare your worldwide income on your tax returning, including money earned from your British employer. I think the amount that is exempt from tax (the earned income exclusion) is now a little higher - $86,600

[EasternDE 35]

Ill be discussing my findings tommorow, we still need to work out exactly how this is all going to work. They are a very small comp-any with only around 10 employees

I also work for a little company, about the same size. It's an online store.

I feel the same way as you do, if I can keep a little from here then... It's much easier!

Needless to say that I'll get paid in Euros, which is... better than dollars.

Please share you experience, it's very hard to find anything on that topic on the WEB.

[watkinson.m.a 0]

I had my interviw this past wednesday. Unfortunatly I had issues with my affedavid of support. Thankfully they cleared my visa regardless and I should have it sometime next week!

Back on topic, I was able to ask the consular officer about my job situation. He requoted the rules - you are not allowed to work in the US: However he then clarified that working for a non US company is not classed as working in the US and is therefore allowed.

He did however ask me to confirm it at the border: assuming they clear it then all will be well!

Thanks once more for the help. Im coming to the USA to be with the love of my life. Woohoo!

[Krikit 1,163]

Just thought I'd add in my 2 cents. lol

Myself, and many other Canadians, telecommuted during the limbo period. It is perfectly legal when dealing with non-US companies. In fact, the AP specifically allows for it. I also had it cleared by an officer at an InfoPass appointment.

[Mand 1]

Hmm.

Apparently, yes you'll have to. With your spouse. But what's below 80K won't be taxed.

you have to declare your worldwide income on your tax returning, including money earned from your British employer. I think the amount that is exempt from tax (the earned income exclusion) is now a little higher - $86,600

The foreign income earned exclusion only applies to US citizens (green card holders I'm not 100% sure of) working outside of the US and requires you to file form 2555-EZ or 2555, but you do have to show that you were actually residing abroad.

[EasternDE 35]

I had my interviw this past wednesday. Unfortunatly I had issues with my affedavid of support. Thankfully they cleared my visa regardless and I should have it sometime next week!

Back on topic, I was able to ask the consular officer about my job situation. He requoted the rules - you are not allowed to work in the US: However he then clarified that working for a non US company is not classed as working in the US and is therefore allowed.

He did however ask me to confirm it at the border: assuming they clear it then all will be well!

Thanks once more for the help. Im coming to the USA to be with the love of my life. Woohoo!

I remember that on one of the packet 3 forms, there's a question, something like "What job do you plan to do?"

Would you mind telling me what you did answer?