Remote job from home country while adjusting status

[Andres TG 2]

Hi everyone,

 

I'm currently in the US working remotely with my company based in Mexico and getting paid in Mexico (My employer allowed this). I came in to the US on a K1 visa, got married and about to file my AOS.

On part 3 of the I-485 Form on Employment History should I list my current job in Mexico? is it not allowed? 

[Crazy Cat 39,261]

Yes, you must list it....even if it is unauthorized.

Your employer cannot authorize you to work inside the US. 

Edited October 16, 2021 by Crazy Cat

[JeanneAdil 6,202]

sorry but no Mexican company has the authorization to allow this without applying for a work visa for u

and u need EAD and SS #

you have to report it as leaving it off is a misrepresentation on your form

and u will need to file and pay US taxes 

[aaron2020 11,651]

2 hours ago, Andres TG said:

Hi everyone,

 

I'm currently in the US working remotely with my company based in Mexico and getting paid in Mexico (My employer allowed this). I came in to the US on a K1 visa, got married and about to file my AOS.

On part 3 of the I-485 Form on Employment History should I list my current job in Mexico? is it not allowed? 

You are not authorized to work in the US until you get your EAD.

 

It doesn't matter if your employer allows it, US law does not allow you to work in any capacity.

 

Even though you are working in the US without authorization, you must list your employment history truthfully.  You will not be penalize in any way for telling the truth.  Lying on the other hand can get you in trouble.  

[Adventine 3,187]

While I was doing AOS, I also teleworked briefly for an employer based in my home country, and also had my salary deposited in a foreign bank account. The difference being, I only teleworked my two week notice period before completely leaving that employer. I disclosed this on the AOS forms and did not have a problem.

Edited October 16, 2021 by Adventine

[SalishSea 16,774]

On 10/16/2021 at 7:33 AM, Andres TG said:

Hi everyone,

 

I'm currently in the US working remotely with my company based in Mexico and getting paid in Mexico (My employer allowed this). I came in to the US on a K1 visa, got married and about to file my AOS.

On part 3 of the I-485 Form on Employment History should I list my current job in Mexico? is it not allowed? 

You need an EAD in order to legally work within the US, even remotely for a foreign employer.

 

It is one of the primary drawbacks of choosing a K-1 over CR-1.

[Andres TG 2]

On 10/16/2021 at 10:00 AM, JeanneAdil said:

sorry but no Mexican company has the authorization to allow this without applying for a work visa for u

and u need EAD and SS #

you have to report it as leaving it off is a misrepresentation on your form

and u will need to file and pay US taxes 

I haven't filed my form, this is why I'm asking

[Andres TG 2]

On 10/16/2021 at 9:44 AM, Crazy Cat said:

Yes, you must list it....even if it is unauthorized.

Your employer cannot authorize you to work inside the US. 

Ok great, thanks for the help!

[Andres TG 2]

8 hours ago, Jorgedig said:

You need an EAD in order to legally work within the US, even remotely for a foreign employer.

 

It is one of the primary drawbacks of choosing a K-1 over CR-1.

Ok thanks for the info!

On 10/16/2021 at 1:34 PM, Adventine said:

While I was doing AOS, I also teleworked briefly for an employer based in my home country, and also had my salary deposited in a foreign bank account. The difference being, I only teleworked my two week notice period before completely leaving that employer. I disclosed this on the AOS forms and did not have a problem.

Ok thank you for the info!

[Carlos&Gen 37]

Your company may not care, the US do care. You cannot work in the US for anyone without work permit, visa, greencard...not even remote work for a foreign company which pays you in México. 

[millefleur 5,035]

**One post removed for TOS violation. Reminder that it is against the Terms of Service to tell others not to post/use the forum.**

 

VJ Moderation

[Peot 128]

Apply and receive your EAD because this is the requirement - but note that it holds no value, nobody will ask for it, and even if you don't have it, it won't impact your status.

 

Technically, employment remotely (distributed) is not allowed, and everyone will tell you this, however this has never made much sense to me and I can't find much logic in requiring the EAD for a spousal visa when you are employed by a foreign company.

 

1. If it's a foreign company based in a foreign country, they will not have an authorized "E-verify" company ID. The US govt will not have any way to reference this company or determine its legitimacy.

2. When you receive your EAD, you will have no reason to hold it. There will be no existing entity to present it to. If you present your EAD to your foreign company, they will have no use for it and no way to process it.

3. Thinking broadly, the purpose of an EAD is to protect American jobs. You are not taking away an American job by maintaining your position at a foreign company.

3.5 As this job is remote, there is no American-based address for this company that you are attending. You work from home. There's no way for the US government to determine if you are going to work or not. Again, you are not filling the shoes of an American worker.

4. After receiving the EAD, no future application within the process of adjusting status or naturalization will ever reference it or require it.

 

Requiring an EAD for foreign work is complete nonsense.

 

I was in the same boat, and got an EAD though I was working for a foreign company. They didn't want to see it, and I never once had to present it to anyone. No bank or lender knew what it was or wanted it. By the time anyone cared about my employment status, I had a full green card and began work for an American company. It made me feel the entire process of waiting for an EAD was pointless, and costly. You essentially have to quit your job to wait a few months for a card nobody in your country will want.

 

This would be very different if I were working for a US company, or if I had been applying for a different type of visa, especially work-based, but I just don't see the point when it comes to K1 EADs.

[Ontarkie 13,917]

~~MOved to Working and Traveling from AOS FAmily - as the OP is asking about working during the process~~

[Chancy 6,233]

1 hour ago, Peot said:

I can't find much logic in requiring the EAD for a spousal visa when you are employed by a foreign company.

 

I'm sure you meant K1 visa, but just to be clear -- EAD is not required for people who enter on a spouse visa (CR1/IR1).

 

[Ayrton 965]

4 hours ago, Peot said:

Apply and receive your EAD because this is the requirement - but note that it holds no value, nobody will ask for it, and even if you don't have it, it won't impact your status.

 

Technically, employment remotely (distributed) is not allowed, and everyone will tell you this, however this has never made much sense to me and I can't find much logic in requiring the EAD for a spousal visa when you are employed by a foreign company.

 

1. If it's a foreign company based in a foreign country, they will not have an authorized "E-verify" company ID. The US govt will not have any way to reference this company or determine its legitimacy.

2. When you receive your EAD, you will have no reason to hold it. There will be no existing entity to present it to. If you present your EAD to your foreign company, they will have no use for it and no way to process it.

3. Thinking broadly, the purpose of an EAD is to protect American jobs. You are not taking away an American job by maintaining your position at a foreign company.

3.5 As this job is remote, there is no American-based address for this company that you are attending. You work from home. There's no way for the US government to determine if you are going to work or not. Again, you are not filling the shoes of an American worker.

4. After receiving the EAD, no future application within the process of adjusting status or naturalization will ever reference it or require it.

 

Requiring an EAD for foreign work is complete nonsense.

 

I was in the same boat, and got an EAD though I was working for a foreign company. They didn't want to see it, and I never once had to present it to anyone. No bank or lender knew what it was or wanted it. By the time anyone cared about my employment status, I had a full green card and began work for an American company. It made me feel the entire process of waiting for an EAD was pointless, and costly. You essentially have to quit your job to wait a few months for a card nobody in your country will want.

 

This would be very different if I were working for a US company, or if I had been applying for a different type of visa, especially work-based, but I just don't see the point when it comes to K1 EADs.

I don't think you realize that the problem isn't if you're gonna get your Greencard or not after doing unauthorized work. You will get your Greencard, there's no questions about that, because unauthorized work is forgiven for spouses of USC applying for adjustment of status. But this doesn't mean that the work you're doing is authorized and legal. And there might be other consequences for it.

 

Immigration is only one leg of the "US government". Taxes are another one. Foreign entities that employs a US person, which you were, is supposed to get an EIN and send all your information to IRS. Depending on the country, they are even supposed to collect social security and medicare.

 

So remember, even though immigration doesn't care about your unauthorized work for a foreign company, other US entities might come to haunt you later on.