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marnold

Working for home country whilst in the states without EAD?

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Hi all,

 

Currently waiting for our NOA2 to come through, probably early next year.

 

I am currently self employed with a UK Registered Ltd Company - I just wondered on what the legality of continuing to work for my company whilst I'm over in the states in the time between getting the approved VISA, marrying and waiting for the EAD to come through. I'm being paid by UK entities into a UK bank account.

 

Thanks!

Matt

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Sounds like that "gray area".......probably OK if no US citizen or legal resident who is authorized to work would be affected......imo.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

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Also curious about this topic.

I've noticed a lot of people tend to post about the money "going into a non USA bank" when talking about this topic. 

Is that because of how it might affect taxes, or is it mostly about following a philosophy of 'if the job doesn't affect U.S. workers, and the money doesn't flow into a U.S. bank, then USCIS has no reason to care about it.' 
Although I guess even if the money is going into a non-US bank, if it's income I assume you still have to report/pay taxes on it.

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I had assumed that once the visa has been approved that any income that I make whilst working on US soil, I would then be counting for tax reporting purposes.

The only reason I had asked is as I was wondering if it falls under the rules that I am not allowed to be employed without an EAD.

 

I'm unsure if the EAD only specifies US Employers or if any international employment falls under that too.

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11 minutes ago, mc962 said:

Is that because of how it might affect taxes,

Any US citizen or resident is required to report all world wide income regardless of where it is earned or stored.

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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1 hour ago, marnold said:

Hi all,

 

Currently waiting for our NOA2 to come through, probably early next year.

 

I am currently self employed with a UK Registered Ltd Company - I just wondered on what the legality of continuing to work for my company whilst I'm over in the states in the time between getting the approved VISA, marrying and waiting for the EAD to come through. I'm being paid by UK entities into a UK bank account.

 

Thanks!

Matt

There is no immigration "rule"or "law" that clearly spells it out. You will only find opinions and justifications for one way or the other. Do whatever you feel comfortable doing.

 

When you reach the US, your income is taxed by the US, no matter where your earn it or where it is deposited.  Your questions should be focused on the IRS rules which are pretty specific for just about any scenario. 

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