Working while waiting for EAD ?

[troika 307]

I thought that subject might get your attention 

The thing is, my current employer in the UK might want me to work remotely for them when I eventually move over for a while. I will be paid into my the UK account. I am yet to decide, since I have been with them for over 10 years, I am not sure I want to work for them anymore, I actually can't wait to give in my resignation letter 

 

Apart from tax issues, will it be allowed while waiting for EAD ? Once I have EAD, obviously I would want to find a US based job.

[JFH 12,190]

*~*~*moved from "K-1 fiancé visa process and procedures" to "working and traveling"*~*~*

[Coco8 1,042]

There are a ton of threads on this. Nobody agrees on the correct advice.

 

It is a gray area. My take is that it is better not to do it because the EAD is an "authorization for employment". So basically before you get it you are not authorized to be employed no matter where the employer is located.  Before you get your AOS approved and your EAD you are a bit in limbo but you have already shown immigration intent though K-1+AOS application so it is better to follow the rules, and when something is unclear not do anything that seems dubious.

 

If the UK company has an US affiliate it could be even a bigger issue. 

 

If you don't like your job just resign. 

[troika 307]

3 minutes ago, Coco8 said:

There are a ton of threads on this. Nobody agrees on the correct advice.

 

It is a gray area. My take is that it is better not to do it because the EAD is an "authorization for employment". So basically before you get it you are not authorized to be employed no matter where the employer is located.  Before you get your AOS approved and your EAD you are a bit in limbo but you have already shown immigration intent though K-1+AOS application so it is better to follow the rules, and when something is unclear not do anything that seems dubious.

 

If the UK company has an US affiliate it could be even a bigger issue. 

 

If you don't like your job just resign. 

Cool thanks 

[Coco8 1,042]

No problem. If you are bored while waiting for the EAD you can find some free courses to take or you can volunteer somewhere. Or, if you get a job offer, you can expedite the EAD (you need to send USCIS the written job offer).

 

Take into account that people have been waiting 90-120 days for their EAD.

 

 

[troika 307]

Just now, Coco8 said:

No problem. If you are bored while waiting for the EAD you can find some free courses to take or you can volunteer somewhere. Or, if you get a job offer, you can expedite the EAD (you need to send USCIS the written job offer).

 

Take into account that people have been waiting 90-120 days for their EAD.

 

 

I'm sure I will find something to keep me busy, I know the fiance already did a to-do list for a few things around the house when I get there  

[Boiler 45,662]

Grey area.

 

English only in the upper forums.

[troika 307]

3 minutes ago, Boiler said:

Grey area.

 

English only in the upper forums.

which one, British or American english ?

 

I'm sure it was just a joke though, right ? .. you seriously didn't nitpick on the spelling of the word "Gray"

[Boiler 45,662]

English English, if Murican was allowed they would have said so.

 

The VJ ToS is my bible.

[troika 307]

1 minute ago, Boiler said:

English English, if Murican was allowed they would have said so.

 

The VJ ToS is my bible.

It's American in English English, not Murican 

[Coco8 1,042]

4 hours ago, Boiler said:

Grey area.

 

English only in the upper forums.

 

Gray and grey are different spellings of the same word, and both are used throughout the English-speaking world. But gray is more common in American English, while grey is more common in all the other main varieties of English. In the U.K., for instance, grey appears about twenty times for every instance of gray. In the U.S. the ratio is reversed.

 

http://grammarist.com/spelling/gray-grey/

 

4 hours ago, Boiler said:

English English

There is no such thing as English English unless you refer to English from England. And in that case, "gray" is the correct spelling and not "grey". 

 

 

 

[Wuozopo 4,293]

7 hours ago, troika said:

I will be paid into my the UK account.

 

Makes no difference if paid in UK bank account. Once you live in the US, any income earned is reportable to the IRS and not HMRC. So yet another grey area. Oh the the mental debate on do I tell USCIS I am still employed on my AOS form? Do I tell the IRS about the money earned in the interim? Not that I think either would notice what you do.

[Unidentified 2,930]

7 hours ago, Coco8 said:

No problem. If you are bored while waiting for the EAD you can find some free courses to take or you can volunteer somewhere. Or, if you get a job offer, you can expedite the EAD (you need to send USCIS the written job offer).

 

Take into account that people have been waiting 90-120 days for their EAD.

 

 

Actually you can't even volunteer, that is considered work too especially if you get any form of compensation even if it's not money. Even if it's just free lunch or whatever, you're getting something in exchange. 

 

I applied for a volunteer gig at an airport and they flat out said no when I said I was waiting for my EAD and I have seen others here say that volunteering is a nope when you don't have your EAD. 

[Ontarkie 14,279]

Yes you can work remotely for your UK company. There are many threads on here and at the AOS interview they had no issues at all. 

 

The EAD is needed for a company in the US because without it you would be taking a job away from someone legally allowed to work.

[Peot 161]

A thread I recently made on this gave rise to a very very heated debate. This is what I took away from it in the end:

1. It is not for a US employer. Your foreign employer is NOT required to get an EAD (like an American employer is), and they will NOT accept it. Your foreign employer does NOT follow US laws.
2. There is nothing in the visa process that states that you must give up existing employment, sell assets, cancel investments. No, investments are not "work" technically, but they are still a source of income, and it would be completely insane for someone to expect you to stop earning on those (cancel) when moving to the United States since it stays in that other country, is paid out in foreign funds, and is deposited in a UK bank account with no affect on the US economy. The remote work is the same in that it stays in the other country, is paid out in foreign funds, and is deposited in a UK bank account with no affect on the US economy.
3. The only grey area I see is that any unauthorized work is FORGIVEN at the time of AOS, just like your eventual overstay is while waiting for AOS. Technically even unauthorized employment done in the US is forgiven at this time, and I think this is the big grey area for people. When you are displacing an American job or working for an American company, they are required BY LAW to seek an EAD from you. If they didn't do that and they are caught, they won't be forgiven like a foreign employer. Since this isn't the case, your employer is fine.

As a side note regarding taxes, because this also often comes up when it comes to foreign earnings at this time:

1. You must still file UK tax returns. This includes all income earned up to the point of entry (POE). This goes on a normal yearly return and can include all regular deductions, etc..
2. You must still file US tax returns on ALL (world-wide) income earned the moment you enter the US. You MUST declare foreign income earned, including the income earned through this remote job!
3. Because the UK and the US have a tax treaty to prevent double taxation, you will not have to include any income earned while in the US on the remainder of your UK tax return.