Help! Important job related question!!

[Rotondi.Josie 0]

So I have tried my best researching with not kuch luck. Hopefully someone here can help me out. My fiance has his medical & interview Feb3rd&4th in Naples, Italy. He works as a computer software programer. His employeer wants him to continue working for the company even when he moves to the US. My question is what can we do leagally to allow this to happen? Is he allowed to work for a foreign company while in the US without his EAD? (He will file for his work permit asap) I just don't know about all the technicalities. Any and all feedback is greatly appreciated. Thanks!

[JenandDon 3]

Hello,

I was in the same situation working for my company when I moved to the US and applied for my EAD. I just applied for my EAD right away, and eventually had to fill out a application with the IRS deeming me as an "US resident for taxation purposes". Canada/USA have an agreement in place to eliminate the possibility of double taxation, so I do pay to the IRS and not to Canada revenue, even though physically my company is in Canada. This was a tough process to understand for me as well. Talk to the IRS - get someone on the line specializing in International Tax law, and talk to his home country's taxation authority as well, and make sure they agree. (This took several calls for me) It is important to get the application in for the EAD right away, and continue paying taxes on this foreign income to the home country while everything is processing here in the US.

Disclaimer - I got many versions from the IRS in what I should do, that I cannot guarantee the accuracy of my advice, but can only say this was the path I followed based of the advice of the IRS when I moved in 2011.

[Rotondi.Josie 0]

Thanks for the quick reply. Seems like we have some work to do. I tried calling my local IRS agency, unfotunatly they are closed until1pm local time. No luck contacting the next closest agency. But I will keep trying. So my question to you... Did you continue to work from your forgein company while waiting for your work permit in the states? Or did you wait until permit was received to continue working from

[Rotondi.Josie 0]

Thanks for the quick reply. Seems like we have some work to do. I tried calling my local IRS agency, unfotunatly they are closed until1pm local time. No luck contacting the next closest agency. But I will keep trying. So my question to you... Did you continue to work from your forgein company while waiting for your work permit in the states? Or did you wait until permit was received to continue working from said company? Did the company you worked for have to do anything specific? Create new contract or anything? Thanks so much for your input =)

[JohnR! 5,495]

Taxes notwithstanding, he can continue to work here without his EAD as long as his employer pays him in Italy. The only restriction he has, until he received his EAD, is that he can't receive a salary derived from work, from a US employer in the US.

[Rotondi.Josie 0]

OK so I have had no luck getting ahold from anyone from IRS. It's all automated and every number I try says they no longer answer questions via live customer assistance. I can't find a proper email to inquire to either. My fiance emailed USCIS, I'll have to read the email but he says according to them he should wait until EAD period. I don't know. I personally see nothing wrong with him still working for Italian company and being paid in italy while waiting in EAD. Ugh. The confusion. Any other advice?