Temporary EAD at POE with k1 still possible?

[Givn2fly 2]

Hello,

I'm waiting for my interview invite at the moment and, as probably everyone else, am trying to get as much information as possible on everything that may await me once I get to the States ...

One thing that I read around here and the internet was that at least at one point in time, temporary EADs were given out at POE also for k1 people. I read some discussions about it and some people argumented "What's it worth, you will have to quit your job after it's expiration anyway", but in my case, the situation is a little different. With the company I am employed with now, I worked out that I can work for them even after my move on a self-employed base. I wouldn't have to "quit" the job, cause it would be a project based thing. I am quite sure that they would have work for me to do after I moved, but I told them that I will be on a break for at least three months (or the time till I get my EAD). Now that I read about the possibility of those temporary EAD stamp at POE and I am wondering if this is still going on. Does anyone know if that is still in practise? Thanks.

[C-ma'am 684]

Hello,

I'm waiting for my interview invite at the moment and, as probably everyone else, am trying to get as much information as possible on everything that may await me once I get to the States ...

One thing that I read around here and the internet was that at least at one point in time, temporary EADs were given out at POE also for k1 people. I read some discussions about it and some people argumented "What's it worth, you will have to quit your job after it's expiration anyway", but in my case, the situation is a little different. With the company I am employed with now, I worked out that I can work for them even after my move on a self-employed base. I wouldn't have to "quit" the job, cause it would be a project based thing. I am quite sure that they would have work for me to do after I moved, but I told them that I will be on a break for at least three months (or the time till I get my EAD). Now that I read about the possibility of those temporary EAD stamp at POE and I am wondering if this is still going on. Does anyone know if that is still in practise? Thanks.

I'm afraid not. Some people still get the stamp (for whatever reason), but it's not a valid authorization to work.

[Givn2fly 2]

Dang! But somehow I expected that ...

But what does that stamp mean then?

[JohnR! 5,495]

Hello,

I'm waiting for my interview invite at the moment and, as probably everyone else, am trying to get as much information as possible on everything that may await me once I get to the States ...

One thing that I read around here and the internet was that at least at one point in time, temporary EADs were given out at POE also for k1 people. I read some discussions about it and some people argumented "What's it worth, you will have to quit your job after it's expiration anyway", but in my case, the situation is a little different. With the company I am employed with now, I worked out that I can work for them even after my move on a self-employed base. I wouldn't have to "quit" the job, cause it would be a project based thing. I am quite sure that they would have work for me to do after I moved, but I told them that I will be on a break for at least three months (or the time till I get my EAD). Now that I read about the possibility of those temporary EAD stamp at POE and I am wondering if this is still going on. Does anyone know if that is still in practise? Thanks.

If your compensation for the work done comes from or is deposited in an account in another country by a foreign company, you need not worry about the EAD, i.e. teleworkers or self-employment.

You will need the EAD when you start deriving a salary in the US for work performed in the US.

[C-ma'am 684]

Dang! But somehow I expected that ...

But what does that stamp mean then?

It means nothing, as far as I'm concerned. Apparently in some POEs (I've head about NY mostly) they still stamp them sometimes... guess they didn't get the memo.

When you get your SSN# (which you'll also need to work, aside from the EAD), the little card says that you can only work with authorization of Homeland Security; so that voids any stamp anyway.

Edited August 22, 2012 by Celeste & C

[Givn2fly 2]

If your compensation for the work done comes from or is deposited in an account in another country by a foreign company, you need not worry about the EAD, i.e. teleworkers or self-employment.

You will need the EAD when you start deriving a salary in the US for work performed in the US.

Now that is interesting, cause it would exactly be like that! Does that mean I could work for a German company on a self employment basis even if I didn't have a EAD in America yet? The thing is, I will still have to write invoices for the work that I have done. But being in the States I wouldn't have a tax number yet, and when I leave Germany, my German tax number will be no longer valid.

[JohnR! 5,495]

Now that is interesting, cause it would exactly be like that! Does that mean I could work for a German company on a self employment basis even if I didn't have a EAD in America yet? The thing is, I will still have to write invoices for the work that I have done. But being in the States I wouldn't have a tax number yet, and when I leave Germany, my German tax number will be no longer valid.

In that case you will need to wait for your EAD. You could only keep on working if you could issue your invoices using your German tax number, because none of that income would be US related.

Can I ask you how will the German tax authority know that you left the country thus making your tax number invalid? What would happen to that number if you were to come to the US for a few months only?

It would seem to me - and I may be wrong - that you should be able to use that number as long as you are receiving payment and filing taxes in Germany.

Edited August 22, 2012 by Gegel

[Givn2fly 2]

In that case you will need to wait for your EAD. You could only keep on working if you could issue your invoices using your German tax number, because none of that income would be US related.

Can I ask you how will the German tax authority know that you left the country thus making your tax number invalid? What would happen to that number if you were to come to the US for a few months only?

It would seem to me - and I may be wrong - that you should be able to use that number as long as you are receiving payment and filing taxes in Germany.

The thing is, I haven't really checked out how it will affect my tax status if I "resign" from my town. I will still have to do the tax report for this year, no matter what. I thought I might just hand it in for the time till I left, but maybe there is really a possibility to be taxed in Germany even though I am living in the States already. I will keep my German bank account, but I won't be living in Germany anymore and I won't be registered as someone who is living in Germany anymore. I would be taxed like every other German if I would leave for just a couple of months. Because then I would still be registered in Germany. With the k1, nope. I also will have to unregister in order to end my cell phone contract and stuff like that, so not unregistering is not an option.

[JohnR! 5,495]

The thing is, I haven't really checked out how it will affect my tax status if I "resign" from my town. I will still have to do the tax report for this year, no matter what. I thought I might just hand it in for the time till I left, but maybe there is really a possibility to be taxed in Germany even though I am living in the States already. I will keep my German bank account, but I won't be living in Germany anymore and I won't be registered as someone who is living in Germany anymore. I would be taxed like every other German if I would leave for just a couple of months. Because then I would still be registered in Germany. With the k1, nope. I also will have to unregister in order to end my cell phone contract and stuff like that, so not unregistering is not an option.

If unregistering is not an option, then you'll not be able to work in the US because you'll have no tax number here for a while.

[Givn2fly 2]

If unregistering is not an option, then you'll not be able to work in the US because you'll have no tax number here for a while.

Okeydoke - then that means at least three workfree months for me Thanks for clarification, that question has been boggling my mind since we've started this process ...

[Gary and Alla 3,694]

Hello,

I'm waiting for my interview invite at the moment and, as probably everyone else, am trying to get as much information as possible on everything that may await me once I get to the States ...

One thing that I read around here and the internet was that at least at one point in time, temporary EADs were given out at POE also for k1 people. I read some discussions about it and some people argumented "What's it worth, you will have to quit your job after it's expiration anyway", but in my case, the situation is a little different. With the company I am employed with now, I worked out that I can work for them even after my move on a self-employed base. I wouldn't have to "quit" the job, cause it would be a project based thing. I am quite sure that they would have work for me to do after I moved, but I told them that I will be on a break for at least three months (or the time till I get my EAD). Now that I read about the possibility of those temporary EAD stamp at POE and I am wondering if this is still going on. Does anyone know if that is still in practise? Thanks.

The stamp means nothing without a valiod work visa. The K-1 is not a work visa. Short answer...NO.

The K-1 never was a work visa and it was never allowed for a K-1 to work without an EAD, however for a time the wording of the I-9 was vague about the matter and the law was not being enforced. The vagueness was cleared up in 2009. K-1s cannot work legally without an EAD or Green Card.

[Gary and Alla 3,694]

It means nothing, as far as I'm concerned. Apparently in some POEs (I've head about NY mostly) they still stamp them sometimes... guess they didn't get the memo.

When you get your SSN# (which you'll also need to work, aside from the EAD), the little card says that you can only work with authorization of Homeland Security; so that voids any stamp anyway.

They got the memo. They don't care. Rather than sort them out they just stamp them all. If you have a valid visa you are good to go, if you do not...no harm done. They wasted a little ink.

Is IS true that if your employment is with a foriegn company and the money is deposited to a foreign account you are not considered "employed" in the USA. You can, of course, transfer the funds by ATM.

[Givn2fly 2]

Is IS true that if your employment is with a foriegn company and the money is deposited to a foreign account you are not considered "employed" in the USA. You can, of course, transfer the funds by ATM.

Thanks for the replies. So (sorry for asking again, but I just want to make sure I understood it) if I worked self-employed for the German company and the German company would send my payment to my German bank account I could work for them, even without my EAD? Where would I file the taxes for that money? Thanks a lot for all your contributions!

[C-ma'am 684]

Yes, if can do remote work for your employer in Germany and they deposit your wages in your German bank account, you will not be doing anything against the law because you are not working in the US for a US company; and you don't need an EAD to keep working for Germany.

[JohnR! 5,495]

Thanks for the replies. So (sorry for asking again, but I just want to make sure I understood it) if I worked self-employed for the German company and the German company would send my payment to my German bank account I could work for them, even without my EAD? Where would I file the taxes for that money? Thanks a lot for all your contributions!

Absolutely. So long as you're not deriving income from a company in the US you can work. In this case your compensation will be deposited in Germany so it is money that you need to declare in your German taxes. You will only be responsible for US taxes the moment you become a LPR. You will need to declare all income, whether received in the US or elsewhere from that point onwards.