Working in the US before having an EAD

[Maleman 5]

Sometimes I cannot believe what I’m reading out here on this forum. Time and time again I see people asking questions on how to get away with fraud! Once you decided to wager your chances of bypassing the U.S. immigration laws, you are also gambling with the welfare of the person you love. Yes, I understand the hardships that we endure during this process. However, I for one I’m not willing to jeopardize a lifetime with a person I so dearly love. Waiting on an average of 77 days, plus or minus a few more days for most, for an EAD approval is a minuscule price to pay whether wrong or right! While I do not agree with every requirement specified by the USCIS, I have not and would never intentionally manipulate and attempt to blatantly break the law. If I was a CO and discovered that anyone had cheated the system during this brief period, I would wonder then what their intent was for entering the U.S. as a potential permanent resident. This practice might imply that the safeguarding of the relationship is not the most important aspect. In summary, I recommend sticking to the rules and never break the law no matter how minor you may consider the offense!

[Krikit 1,165]

It is not fraud to work for a non-US employer.

[Y&E 12]

I was thinking the same thing when I came over. The way that I saw it was, if my UK employer employed me as a freelancer and paid into my UK account then it had nothing to do with the US gov as I would still be paying taxes in the UK. That didn't happen btw because they made some lame excuse about the time difference.

Maybe if you work for UK clients and are paid into your UK account then you could keep on working? US / UK have a double tax agreement so there'd be no tax implications and it wouldn't be fraud. And, you might be one of the lucky ones who gets transfered to CSC and doesn't have an interview. But if you did, as Just Bob said, you'd just explain what you'd done to the interviewer.

Good luck with your move.

[HeatDeath 430]

Working remotely for British clients, being paid in British currency to a British account is fine. Without an EAD you aren't allowed to work for an American employer, but continuing to work remotely for British employers is fine.

Your situation is basically the same as if you had entered the US on a tourist visa. No one would care if you did the odd piece of work for a British employer while here on vacation. Just like Japan doesn't care if I fly over there and attend business meetings. I'm working for an American employer, being paid in US dollars to a US account, so Japan doesn't care if I happen to do employment-related activities while I'm over there. If I was working for a Japanese employer, being paid Japanese currency to a Japanese account, then they'd be irritated if I didn't have a Japanese work visa.

Similarly, it's just working for an American employer [or "volunteering" with the understanding of getting paid later] that's not allowed. If you are working for a foreign employer, being paid in foreign currency to a foreign account, that's perfectly fine.

The above posters are correct though, you will need to declare any such income on your taxes. The US taxes your worldwide income, regardless of where it was earned. They provide forms that allow you to exclude foreign income or deduct some of the foreign taxes you've already paid, to try to prevent you from being double-taxed [by both the US and UK] too much, but you still end up being double-taxed a little.

[jpidgley 9]

Sometimes I cannot believe what I’m reading out here on this forum. Time and time again I see people asking questions on how to get away with fraud! Once you decided to wager your chances of bypassing the U.S. immigration laws, you are also gambling with the welfare of the person you love. Yes, I understand the hardships that we endure during this process. However, I for one I’m not willing to jeopardize a lifetime with a person I so dearly love. Waiting on an average of 77 days, plus or minus a few more days for most, for an EAD approval is a minuscule price to pay whether wrong or right! While I do not agree with every requirement specified by the USCIS, I have not and would never intentionally manipulate and attempt to blatantly break the law. If I was a CO and discovered that anyone had cheated the system during this brief period, I would wonder then what their intent was for entering the U.S. as a potential permanent resident. This practice might imply that the safeguarding of the relationship is not the most important aspect. In summary, I recommend sticking to the rules and never break the law no matter how minor you may consider the offense!

The whole reason i started this topic was so i didnt do anything illegal without knowing!

i think you need to calm down!

Without an EAD you aren't allowed to work for an American employer...

THAT is what i was trying to get at. is that the actual law? because if it is, and i work for myself, i'm not an american employer...no?

[HeatDeath 430]

Unfortunately, I don't know what the precise working of the law is. I am basing this off of reports from people here who have continued to work remotely for foreign employers during their AOS period, and have been told by the immigration officer at their AOS interview that that was not a problem. Multiple people have reported this, so I am quite confident about it, but I couldn't tell you the actual wording of the law that permits it.

It would probably be a good idea to frame your work as being freelance work for foreign employers, rather than self-employment. The distinction seems academic, but may actually matter.

[VanessaTony 3,567]

THAT is what i was trying to get at. is that the actual law? because if it is, and i work for myself, i'm not an american employer...no?

Well if you wanna get technical, you are a contractor and your employer would be whoever you do work for. If you did work for your next-door neighbour for example, he is temporarily your employer.. employing you to do work for him so you WOULD be working for a US employer.

For example a friend of mine used to work for a secretary agency (lets call it X). She was employed by the company but worked for different companies (I'll call them Y) helping out when people went on maternity leave etc and was only paid when she actually worked. Technically she was never employed by the Y companies, her X company was employed by Y and she was the person sent to do the work. She could have continued to do work IN the US because the X company wasn't a US based company but she was working for US clients who would pay her foreign employer who would in turn pay her. This is perfectly legal.

Unfortunately being self-employed means you're out searching for people to do work for and those people would employ your services making them your employer... so no. Unfortunately don't think that could work. Sorry!

[jpidgley 9]

Well if you wanna get technical, you are a contractor and your employer would be whoever you do work for. If you did work for your next-door neighbour for example, he is temporarily your employer.. employing you to do work for him so you WOULD be working for a US employer.

For example a friend of mine used to work for a secretary agency (lets call it X). She was employed by the company but worked for different companies (I'll call them Y) helping out when people went on maternity leave etc and was only paid when she actually worked. Technically she was never employed by the Y companies, her X company was employed by Y and she was the person sent to do the work. She could have continued to do work IN the US because the X company wasn't a US based company but she was working for US clients who would pay her foreign employer who would in turn pay her. This is perfectly legal.

Unfortunately being self-employed means you're out searching for people to do work for and those people would employ your services making them your employer... so no. Unfortunately don't think that could work. Sorry!

Thanks!

[Matt :) 1]

It does make sense... The U.S. wants to make sure you can be supported during this time period, that is why they want to make sure you are not a burden. It is the U.S.'s right to do whatever restrictions they desire for people entering the country, just like its the right of any other country to say who is allowed in, etc.