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Anja_and_Henry

self employment and EAD

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Filed: Citizen (pnd) Country: Germany
Timeline

Hi There,

Anybody here self employed?

I'm finding this on the expatforum:

"EAD is not required for self-employment. An IRS ITIN (Individual Taxpayer Identification Number (ITIN)) is adequate for

the tax issues, including applying for an EIN if needed. EAD is also not

needed to act as an employer; you may hire employees and/or subcontract

if needed.

You may also work in self-employment with an EAD and SSN if you have

one, of course."

Is this discussed somewhere, leagal bases?

Cheers Anja

Edited by Anja_and_Henry

08/10/2009 - sent off I-751 to CA service center

08/16/2009 - check cashed

08/28/2009 - received NOA1

09/11/2009 - biometrics in Portland

03/30/2010 - done for the next 10 years.............

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Are ITINs valid for work purposes?

No. ITINs are for federal income tax purposes only.

This is from the IRS. You do need EA in order to be self employed in the US.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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Filed: K-1 Visa Country: Mexico
Timeline

You do not need an EAD to work as an independent contractor - there is no one to provide with a work authorization document so there are no worries about an employer needing the correct authorization for the I9. And you are work authorized as a K1.

If your self-employment is going to be in this way, as an independent contractor or freelancer, an EAD is not required and an ITIN is sufficient for the tax issue as you read.

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http://www.ssa.gov/immigration/noncitizens.htm

I'm assuming that to mean that you actually need an EAD card and/or stamp, but I guess this a pretty blurry area seeing I suppose technically K-1's are already employment authorized (at least that is what I got from the earlier debate on the topic).

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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Filed: Citizen (pnd) Country: Germany
Timeline

It must be some kind of a grey zone - I will file for EAD but I will not be my own employee and I will not employ people for now. I guess that the IRS and USCIS are not working together - how come so many illegals are filing and paying taxes and have no status in the US? I'm going to ask a laywer if a work authorization is needed in my case. I have a SSN, that should do for the IRS?

Anja

08/10/2009 - sent off I-751 to CA service center

08/16/2009 - check cashed

08/28/2009 - received NOA1

09/11/2009 - biometrics in Portland

03/30/2010 - done for the next 10 years.............

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Filed: K-1 Visa Country: Mexico
Timeline

As an independent contractor/freelancer it's pretty clear - you don't need an EAD.

You can file your taxes using your SSN - that's normal procedure.

People who don't have an SSN file taxes using an ITIN - that's how illegals filing and pay taxes.

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Filed: Citizen (pnd) Country: Germany
Timeline

Thank you for the response - I will make sure what we do is right for us and go for it. :blush:

Anja

08/10/2009 - sent off I-751 to CA service center

08/16/2009 - check cashed

08/28/2009 - received NOA1

09/11/2009 - biometrics in Portland

03/30/2010 - done for the next 10 years.............

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  • 9 years later...

Hi guys,

I know this is an old thread but I'm hoping someone can shed some light on this. I'm setting up as a self employed/freelance photgrapher. I already have a client waiting for the green light. I have a SSN and we have married and (just) filed for EAD. Can I work legally? I really don't want to jeorpardise my application by starting work too soon.

Thanks!

C

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Hi guys,

I know this is an old thread but I'm hoping someone can shed some light on this. I'm setting up as a self employed/freelance photgrapher. I already have a client waiting for the green light. I have a SSN and we have married and (just) filed for EAD. Can I work legally? I really don't want to jeorpardise my application by starting work too soon.

Thanks!

C

No, you can't work yet. You are only allowed to work with dhs authorization (this should be written on your card) and that authorization is the ead card.

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Filed: Country: Vietnam (no flag)
Timeline

Hi guys,

I know this is an old thread but I'm hoping someone can shed some light on this. I'm setting up as a self employed/freelance photgrapher. I already have a client waiting for the green light. I have a SSN and we have married and (just) filed for EAD. Can I work legally? I really don't want to jeorpardise my application by starting work too soon.

Thanks!

C

You need the EAD card in your hands to legally work.

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Filed: K-1 Visa Country: Brazil
Timeline

Hello, does this mean that while waiting for EAD we can't have any activity that might have profit? Like selling cupcakes, crafts or something like that?

ROC (I-751)

06/24/2019 - Shipped via FedEx

06/26/2019 - I-751 Received by USCIS

07/01/2019 - Money order cashed/paid.

07/02/2019 - Text received with MSC case number on my cellphone.

07/03/2019 - Extension letter (18 months) received in the mail dated 6/28/2019. 

 

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Filed: Country: Vietnam (no flag)
Timeline

Hello, does this mean that while waiting for EAD we can't have any activity that might have profit? Like selling cupcakes, crafts or something like that?

You can not earn any income while waiting for your EAD.

Selling cupcakes, crafts or something like that without work authorization is illegal work.

Edited by aaron2020
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Filed: K-1 Visa Country: Brazil
Timeline

You can not earn any income while waiting for your EAD.

Selling cupcakes, crafts or something like that without work authorization is illegal work.

Thank you!

ROC (I-751)

06/24/2019 - Shipped via FedEx

06/26/2019 - I-751 Received by USCIS

07/01/2019 - Money order cashed/paid.

07/02/2019 - Text received with MSC case number on my cellphone.

07/03/2019 - Extension letter (18 months) received in the mail dated 6/28/2019. 

 

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  • 2 years later...

Why/ how has the answer to this question changed since the original post back in 2007? I am self-employed, entered the USA on a K-1 Visa, got married and I’m now waiting for my EAD (work permit document), so now I definitely need this before I can work? How come previous answers in the thread said self-employed people don’t need this, they just need an ITN so they can pay taxes?? 

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Filed: Citizen (apr) Country: Canada
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~~Zombie thread locked to further replies. Please keep your question to your existing thread.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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