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AriadnaM

Can I Work from Home for a Foreign Employer?

By AriadnaM in Working & Traveling During US Immigration

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AriadnaM Newbie

AriadnaM   0

Posted
Filed: AOS (pnd) Country: Colombia
 Timeline
Posted

Hello!

 

I am currently in the US awaiting for my AOS (married based), the company I used to work for back in Colombia has offered me to work for them remotely for 4 months (covering someones maternity leave). is this legal??considering that they wont pay me in USD in USA, they will pay me in my Colombian account in Colombian pesos, and I wouldn't really get that money, it would be for my family that is in Colombia. 

 

thank you for your help!

 

 

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onek Proficient

onek   306

Posted
Filed: IR-5 Timeline
Posted
26 minutes ago, AriadnaM said:

Hello!

 

I am currently in the US awaiting for my AOS (married based), the company I used to work for back in Colombia has offered me to work for them remotely for 4 months (covering someones maternity leave). is this legal??considering that they wont pay me in USD in USA, they will pay me in my Colombian account in Colombian pesos, and I wouldn't really get that money, it would be for my family that is in Colombia. 

 

thank you for your help!

 

 

As long as you are going to claim it as your income with IRS, nothing illegal with that.

04/21/20: IR-5 Submitted Online 

04/21/20: NOA1 Issued online

04/27/20: NOA1 Received via postal mail from Texas Service Center

04/27/20: Touched

04/28/20: Case Transferred to California Service Center

05/14/20: Touched 

05/15/20: Touched 

07/01/20: Touched

07/06/20: Touched 

07/06/20: RFE Issued (not available online)

07/16/20: RFE Received in Mail

07/20/20: DNA Done in USA

08/09/20: RFE Partial Response Submitted Online

08/26/20: RFE Partial Response Submitted via mail

09/01/20: Touched

10/28/21: DNA test results Received by USCIS

11/12/21: NOA2

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TBoneTX Grand Master

TBoneTX   43,550

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from Off Topic to the Working & Traveling forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Ayrton Proficient

Ayrton   965

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
Posted (edited)
17 hours ago, AriadnaM said:

Hello!

 

I am currently in the US awaiting for my AOS (married based), the company I used to work for back in Colombia has offered me to work for them remotely for 4 months (covering someones maternity leave). is this legal??considering that they wont pay me in USD in USA, they will pay me in my Colombian account in Colombian pesos, and I wouldn't really get that money, it would be for my family that is in Colombia. 

 

thank you for your help!

 

 

Do you have EAD? You can't work in the US without an EAD/green card. It doesn't matter where the company is. But in the link below, it says that if you're not spending the money in the US, you could be fine.

 

I wouldn't risk it. Even though you're not spending the money here, you still need to declare your worldwide income.

 

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

Edited by Ayrton
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