Status between J1 and EAD

[nicothoum 0]

Hi,

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.

Nicolas

[Little_My 464]

First thing you should confirm is that your J-1 visa does not have the 2 year home residency requirement attached to it. Usually it is written on the visa itself.

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.

[nicothoum 0]

Thanks for your answer!

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!

[nicothoum 0]

I'm not subject to the 2-year rule.

Anyone else knows about that situation?

[nicothoum 0]

Am I the only one finding myself in this situation, ever?...

Please help.

Thanks!

[asdfg 18]

Am I the only one finding myself in this situation, ever?...

Please help.

Thanks!

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.