Authorization for working prior to receiving EAD and AOS

[Jeffyscookie 0]

Hello, everybody:

I came to America on October 6 and got married on October 9. I still didn't apply for the AOS and the employment authorization.

My question is: am I allowed to work as a freelance translator (not being employed with any employer but working from my home online) so that my husband would pay the taxes on the income I'd make (before the adjustment of status and receiving the employment authorization)?

I've got already my Social Security card and it says that it is "valid for work only with DHS authorization".

Thank you very much in advance.

[Stephen + Elisha 92]

moving to Working and Traveling Prior to Getting a Green Card forum

[Chica Yeyé 41]

Hello, everybody:

I came to America on October 6 and got married on October 9. I still didn't apply for the AOS and the employment authorization.

My question is: am I allowed to work as a freelance translator (not being employed with any employer but working from my home online) so that my husband would pay the taxes on the income I'd make (before the adjustment of status and receiving the employment authorization)?

I've got already my Social Security card and it says that it is "valid for work only with DHS authorization".

Thank you very much in advance.

That means no, since you do not have the EAD yet.

[juliava 80]

I agree with Len.

The answer is NO, unfortunately.

[Gary and Alla 3,694]

Hello, everybody:

I came to America on October 6 and got married on October 9. I still didn't apply for the AOS and the employment authorization.

My question is: am I allowed to work as a freelance translator (not being employed with any employer but working from my home online) so that my husband would pay the taxes on the income I'd make (before the adjustment of status and receiving the employment authorization)?

I've got already my Social Security card and it says that it is "valid for work only with DHS authorization".

Thank you very much in advance.

the answer is NO, and YES. It depends how you do it. I recently addressed just this exact question with a offical of the USCIS. You CANNOT work in the USA until you have an EAD or Green Card. Period! However if you previously had a foreign job in Russia, as a translator or whatever, and you continue that job working for a Russian employer, paid in Russian currency to a Russian bank account...then YES, they will consider that employment in Russia...not the USA. You can do this even if it is a new job for a Russian employer.

There is one other way. Create a business (which you CAN do) even a partnership with your husband, Payments are made to the the business NOT to you. Your husband can withdraw or transfer funds from the business. You can VOLUNTEER to work for the business.

[SunDrop 59]

There is one other way. Create a business (which you CAN do) even a partnership with your husband, Payments are made to the the business NOT to you. Your husband can withdraw or transfer funds from the business. You can VOLUNTEER to work for the business.

Oooh, I had wondered about this. Do you have any reference material online you can point me towards to prove this? As we well know, what is fact and what is understood by involved agencies are often 2 separate cases!

Would you, as a volunteer, need to complete some kind of statement that you are only acting in a voluntary capacity and are there limits to the number of hours/ tasks that a volunteer can carry out?

Also, can the fund withdrawal from the business be paid by your husband into a joint account, or should it be cash for 'simplicity's sake'?

TIA, I'm very excited by this news! lol..

[Usui Takumi 1,562]

Hello, everybody:

I came to America on October 6 and got married on October 9. I still didn't apply for the AOS and the employment authorization.

My question is: am I allowed to work as a freelance translator (not being employed with any employer but working from my home online) so that my husband would pay the taxes on the income I'd make (before the adjustment of status and receiving the employment authorization)?

I've got already my Social Security card and it says that it is "valid for work only with DHS authorization".

Thank you very much in advance.

the answer is NO, and YES. It depends how you do it. I recently addressed just this exact question with a offical of the USCIS. You CANNOT work in the USA until you have an EAD or Green Card. Period! However if you previously had a foreign job in Russia, as a translator or whatever, and you continue that job working for a Russian employer, paid in Russian currency to a Russian bank account...then YES, they will consider that employment in Russia...not the USA. You can do this even if it is a new job for a Russian employer.

There is one other way. Create a business (which you CAN do) even a partnership with your husband, Payments are made to the the business NOT to you. Your husband can withdraw or transfer funds from the business. You can VOLUNTEER to work for the business.

Thanks Gary, I have been mentioning this...well probably for a year, and I have always had one or two naysayers post after me. With a Director saying its okay maybe it will stop.

Edited November 6, 2009 by Sousuke

[Jeffyscookie 0]

Alla, thank you so much for this useful information.

I wasn't employed in Russia but I was acting as an individual entrepreneur. I still have clients in Russia and in Czechoslovakia. I am registered with their systems but I can't pretend being their employee:)

Will it work for me?

So, if the most important thing is not to receive payments in the US while I don't have the EAD, I could do my work but get paid in 3 or 4 months (after receiving my EAD). Do you think it will be considered as legal?

I'll discuss the second variant of creating a business, thank you for this idea.

Your help is very appreciated.

Galina

[visacheck 3]

Hello, everybody:

I came to America on October 6 and got married on October 9. I still didn't apply for the AOS and the employment authorization.

My question is: am I allowed to work as a freelance translator (not being employed with any employer but working from my home online) so that my husband would pay the taxes on the income I'd make (before the adjustment of status and receiving the employment authorization)?

I've got already my Social Security card and it says that it is "valid for work only with DHS authorization".

Thank you very much in advance.

the answer is NO, and YES. It depends how you do it. I recently addressed just this exact question with a offical of the USCIS. You CANNOT work in the USA until you have an EAD or Green Card. Period! However if you previously had a foreign job in Russia, as a translator or whatever, and you continue that job working for a Russian employer, paid in Russian currency to a Russian bank account...then YES, they will consider that employment in Russia...not the USA. You can do this even if it is a new job for a Russian employer.

There is one other way. Create a business (which you CAN do) even a partnership with your husband, Payments are made to the the business NOT to you. Your husband can withdraw or transfer funds from the business. You can VOLUNTEER to work for the business.

Im confused. A K1 non immigrant visa holder can create a business with USC husband but should be working as a volunteer because she is not allowed to work or get paid for her services until she gets her EAD? Am I correct on this?

You are advising the OP to do volunteer work for the business and telling them that the husband can withdraw or transfer funds from the business. Wouldnt that also mean she is getting paid for her VOLUNTEER work?!

Wouldnt a business partner be considered as co-owner of the business? If she is a co-owner/business partner, payment to the business is payment to the owners.

Im not sure you can consider working for your own business a volunteer work because the company gets paid, the owner gets paid.

[Anh map 2,098]

From my understanding the "volunteer" dodge would not stand up. If a person is performing an activity that would normally generate a paycheck/payment for services then that would be considered work.

Think: Bill, Monica, & Blue dress.

[Usui Takumi 1,562]

I have to admit I think that the business option is grey because while there is nothing illegal about starting a business without EAD the requirements do say that no volunteer work may be done where personal gain is possible (ie. an unpaid internship in the hope of getting a job later).

The first option regarding a foreign employer is pretty black and white and legal.

Edited November 7, 2009 by Sousuke

[Otto 83]

The scenario Gary mentions is certainly doable - it's not something most folks should spend time/effort on if their intent isn't indeed to start a business. There's some grunt work to setting up a business and if you've never done it before, you'd probably have to ask someone for help, put some thought into something that actually makes money, blah blah snore.. certainly possible though...

You are not required to work in a business you own (I know business owners who rarely, if ever, set foot in their business').

[Usui Takumi 1,562]

Yes but unless you hire a manager and step away from the business almost entirely aren't you "volunteering for your personal benefit"? Quite frankly it takes months to get a business off the ground anyway so its not much of an issue because by the time the business gets any income you would have EAD anyway.

Edited November 7, 2009 by Sousuke

[visacheck 3]

The scenario Gary mentions is certainly doable - it's not something most folks should spend time/effort on if their intent isn't indeed to start a business. There's some grunt work to setting up a business and if you've never done it before, you'd probably have to ask someone for help, put some thought into something that actually makes money, blah blah snore.. certainly possible though...

You are not required to work in a business you own (I know business owners who rarely, if ever, set foot in their business').

True, but the OP is not asking about putting up a business. She is asking if she can work prior to EAD and AOS. The scenario gary mentioned might be doable but is not applicable to the OP.

Just a thought, assuming the OP is asking about putting up a business and lets say it only takes 3 days to complete everything and start the business. Even if she never sets foot and does not work in their business, wouldnt she still be earning from the business? Wouldnt that be a violation?

Could you give a situation in which the scenario given by gary is doable.

[Usui Takumi 1,562]

As long as the business is a separate taxable idenity then technically no it doesn't affect the owner.

I interned for a woman who's business was a hobby and never turned a profit. As far as I know she didn't even gave herself a salary.