Working while waiting for EAD ?

[troika 307]

26 minutes ago, Peot said:

A thread I recently made on this gave rise to a very very heated debate. This is what I took away from it in the end:

1. It is not for a US employer. Your foreign employer is NOT required to get an EAD (like an American employer is), and they will NOT accept it. Your foreign employer does NOT follow US laws.
2. There is nothing in the visa process that states that you must give up existing employment, sell assets, cancel investments. No, investments are not "work" technically, but they are still a source of income, and it would be completely insane for someone to expect you to stop earning on those (cancel) when moving to the United States since it stays in that other country, is paid out in foreign funds, and is deposited in a UK bank account with no affect on the US economy. The remote work is the same in that it stays in the other country, is paid out in foreign funds, and is deposited in a UK bank account with no affect on the US economy.
3. The only grey area I see is that any unauthorized work is FORGIVEN at the time of AOS, just like your eventual overstay is while waiting for AOS. Technically even unauthorized employment done in the US is forgiven at this time, and I think this is the big grey area for people. When you are displacing an American job or working for an American company, they are required BY LAW to seek an EAD from you. If they didn't do that and they are caught, they won't be forgiven like a foreign employer. Since this isn't the case, your employer is fine.

As a side note regarding taxes, because this also often comes up when it comes to foreign earnings at this time:

1. You must still file UK tax returns. This includes all income earned up to the point of entry (POE). This goes on a normal yearly return and can include all regular deductions, etc..
2. You must still file US tax returns on ALL (world-wide) income earned the moment you enter the US. You MUST declare foreign income earned, including the income earned through this remote job!
3. Because the UK and the US have a tax treaty to prevent double taxation, you will not have to include any income earned while in the US on the remainder of your UK tax return.

Thanks .. all sounds too complicated and would rather take some time off while waiting for the EAD 

 

One question though, not sure if you would know, but I am selling my house in the UK before moving over. Since it is my primary house/residence, I get personal tax relief in the UK and don't need to pay any capital gains tax. This will all happen obviously before my PoE into the US. I know I still need to declare foreign money while in the US, but I guess it would not be taxable in the US, right ?

[Transborderwife 4,666]

12 hours ago, Unidentified said:

Actually you can't even volunteer, that is considered work too especially if you get any form of compensation even if it's not money. Even if it's just free lunch or whatever, you're getting something in exchange. 

 

I applied for a volunteer gig at an airport and they flat out said no when I said I was waiting for my EAD and I have seen others here say that volunteering is a nope when you don't have your EAD. 

I disagree, many here have volunteered while waiting for EAD and it's commonly suggested here for k1s

[troika 307]

21 minutes ago, troika said:

Thanks .. all sounds too complicated and would rather take some time off while waiting for the EAD 

 

One question though, not sure if you would know, but I am selling my house in the UK before moving over. Since it is my primary house/residence, I get personal tax relief in the UK and don't need to pay any capital gains tax. This will all happen obviously before my PoE into the US. I know I still need to declare foreign money while in the US, but I guess it would not be taxable in the US, right ?

Don't worry, found the answer in another thread.