'Working' in US with foreign based employment contract

[patana 0]

First off, let me just thank the Visa Journey community -- my fiancee (now spouse) and I have been lurking on this site for months and the information and advice that is available on this forum has been invaluable in our navigating the K-1 and AOS process. The information and advice available here surpass anything we have been able to find anywhere else.

We have come across an issue that we are not able to find an answer for in the existing forums ... hence the end to the lurking.

We married, filed for the AOS, EAD and AP in May and have completed the biometrics for the EAD.

No word on the EAD approval yet, but based on the timelines I guess we have about another month or so to wait for approval.

In the mean time, my spouse has received an offer to do some work locally for a foreign company, under a foreign work contract. Technically no transactions would occur in the US, and as I understand the foreign company and not the local company would be the employer.

Does anybody have any idea about the implications of this arrangement?

Thanks once again for all of the help you all have provided in the past and any insight you might be able to provide on this issue.

[YuAndDan 153]

It is between the employer and the US government, if the employer is NOT a US employer, then they dont need to file an I-9.

All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9. The list of acceptable documents has been amended in the 2007 version of the Form I-9 and can be found on page 4 of the forms.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

If they are a US based company, and are required to file I-9, then you need EAD or Green-Card in order to be employed.