Working "Virtually" without an EAD (K1)

[PlusUltra 8]

Hi VJers,

I'm currently working as a virtual assistant and as much as possible, would like to bring my work to the US with me. Will that be ok even if I don't have an EAD as yet? My clients are from the US FYI.

TIA for any input you could share

[clairegie 265]

I tried researching about it and this is what I got:

Any income from services performed for a foreign employer by someone present in the United States is deemed “US source income” unless that income meets ALL THREE of the following conditions:

1) total annual earnings from such services is less than $3,000;

2) the nonresident alien is physically present in the United States for not more than 90 days in the year;

3) the services are performed under contract with a nonresident alien individual, foreign partnership or foreign corporation.

USCIS website also states under § 245a.13 During pendency of application.

(1) Application for employment authorization . An applicant for adjustment of status under LIFE Legalization who wishes to obtain initial or continued employment authorization during the pendency of the adjustment application must file a Form I-765, Application for Employment Authorization, with the Service, including the fee as set forth in § 103.7(b)(1) of this chapter. The applicant may submit Form I-765 either concurrently with or subsequent to the filing of the application for adjustment of status benefits on Form I-485.

Since you are clearly going to be here for over 90 days and your clients are in the United States, then you cannot work even if its a virtual job because you are both under American law. Based on what I read, IRS would say you have to pay your taxes in the US and USCIS would deem it as US income because your employers are in the US. Even if you are under a Philippine/foreign employer, you have to meet all 3 conditions and no. 2 still isn't met. If you continue working for your US clients when you get here, it will violate your visa status.

Not sure how lenient your clients are but you would have to stop working more or less 4 months until you get your EAD so that you won't have any issues with adjusting your status to LPR. (I derived 4 months from maybe 1 month of wedding preps + 90 day processing of your EAD)

Sources:
http://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

http://www.uscis.gov/sites/default/files/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-26097/0-0-0-27215.html#0-0-0-16711

http://www.worldlawdirect.com/forum/international-law-issues/76311-taxes-legal-status-remote-work-us-without-work-authorization.html

Hope this helps!

[Greenbaum 12,259]

Hi VJers,

I'm currently working as a virtual assistant and as much as possible, would like to bring my work to the US with me. Will that be ok even if I don't have an EAD as yet? My clients are from the US FYI.

TIA for any input you could share

I would if it were mm e, contact the HR department for the company you're working for a let them determine what is best.

[PlusUltra 8]

Well, that's BS Thanks everybody for the input - much appreciated!

[Hank_ 9,174]

Sucks, but now that you are in the USA and were working for a USA company you can not work for them with at least the EAD. Get AOS (w/I-765) filed as quickly as possible, roughly 2 months later you will have your EAD card.