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Alan_G_

EAD and working remotely

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Wondering if anyone can let me know if the below situation is allowed or not or a grey area. 

 

I have my own company (web design) and while I know I cant work for an employer in the US while waiting on my EAD but can i work on projects coming in through my company at home? I have seen posts online at people working freelance and on upwork etc but this is not my situation.

 

I have current clients who I do work for now and then making updates etc and obviously expect to have new clients in the coming months that will be looking for a web site etc. I havent decided yet long term  if I will get a 9-5 in the US or keep my business fully operational and work at it when in the US and eventually set it up there. 

 

To clarify, any client currently pays my company (an LLC company I believe you call it in the US) and then I draw a wage from the business. 

 

To my understanding there is a definite issue about my company working with any clients based in the US as they are getting the benefit of me doing work indirectly for their business - open to correction on this?

 

But does this also impact my ability to work with my existing clients at home and any new clients which would contact my company during this time?

 

Thanks

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There are two schools of thought on this matter. One is that you are considered to be working wherever your body is physically located whilst doing the work, regardless of who pays, where the client is located and where the end product is used. Makes sense as the money you earn will be spent here in the USA so it’s income earned in the USA. The other school of thought is that you are only working here if the employer is here and you are paid here. Unfortunately the rules were written before remote working was commonplace. 

 

I’m with the first school of thought - you are economically active here. You are certainly liable for taxation here as you are physically present here. Try explaining that when it comes to AOS and they see that someone who cannot legally work here has been reporting wages on a tax return. 

 

Is it worth it? What will you do about health insurance? You are gambling on exchange rates also. 

 

There is a much simpler option if you want to work here from beginning. 


 

 

 

 

 

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Exactly as above...there is no definitive ruling on this matter.

Getting married and doing a CR-1 visa removes any shroud of doubt since you are authorized to work immediately.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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~~Moved to Working and Traveling, from K1 P&P ~~


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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