Can I continue working remotely while waiting for an EAD?

[NorthByNorthwest 216]

I was in this exact situation, was working for company X outside the US, already had an offer to move my position within the company to the US. The company could have got me an L1 visa to start working pretty much right away, but I stuck with K1 + AOS to get a green card sooner. This was before COVID though, but I still had to wait 6 months for my EAD. The company probably could have kept paying me in the old country, but I did not want to take that risk with my US status, plus it would have complicated my tax status in the old country and kept me on the hook for paying health insurance that I still could not use.

With the uncertain timelines in place now I would have gone with the L1 instead, though that's obviously not an option for a lot of folks.

[JMLaw 38]

For what it's worth when me and my wife went through that the lawyer we consulted with basically said that there's no real reason it should be a problem, but yes in the end it's gray because it's not specifically defined and the immigration process is based on the discretion of the agents assigned to your case

[HRQX 4,145]

24 minutes ago, JMLaw said:

basically said that there's no real reason it should be a problem,

The lawyer is probably referring to the Policy Manual section saying that the relevant bar to adjustment is not applicable to Immediate Relatives (as defined in the INA); see 7 USCIS-PM B.8(B): https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Edited February 15, 2021 by HRQX

[April M 28]

On 2/13/2021 at 6:48 PM, LittleLune said:

Once I receive my K-1 visa, I plan to move to the US as soon as possible, get married and file for AOS along with an EAD. However, if I have a job with a non-US company that has me working remotely and I can continue to do so after relocating, would it be legal to do so during the period that I'm waiting for an EAD, since it doesn't involve a US company and I could presumably still be paid in my account back home? The job in question wouldn't allow me to take a leave of absence while awaiting the EAD, given the long expected processing times and the uncertainty about exactly how long it would take.

I would like to know how to work remotely. 

[jess.y 66]

On 2/14/2021 at 8:40 AM, JeanneAdil said:

Even a person on a work permit in the USA has to file US tax returns on the income as you would have to do this

so, tecnically ,  this is income earned in US and must be reported on tax returns which you and spouse will show for AOS

Best not to start your residence here by trying to skirt the rules /work is work  and getting paid is earned money

Hi, can you explain how the US would ask you to report income if you made money from another country in another currency?

I've struggled with understanding how all this works, and no while I do not plan on continuing remote working in the US, I am very curious because it was something I wanted to do initially. Thank you! 

[HRQX 4,145]

6 minutes ago, jess.y said:

Hi, can you explain how the US would ask you to report income if you made money from another country in another currency?

https://www.nolo.com/legal-encyclopedia/how-i-value-foreign-income-us-tax-purposes.html "you must convert any foreign currency you earn into U.S. dollar equivalents. Most people use the yearly average exchange rate between the U.S. dollar and the foreign currency they receive to calculate this. The IRS lists a few yearly exchange rates on the Yearly Average Currency Exchange Rates Translating Foreign Currency into U.S. Dollars page of its website."

 

IRS always wants worldwide income to be reported.

[April M 28]

7 hours ago, jess.y said:

Hi, can you explain how the US would ask you to report income if you made money from another country in another currency?

I've struggled with understanding how all this works, and no while I do not plan on continuing remote working in the US, I am very curious because it was something I wanted to do initially. Thank you! 

I am very interested in the answer to this question. 

[Sparkey 17]

On 2/13/2021 at 7:49 PM, LittleLune said:

Well, I'm already at the "waiting for an interview" stage, so it seems a little late to start over on another track now.

I'm in the EXACT same boat as you. We filed the K1 and are waiting for the interview appointment. But I currently have a job that allows me to work from home (Canada). 

It sounds crazy and it would suck to start all over, but we are actually considering changing the the CR1. The AOS process seems totally ridiculous and having to pay again to renew an EAP if your don't get the GC within a year is just nonsense. 

[HRQX 4,145]

1 minute ago, Sparkey said:

and having to pay again to renew an EAP if your don't get the GC within a year is just nonsense. 

Where did you read that? If full I-485 fee is paid then the initial, renewal, and replacement applications for EAD/AP are free. See I-485 instructions; 8 CFR § 106.2(a)(32); 8 CFR § 106.2(a)(7); and the preliminary injunction in Immigration Legal Resource Center v. Wolf case.

 

https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf

Filing Form I-485 with Forms I-765 and I-131
If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485.

[Sparkey 17]

4 minutes ago, HRQX said:

Where did you read that? If full I-485 fee is paid then the initial, renewal, and replacement applications for EAD/AP are free. See I-485 instructions; 8 CFR § 106.2(a)(32); 8 CFR § 106.2(a)(7); and the preliminary injunction in Immigration Legal Resource Center v. Wolf case.

 

https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf

Filing Form I-485 with Forms I-765 and I-131
If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485.

Prior to Oct 2020, the EAD and AP were all included in the 485 if all were filed together. 

Now, there is a fee to file EAP and AP on top of the 485 fee. I was advised that in order to renew, I would have to pay those fees again. 

Hopefully that's incorrect.

[HRQX 4,145]

16 minutes ago, Sparkey said:

Prior to Oct 2020, the EAD and AP were all included in the 485 if all were filed together.

That is still the case now. Read the relevant preliminary injunction I mentioned above: https://www.nafsa.org/sites/default/files/media/document/preliminjonfeerule2020.pdf On September 29, 2020, the U.S. District Court for the Northern District of California issued the nationwide preliminary injunction and stay on implementation of the 2020 final USCIS fee rule in its entirety. New fees and form versions associated with that rule that were to be required on October 2, 2020, as well as all other aspects of the rule, are now on hold while the injunction is in place. The court ordered:

1. "Pursuant to 5 U.S.C. section 705 the Court STAYS implementation and the effective date of of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (the "Final Rule") in its entirety pending final adjudication of this matter.
2. Pursuant to Federal Rule of Civil Procedure 65, Defendants Wolf, in his official capacity under the title of Acting Secretary of DHS; Cuccinelli, in his official capacity under the title of Senior Official Performing the Duties of the Deputy Secretary of DHS; DHS; and USCIS, and all persons acting under their direction, ARE ENJOINED from implementing or enforcing the Final Rule or any portion thereof.
3. This preliminary injunction and stay shall take effect immediately and shall remain in effect pending trial in this action or further of this Court."

Edited February 17, 2021 by HRQX

[Sparkey 17]

15 minutes ago, HRQX said:

That is still the case now. Read the relevant preliminary injunction I mentioned above: https://www.nafsa.org/sites/default/files/media/document/preliminjonfeerule2020.pdf On September 29, 2020, the U.S. District Court for the Northern District of California issued the nationwide preliminary injunction and stay on implementation of the 2020 final USCIS fee rule in its entirety. New fees and form versions associated with that rule that were to be required on October 2, 2020, as well as all other aspects of the rule, are now on hold while the injunction is in place. The court ordered:

1. "Pursuant to 5 U.S.C. section 705 the Court STAYS implementation and the effective date of of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (the "Final Rule") in its entirety pending final adjudication of this matter.
2. Pursuant to Federal Rule of Civil Procedure 65, Defendants Wolf, in his official capacity under the title of Acting Secretary of DHS; Cuccinelli, in his official capacity under the title of Senior Official Performing the Duties of the Deputy Secretary of DHS; DHS; and USCIS, and all persons acting under their direction, ARE ENJOINED from implementing or enforcing the Final Rule or any portion thereof.
3. This preliminary injunction and stay shall take effect immediately and shall remain in effect pending trial in this action or further of this Court."

 

[Sparkey 17]

Just now, Sparkey said:

 

Based on the info on the USCIS site, I still need to pay for EAD and AP since its after Oct 2, 2020

[HRQX 4,145]

4 minutes ago, Sparkey said:

Based on the info on the USCIS site, I still need to pay for EAD and AP since its after Oct 2, 2020

That info on uscis.gov is not legally (nor practically) accurate since the aforementioned PI and stay are still in place. There have been many October through February AOS applicants that filed I-485, I-765, and I-131 successfully and only paid the $1225 I-485 fees. I.e. no fees paid for I-765 and I-131.

Edited February 17, 2021 by HRQX

[HRQX 4,145]

On 2/17/2021 at 1:03 PM, Sparkey said:

Based on the info on the USCIS site

Here is an October 23 filer that only paid the $1225 I-485 fee when filing the 3 forms:

 

Here is a January 12 filer that only paid the $1225 I-485 fee when filing the 3 forms:

 

Use the USCIS fee calculator: https://www.uscis.gov/feecalculator For I-765 and I-131 select "Yes" to both "Did you file your pending I-485 on or after July 30, 2007?" and "Did you pay the I-485 required application fee?"

 

I-485: $1225

I-765: $0

I-131: $0

Edited February 20, 2021 by HRQX