EAD while employed by foreign company?

[Lemonslice 4,583]

Stop worrying about taxes - really, look into it next February.  Right now, it does not matter.   Taxes and EAD have nothing to do together.  

 

I suggest you contact a lawyer and discuss your situation; an hour consultation should be sufficient.

[Peot 134]

2 hours ago, Lemonslice said:

Stop worrying about taxes - really, look into it next February.  Right now, it does not matter.   Taxes and EAD have nothing to do together.  

 

I suggest you contact a lawyer and discuss your situation; an hour consultation should be sufficient.

You're correct. I want to be forward-thinking, but right NOW it does not matter.

 

I'm going to see if my employer can withhold paying out income until I have been approved an EAD, but hope to not lose the job in the process. Either way, it doesn't affect me right now - it's something to look forward to.

[glmg21 330]

Hi @Peot, having researched this myself my best advice is to go and pay for proper legal advice. It comes up time and time again on VJ and plenty of people argue both sides of the coin very well, but the fact that there is never a consensus is, in my mind, a compelling reason to seek proper consultation from those who know best.

 

Personally, after seeking advice I've decided against doing it because I won't need the money, and while I might be in the clear if I do work for a foreign employer before EAD, I'll definitely be in the clear if I just wait. Spent enough time and money just to have the privilege of moving to the US, and I don't fancy taking a risk that could jeopardize it! Good luck in your search!

[NikLR 13,220]

Grey area.  You would not pay taxes twice.  If paid in Canadian dollars into a Canadian account, you would declare this on your us tax return but claim a foreign exclusion. The USA and Canada have a tax polixy that prevents double taxation.  Also a business cannot just NOT pay you either.  The option is to stop working until your ead expedite has been approved. 

Edited July 9, 2017 by NikLR

[Boiler 43,687]

My view and I know that I am skirting the VJ ToS, my bible.

 

1. The number of views you will get on this is only limited by the number of people you talk to, Lawyers included.
2. K1 is authorised to work through status but the EAD is evidence of that authorisation and is needed for the I9.
3. If you are employed by a company not in the US, in this case on the Canadian payroll obviously I9 not needed.
4. Obviously simpler if you go the CR1 route.
5. IRS just want their tax, yes it gets complicated but there are Accountants familiar with this so just a cost issue.
6. In any event even if you could be held to be undertaking unauthorised work such work is for the want of a better term forgiven when adjusting through marriage to a USC.

 

 

 

[Marzena & Stephen 544]

18 hours ago, Peot said:

I have read a few threads here and just want to confirm this much is true:

 

I can continue to work and be employed by a foreign company remotely, without any ties or intent to transfer to an American company, WITHOUT needing an EAD.

Yes, I will still be paying US taxes and filing an IRS form, as I'm aware that taxes are incurred where you are, not where the funds are from.

 

Again, the company is foreign and will be paying out foreign funds and will be paying those funds into a foreign bank account. This circumstance will not change, regardless of visa status.

 

I have heard both "yes" and "no" from people here which is why I need to clear it up. Both from those saying "you can't work without a permit" and others saying "as long as it's not American, you don't need EAD". 

Hi, you cannot work in the usa if you are not authorized to work. It doesnt matter what country the work is coming from. You will really put yourself in a rut. Im also canadian and work in payroll/human resources dealing with this sort of stuff all the time..i have to quit my job when i move aswell and cannot work online while in the usa.(even visiting)   read more a out it online or ask a lawyer..   get your employer to put your job on hold ..  and not pay you...

https://www.uscis.gov/working-united-states/information-employers-employees/information-employers-and-employees

[Marzena & Stephen 544]

12 hours ago, Peot said:

You're correct. I want to be forward-thinking, but right NOW it does not matter.

 

I'm going to see if my employer can withhold paying out income until I have been approved an EAD, but hope to not lose the job in the process. Either way, it doesn't affect me right now - it's something to look forward to.

Just out of curiosity what do you do for work? Because it does take quite some time to get a green card and be able to travel back to canada for work(could be 4 months for some and over a year for others) unless (once you get a permit) all your work is done online?    Even pardons to return to usa can take a few months... im not sure how you plan to keep your job? Just curious thats all and trust me i have a great job that id love to keep in canada too.. 

[jan22 2,912]

It's pretty clear from your responses that you are you've already made your decision as to what you're going to do. However, I still wanted to focus on one point for you. You said that this job was originally offered by the US branch of the company and was transferred to Canada for your convenience, for lack of a better word. Since there is, in fact, a US office of the company that offered you the job, I think that USCIS would conclude that your continuing to work for that company, doing so in the US even if the money flow is through Canada, would constitute you working in the United States. Just something for you to think about.

[Boiler 43,687]

I worked for a Multinational with US Offices and whilst I never visited the US on business a lot of my colleagues did, they all did what was considered work.

 

How many people who come to visit the Mouse, do not check work e mails? French accepted.

 

I can not imagine this is not known, sometimes we need to be realistic even if it verges on breaking the VJ ToS, my Bible.

[caliliving 606]

I worked unauthorized in the USA for 2 years and all was well when I applied for my aos...just an fyi overstay and work is forgiven. 

 

Also she is working for a Canadian company. I know many people who did that and had no problems w aos.

Lots of Canadians I know continued to work from home and get paid from their Canadian company. It won't effect ur a os. 

 

[Peot 134]

I have read several other threads here that indicate that an EAD is NOT required if you are NOT displacing any American jobs, that the funds stay in Canada, that the funds are in non-US currency, and that they are paid out to a foreign bank by a foreign company. The job is NOT displacing an American life. It is NOT interfering with the American economy. All is done online and there is no physical place of business in the United States.

 

Further, the Canadian company does not recognize or abide to American law. They REALLY DON'T CARE if I have a work permit from the United States. They have no reason to. They're not an American company.

 

Why would someone need an EAD for this? To hang it on the wall? To make me feel better about working while sitting in my pjs at home? I can totally see getting an EAD if I were going to an office or working for an American company with pay in USD or transferring the funds to an American account... all of that would imply I were taking a job position away from a USC, but this is absolutely not the case, no matter how I look at it.

 

There was one post on this forum from someone working remotely, he claimed it on his taxes legally, he went through the process never once lying or being dishonest about his method of income and the immigration officer had zero questions for it.

See the heated discussion here: 

Of note, one of the only persons to oppose the idea of working without EAD changed their opinion here:

 

[Coco8 1,039]

1 hour ago, Boiler said:

I worked for a Multinational with US Offices and whilst I never visited the US on business a lot of my colleagues did, they all did what was considered work.

 

How many people who come to visit the Mouse, do not check work e mails? French accepted.

 

I can not imagine this is not known, sometimes we need to be realistic even if it verges on breaking the VJ ToS, my Bible.

If you come to the US on a visitor visa and check emails, that is fine. Nobody considers that work because it is not like an American would be hired to check your emails, nor you would have to pay taxes in the US for checking your emails. 

 

This case is totally different because this guy comes with immigrant intent. 

 

 

[Coco8 1,039]

50 minutes ago, Peot said:

I have read several other threads here that indicate that an EAD is NOT required if you are NOT displacing any American jobs, that the funds stay in Canada, that the funds are in non-US currency, and that they are paid out to a foreign bank by a foreign company. The job is NOT displacing an American life. It is NOT interfering with the American economy. All is done online and there is no physical place of business in the United States.

 

Further, the Canadian company does not recognize or abide to American law. They REALLY DON'T CARE if I have a work permit from the United States. They have no reason to. They're not an American company.

 

Why would someone need an EAD for this? To hang it on the wall? To make me feel better about working while sitting in my pjs at home? I can totally see getting an EAD if I were going to an office or working for an American company with pay in USD or transferring the funds to an American account... all of that would imply I were taking a job position away from a USC, but this is absolutely not the case, no matter how I look at it.

 

There was one post on this forum from someone working remotely, he claimed it on his taxes legally, he went through the process never once lying or being dishonest about his method of income and the immigration officer had zero questions for it.

See the heated discussion here: 

Of note, one of the only persons to oppose the idea of working without EAD changed their opinion here:

 

 

If you are only going to accept the comments that say you can work, then what is the point of asking? That is called confirmation bias. 

 

Do whatever you want. I am not going to comment anymore because it is a waste of time.

 

 

 

 

[Boiler 43,687]

16 minutes ago, Coco8 said:

If you come to the US on a visitor visa and check emails, that is fine. Nobody considers that work because it is not like an American would be hired to check your emails, nor you would have to pay taxes in the US for checking your emails. 

 

This case is totally different because this guy comes with immigrant intent. 

 

 

There were Americans working in London legally who absolutely could have actioned those emails, just to be clear they were not just reading them.

[Marzena & Stephen 544]

Even nhl hockey players get work visas to play hockey in usa if they belong to a canadian employer. 😉