Authorization for working prior to receiving EAD and AOS

[rebeccajo 14]

Oh FFS.

It does not say for a US owned company.

It says service or labor performed by an employee for an employer within the United States.

Break down each word and apply the definitions from above. That's how reading the law works.

[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.

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.

Business owners are not necessarliy employees. income from a business is not employment. Owners are not volunteers and are not required to be paid in any way. They can even LOSE money! Employees cannot lose money for being employed.

Anyone can buy into or own a business in the US. they can open a business as "Jeff Smith Dba Visa Translators" and open a bank account to that affect. Clients write checks to "Visa Translators" and the checks are deposited in to the business account. Jeff Smith, then writes himself a check, repsresenting a return on his investment, a dividend, and deposits it in his joint account with his wife. Problem? His wife, legal co-owner of the business can do translations, paint pictures, polish her nails or anything she else wants. She is NOT being paid for work and no one can ever show she is. She is co-owner of a business, she is not an employee, she does not get wages or salary for work.

OR they can just leave the funds in the company account for later dispersal.

[Usui Takumi 1,562]

A foreign employer is not "in" the US. I'm pretty much done on this topic. Believe what you wish to believe, but the overwhelming opinion on this matter by those in this and similar threads as well as professionals in the field is that Foreign employment is legal.

Edited November 10, 2009 by Sousuke

[Gary and Alla 3,694]

And sorry, for whatever reason, maybe reading another response, I thought you were from Russia, but it isn't important. Substitute UK for Russia in my post.

[Usui Takumi 1,562]

And sorry, for whatever reason, maybe reading another response, I thought you were from Russia, but it isn't important. Substitute UK for Russia in my post.

The OP is from Russia. We are well past this issue and I was expressing the opinions of the professionals I have dealt with in the matter.

[rebeccajo 14]

And sorry, for whatever reason, maybe reading another response, I thought you were from Russia, but it isn't important. Substitute UK for Russia in my post.

The OP is from Russia. We are well past this issue and I was expressing the opinions of the professionals I have dealt with in the matter.

Then those professionals shouldn't mind pointing us to something specific which supports their contention.

Or you should. Since you are speaking on their behalf.

[Usui Takumi 1,562]

I have.

[rebeccajo 14]

A foreign employer is not "in" the US. I'm pretty much done on this topic. Believe what you wish to believe, but the overwhelming opinion on this matter by those in this and similar threads as well as professionals in the field is that Foreign employment is legal.

Gotcha. You believe what you wish to believe also.

I have.

You have not.

[Usui Takumi 1,562]

You only believe that I have not. (wow I feel like i'm in the matrix)

[rebeccajo 14]

You only believe that I have not. (wow I feel like i'm in the matrix)

You are in the matrix if you think it's within the Terms of Service of this website to twist the CFR to your interpretation.

[Usui Takumi 1,562]

Now this is a Terms of Service issue because you had trouble defending your point of view. Classic. Edited November 10, 2009 by Sousuke

[rebeccajo 14]

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.

Business owners are not necessarliy employees. income from a business is not employment. Owners are not volunteers and are not required to be paid in any way. They can even LOSE money! Employees cannot lose money for being employed.

Anyone can buy into or own a business in the US. they can open a business as "Jeff Smith Dba Visa Translators" and open a bank account to that affect. Clients write checks to "Visa Translators" and the checks are deposited in to the business account. Jeff Smith, then writes himself a check, repsresenting a return on his investment, a dividend, and deposits it in his joint account with his wife. Problem? His wife, legal co-owner of the business can do translations, paint pictures, polish her nails or anything she else wants. She is NOT being paid for work and no one can ever show she is. She is co-owner of a business, she is not an employee, she does not get wages or salary for work.

OR they can just leave the funds in the company account for later dispersal.

Wrong again.

( b ) The term entity means any legal entity, including but not limited to, a corporation, partnership, joint venture, governmental body, agency, proprietorship, or association;

( c ) The term hire means the actual commencement of employment of an employee for wages or other remuneration. For purposes of section 274A(a)(4) of the Act and §274a.5 of this part, a hire occurs when a person or entity uses a contract, subcontract or exchange entered into, renegotiated or extended after November 6, 1986, to obtain the labor of an alien in the United States, knowing that the alien is an unauthorized alien;

Now this is a Terms of Service issue because you had trouble defending your point of view. Classic.

I had no trouble at all.

Edited November 10, 2009 by rebeccajo

[Usui Takumi 1,562]

Now this is a Terms of Service issue because you had trouble defending your point of view. Classic.

I had no trouble at all.

Self Denial on your part is as bad as lying and to lie about immigration policy on this forum is a violation of the terms of service. (i'm not saying your in violation of the TOS... its a joke. I am not going to do something that silly and stupid.)

In the past I've admitted when I'm wrong, I can't say the same about you RJ. The fact of the matter is you never addressed my previous comment Regarding section h. as to how a Foreign Employer is within the US.

I'm not trying to get personal on this, but I have a track record of admitting when I'm wrong...you do not. Therefore I'm not expecting you to change your mind.

Edited November 10, 2009 by Sousuke

[payxibka 10,047]

Business owners are not necessarliy employees. True

income from a business is not employment. unless you are a sole proprietor then it is

Owners are not volunteers and are not required to be paid in any way. Be careful here... in certain situations you can be deemed an employee and the IRS will impute a salary

They can even LOSE money! Employees cannot lose money for being employed. True

Anyone can buy into or own a business in the US. they can open a business as "Jeff Smith Dba Visa Translators" and open a bank account to that affect. Clients write checks to "Visa Translators" and the checks are deposited in to the business account. Jeff Smith, then writes himself a check, repsresenting a return on his investment, Only to the extent of his investment... in addition loans to "owners" get extra special scrutiny by the IRS and can have some of these payments re-characterized as earned income.

Edited November 10, 2009 by payxibka

[rebeccajo 14]

Now this is a Terms of Service issue because you had trouble defending your point of view. Classic.

I had no trouble at all.

Self Denial on your part is as bad as lying and to lie about immigration policy on this forum is a violation of the terms of service. (i'm not saying your in violation of the TOS... its a joke. I am not going to do something that silly and stupid.)

In the past I've admitted when I'm wrong, I can't say the same about you RJ. The fact of the matter is you never addressed my previous comment Regarding section h. as to how a Foreign Employer is within the US.

I'm not trying to get personal on this, but I have a track record of admitting when I'm wrong...you do not. Therefore I'm not expecting you to change your mind.

It's not personal with me either. And I'm happy to admit when I am wrong - when I am.

What I am saying to you is it does not matter where the employer is - foreign or domestic. What matters is where the work is performed. The word 'performance' is used repeatedly throughout this section of the code. I dunno, perhaps you need to apply commas here and there to increase your reading comprehension.

Edited November 10, 2009 by rebeccajo