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Canuck Carrie

Consulting for a foreign co. in foreign $

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Filed: Citizen (pnd) Country: Canada
Timeline

I'm sure it's been discussed, but I can't find anything in a search.

What are the rules for Consulting for a foreign company, being paid in foreign $, deposited to a foreign bank account.

I'm asking because the USCIS says this:

What is an Employment Authorization Document?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

EAD: This document proves you are allowed to work in the United States.

http://uscis.gov/graphics/howdoi/ead.htm


2005

Sept 10 I-129F sent to TSC

2006

Interview - February 13th APPROVED! day 152

April 6 - wedding date day 204

Aug 22 - AOS interview date day 101-total days 342

Sept 29 - green card arrives, done until June 2008 day 140-total days 381

2008

June 30 - I-751 mailed total days 1025

2009

March 9 - Removal of Conditions approved! total days 1277

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Filed: Country: Canada
Timeline
I'm sure it's been discussed, but I can't find anything in a search.

What are the rules for Consulting for a foreign company, being paid in foreign $, deposited to a foreign bank account.

I'm asking because the USCIS says this:

What is an Employment Authorization Document?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

EAD: This document proves you are allowed to work in the United States.

http://uscis.gov/graphics/howdoi/ead.htm

If you're doing consulting, then your your own employer... EAD rules still apply...


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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Filed: AOS (pnd) Country: Australia
Timeline

Canuck Carrie,

I like the way you interpreted the USCIS web site. I agree with you.

You can interperated things in a multitude of different ways.

Have a look at the Employers handbook and i think there are a couple of other pdf files worth looking at when it comes to employment eligability.

I dont totally agree with the other on this topic. But there again they wont agree with me either.

S.

http://uscis.gov/graphics/lawsregs/handbook/hand_emp.pdf


8/6/04 Received I129f (Nebraska)

8/11/04 NOA 1 - The clock is running.....

11/3/04 NOA 2 - APPROVED. 85 DAYS

11/24/04 NVC Receives Petition

12/13/04 Packet 3 Received - Sydney

01/15/05 Packet 4 Received - Sydney

03/01/05 Interview date. SUCCESS - FINALLY

04/12/05 Arriving in Denver

05/05/05 Getting Married - Maui

06/07/05 Filed AOS & EAD

06/23/05 NOA's for AOS & EAD

07/08/05 Biometrics (Grand Junction)

09/08/05 Interim EAD received - Denver

10/04/05 Original EAD Approved

12/08/05 AOS Interview - Denver -Success

12/19/05 Greencard Arrives

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Filed: Citizen (pnd) Country: Canada
Timeline

Thanks for the link AussieBoy, but the handbook seems to only apply to US Employers (unless I missed something in there).

I'm wondering if "consulting" was the wrong choice of words, it would be more of a "remote employee" thing. I should just get it out of my head that it might be feasible.


2005

Sept 10 I-129F sent to TSC

2006

Interview - February 13th APPROVED! day 152

April 6 - wedding date day 204

Aug 22 - AOS interview date day 101-total days 342

Sept 29 - green card arrives, done until June 2008 day 140-total days 381

2008

June 30 - I-751 mailed total days 1025

2009

March 9 - Removal of Conditions approved! total days 1277

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Filed: Timeline

I was asked at my interview if I had done any work paid or unpaid prior to receiving my EAD.....

Ithink if you are here in the states you would not be allowed to work even for a foreign employer without the EAD....

Kezzie

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Filed: AOS (pnd) Country: Canada
Timeline
I'm sure it's been discussed, but I can't find anything in a search.

What are the rules for Consulting for a foreign company, being paid in foreign $, deposited to a foreign bank account.

I'm asking because the USCIS says this:

What is an Employment Authorization Document?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

EAD: This document proves you are allowed to work in the United States.

http://uscis.gov/graphics/howdoi/ead.htm

It is pretty much a grey area.

The rules pretty much state that you are not allowed to work while waiting for the EAD. That said, if you do work you must declare the income and you can deduct all legit expenses (e.g. internet, etc). So even the US government can not agree.

I would guess that the answer really lies with how creative you can be in structuring the arrangement (e.g. invoice for the work while still in Canada), how much you need the money, and how comfortable you are living in the grey area.

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Filed: AOS (apr) Country: Russia
Timeline

I'd agree that it's a grey area. It's like you are a remote employee for a Canadian employer. But you would still need to declare foreign income, so IRS would know about it, I guess. If they talk to each other or not is anybody's guess. And if it is be apparent at your interview, what would happen?


09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

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Filed: AOS (pnd) Country: Australia
Timeline

Canuck Carrie,

Some of the other pdf file have definitions of "work".

Also if you are paying taxes in Canada and filing a tax return there rather than in the US then maybe you are not working int he US other than the physical act of working being performed in the US.

Like everyone has suggested this is a grey area but I think you are OK unless someone can provide decent statute or prior cases law to prove otherwise.

S.


8/6/04 Received I129f (Nebraska)

8/11/04 NOA 1 - The clock is running.....

11/3/04 NOA 2 - APPROVED. 85 DAYS

11/24/04 NVC Receives Petition

12/13/04 Packet 3 Received - Sydney

01/15/05 Packet 4 Received - Sydney

03/01/05 Interview date. SUCCESS - FINALLY

04/12/05 Arriving in Denver

05/05/05 Getting Married - Maui

06/07/05 Filed AOS & EAD

06/23/05 NOA's for AOS & EAD

07/08/05 Biometrics (Grand Junction)

09/08/05 Interim EAD received - Denver

10/04/05 Original EAD Approved

12/08/05 AOS Interview - Denver -Success

12/19/05 Greencard Arrives

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