Can I work for the UK while waiting for my EAD?

[Mahin 0]

Hi everyone

 

I had my K1 visa approved a few days ago (yay!) so am now finalising plans to actually move to New York.  The plan is to go in early Jan, get married ASAP, and then file for change of status/EAD/etc as soon as possible afterwards.

 

I very unexpectedly got told by my manager at work that my company is happy for me to work remotely in the same role while I’m in the US until the EAD comes through (at which point I’d be formally transferred to our US branch).  However, he’s not sure about whether this would cause any complication with the visa or how it’d work in general with US taxes.  For all intents and purposes, it’d be the exact same UK job and nothing would change except that I’m physically in the US (payments still going into UK bank account, UK taxes, etc).

 

Does anyone here know what the correct protocol for this would be?  If there’s any real risk to my visa or anything, I’d rather just be out of work until the EAD arrives, but of course it’d be vastly preferable to be able to work.
 

[marnold 24]

I asked the same thing a while back:

 

[Mahin 0]

3 minutes ago, marnold said:

I asked the same thing a while back:

 

Brilliant, thanks for this.  

 

Seems to confirm the general consensus that 'it's probably okay but no one is entirely sure'.  I even asked my interviewer at the embassy and she said it's fine but "just don't go telling everyone".

 

I'm guessing you've been working it for a year now; have you run into any issues so far?

[kris&me 572]

Once you are married and living in the US ,  doesn't really matter what company and what bank,  you need to file IRS tax returns 

so,  this grey area is not so grey and sounds like a lot of trouble 

 

On the other posts says "don't tell anyone" that should be a warning not a go ahead and do it

Edited November 21, 2019 by kris&me

[Mahin 0]

7 minutes ago, kris&me said:

Once you are married and living in the US ,  doesn't really matter what company and what bank,  you need to file IRS tax returns 

so,  this grey area is not so grey and sounds like a lot of trouble 

 

On the other posts says "don't tell anyone" that should be a warning not a go ahead and do it

Thanks for your reply!  But sorry, I don't quite follow; how would this be an issue with tax returns?  Does the US not allow for income from overseas?

 

My query is whether I can work at all while I don't have an EAD.  I'm happy to declare the income when I file my taxes (as I assume the US-UK tax treaty will mean I don't pay double tax), but I obviously do not want the income itself to be illegal.

[Wuozopo 4,293]

47 minutes ago, Mahin said:

Thanks for your reply!  But sorry, I don't quite follow; how would this be an issue with tax returns?  Does the US not allow for income from overseas?

 

My query is whether I can work at all while I don't have an EAD.  I'm happy to declare the income when I file my taxes (as I assume the US-UK tax treaty will mean I don't pay double tax), but I obviously do not want the income itself to be illegal.

 I just posted this yesterday so will do a cut/paste here. The info came from a direct conversation I had by phone with the IRS. Here you go:

 

On that note, another thing to plan for with your employer is--- when you reside in the US, you pay US income tax and no UK tax, even if the employer is solely a UK company and even if you are paid in £££ to a UK bank account.  It's part of the US-UK tax treaty. Pay the place where you live. Your UK employer will have to get an EIN (Employer Identification Number) from the IRS. Yes that is allowed and easily done. There are two scenarios:

 

1) You are an employee. The company has to withhold US income tax, social security, and Medicare amounts from each paycheck and submit that money to the IRS each paycheck. They also pay out of their pocket half your Social Security. It can be done electronically or they can pay a company to submit for them. They must submit an IRS form W2 to the IRS and to you are the end of each tax year (Dec 31)

 

2) You are a contractor. The company withholds nothing. You are "self-employed" to the IRS.  You are responsible for submitting quarterly amounts to the IRS yourself to cover your tax, social security, and Medicare that would normally be held out of a paycheck by an employer. You pay your full social security amount and the UK company contributes nothing on your behalf.  They will submit an IRS form 1099-MISC (wage statement) to the IRS and to you at the end of the tax year. 

Edited November 21, 2019 by Wuozopo

[Mahin 0]

26 minutes ago, Wuozopo said:

 I just posted this yesterday so will do a cut/paste here. The info came from a direct conversation I had by phone with the IRS. Here you go:

 

On that note, another thing to plan for with your employer is--- when you reside in the US, you pay US income tax and no UK tax, even if the employer is solely a UK company and even if you are paid in £££ to a UK bank account.  It's part of the US-UK tax treaty. Pay the place where you live. Your UK employer will have to get an EIN (Employer Identification Number) from the IRS. Yes that is allowed and easily done. There are two scenarios:

 

1) You are an employee. The company has to withhold US income tax, social security, and Medicare amounts from each paycheck and submit that money to the IRS each paycheck. They also pay out of their pocket half your Social Security. It can be done electronically or they can pay a company to submit for them. They must submit an IRS form W2 to the IRS and to you are the end of each tax year (Dec 31)

 

2) You are a contractor. The company withholds nothing. You are "self-employed" to the IRS.  You are responsible for submitting quarterly amounts to the IRS yourself to cover your tax, social security, and Medicare that would normally be held out of a paycheck by an employer. You pay your full social security amount and the UK company contributes nothing on your behalf.  They will submit an IRS form 1099-MISC (wage statement) to the IRS and to you at the end of the tax year. 

Thanks, this is very useful to know.  Apologies if I'm being dense, but I don't quite get if this explains whether I'll be allowed to work for a UK company in the first place (assuming they're willing to withhold US tax and pay the IRS) when I don't have the EAD?

[NikLR 13,227]

9 minutes ago, Mahin said:

Thanks, this is very useful to know.  Apologies if I'm being dense, but I don't quite get if this explains whether I'll be allowed to work for a UK company in the first place (assuming they're willing to withhold US tax and pay the IRS) when I don't have the EAD?

Either your employer figures out how to pay the taxes, or you work as a contractor and do it yourself.  Either way you're illegally working because you without and EAD you're not allowed to work in the USA.  You wouldn't pass the I-9 qualifications. It would be illegal to hire you.  

Illegal work is overlooked in a spousal AOS case. That doesn't make it less illegal.  

 

[Mahin 0]

54 minutes ago, NikLR said:

Either your employer figures out how to pay the taxes, or you work as a contractor and do it yourself.  Either way you're illegally working because you without and EAD you're not allowed to work in the USA.  You wouldn't pass the I-9 qualifications. It would be illegal to hire you.  

Illegal work is overlooked in a spousal AOS case. That doesn't make it less illegal.  

 

Ahh, okay thank you.  I didn’t expect that non-US employers would have to carry out I-9 verification on people they already had in their employ!

 

Sounds like the safest option is to not work remotely.

Edited November 21, 2019 by Mahin

[Wuozopo 4,293]

1 hour ago, Mahin said:

Thanks, this is very useful to know.  Apologies if I'm being dense, but I don't quite get if this explains whether I'll be allowed to work for a UK company in the first place (assuming they're willing to withhold US tax and pay the IRS) when I don't have the EAD?

There was mention of taxes earlier in the thread, so I am sharing what I learned from the IRS lady I eventually got bumped to concerning foreign employers. She mentioned the EIN and I said "Do you do that?" She said "I issue them all day long."

 

In my opinion, IRS and immigration are separate issues. IRS wants your taxes and aren't going to be calling USCIS to see if it's okay. It's a big government and they are two very separate pieces that don't have resources to discuss small time earners. They take taxes from flat-out illegals with fake SSNs. I've seen that with my own eyes when a woman who works for our maid asked my wife to help her with a tax refund issue and showed the return. My opinion on working is I would personally do it. Others may not. It's not advice, just an opinion. I have read many discussions on this including an article where a dozen immigration lawyers weighed in. They were split half and half, each citing legal reasons why or why not allowed. There is nothing specific written in law to give a definite answer. I thought that article had more clout (being lawyers) than any opinions we give on Visa Journey forum. It's your decision.

 

 

 

 

Edited November 21, 2019 by Wuozopo

[Boiler 45,466]

Seems unlikely a UK company would want to have a US employee with all the hassle that entails. A contractor and it becomes your issue.

[SalishSea 17,819]

OP, have your company write a letter explaining that they want to keep you on as an employee after you move to the US, and submit it with a request for an EAD expedite.  If you want to do everything on the level, that is the best approach.

[geowrian 22,337]

If you will be an employee and working entirely remotely, you still have to go through the process above with the UK employer. This would be the gray area where there is no finite answer on if it is permitted or not.

If you will be a contractor, then you are self-employed. Self-employment means you are the employer...thereby you are no longer are you working remotely. That would be a violation of status.

[NicoleS 189]

I really struggled with this prior to moving to the US because I had a job in Canada that was already 100% online. It was an online tutoring job and they were great and paused my employment since I entered. I decided to not enter any 'grey area' to cause issues at my eventual greencard interview. I will start working with this company again the second I get the EAD approval lol