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Keisha

Keep working for a Canadian client before EAD

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Filed: K-1 Visa Country: Canada
Timeline

:help: Copying my post here in case somebody knoews!

I would greatly appreciate if anybody knows something about this.

I've just moved to the US from Canada on K1 day ago, we will get married in a couple weeks.

In Canada I used to do a part-time self-employed work - all on the phone for a Canadian client-company, calling their Canadian clients. They would like me to continue working for them.

I don't have the EAD for the US yet, but I have a work authorisation to work in Canada.

Could I keep working for a Canadian client, get the payment to my Canadian bank in CDN funds, pay taxes in Canada?

Everything is in Canada, only I am and the phone are in the US.

Until what time I could pay taxes in Canada for this kind of job?

Would I need to be their employee?

Will the fact of marriage change anything or not?

5 Feb 2007 NOA1

1 May 2007 NOA2

12 July 2007 Interview in Vancouver, RFE

17 July 2007 Visa in hand

18 July 2007 Arrived in the US

07 Aug 07 Married

29 Aug 07 Applied for AOS

20 Oct 07 Biometrics scheduled

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Filed: K-1 Visa Country: Canada
Timeline

Well, I am sure I am not the only one like this.

I called USCIS customer service, and asked the same question. They said that if I didn't get a work authorisation stamp on my I-94 than I can not do ANYTHING even on the phone until I get my EAD.....This sucks so much. Denying legal people their right to work. And then they also want us not to be public charge here.

5 Feb 2007 NOA1

1 May 2007 NOA2

12 July 2007 Interview in Vancouver, RFE

17 July 2007 Visa in hand

18 July 2007 Arrived in the US

07 Aug 07 Married

29 Aug 07 Applied for AOS

20 Oct 07 Biometrics scheduled

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Filed: Timeline
Well, I am sure I am not the only one like this.

I called USCIS customer service, and asked the same question. They said that if I didn't get a work authorisation stamp on my I-94 than I can not do ANYTHING even on the phone until I get my EAD.....This sucks so much. Denying legal people their right to work. And then they also want us not to be public charge here.

Hmmm... even if it's over the phone or online? the job, I mean. That sux. Maybe someone here can give you advise!

good luck and keep us posted, L.

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Filed: AOS (apr) Country: Canada
Timeline

I've since found out that there might be a catch to this: http://www.visajourney.com/forums/index.ph...p;#entry1024905

I don't know now how this affects someone if they are self-employed...

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

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Filed: K-1 Visa Country: Canada
Timeline
I've since found out that there might be a catch to this: http://www.visajourney.com/forums/index.ph...p;#entry1024905

I don't know now how this affects someone if they are self-employed...

Thanks Misa, I will go to that thread right away....new aspect of life - new spin of crazy regulations and laws :wacko:

5 Feb 2007 NOA1

1 May 2007 NOA2

12 July 2007 Interview in Vancouver, RFE

17 July 2007 Visa in hand

18 July 2007 Arrived in the US

07 Aug 07 Married

29 Aug 07 Applied for AOS

20 Oct 07 Biometrics scheduled

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Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline
:help: Copying my post here in case somebody knoews!

I would greatly appreciate if anybody knows something about this.

I've just moved to the US from Canada on K1 day ago, we will get married in a couple weeks.

In Canada I used to do a part-time self-employed work - all on the phone for a Canadian client-company, calling their Canadian clients. They would like me to continue working for them.

I don't have the EAD for the US yet, but I have a work authorisation to work in Canada.

Could I keep working for a Canadian client, get the payment to my Canadian bank in CDN funds, pay taxes in Canada?

Everything is in Canada, only I am and the phone are in the US.

Until what time I could pay taxes in Canada for this kind of job?

Would I need to be their employee?

Will the fact of marriage change anything or not?

To me, this makes no sense. First of all, I've learned not to go by much of what the USCIS call center says. Every time they put me through to an officer, the officer negates everything the previous call center employee just told me. For instance, one call center person told me that there was "no reason at all" that my thai fiance couldn't join me in the US on a tourist visa while we are "waiting out" the K1 visa. Well, he's from Thailand, and it's near impossible for a thai person to get a tourist visa unless they can "demonstrate strong ties to thailand" -- with a US fiancee and K-1 pending, he would be denied on the spot.

So don't rely on their information. think about it -- you'd be working for a CANADIAN company and getting paid to your CANADIAN bank in CANADIAN dollars. If you are considered their employee, what's the problem? But if you are going to state on US taxes that you are self-employed instead, then you will need to pay taxes to the US government, because then you are technically living & working as a self-employed person in the US, and your CLIENT just happens to be in Canada.

In my case, I am self-employed, and I work via my computer, but I pay all my taxes to the US. Maybe there's a rule somewhere that if you're a self-employed person working for a client in a different country over the phone or computer, while in a foreign country for a certain amount of time, like 8 consecutive months or a year, then you have to pay taxes to that country. But if there is, I've never heard of it. And if there is, it would probably be based on residency.

If you're a resident or soon-to-be resident of the US, that may determine where you can claim your self-employment.

On the other hand, if you went ahead and accepted this Canadian employment, and you're working solely over the phone & getting paid into a Canadian bank, well...I mean, who would even know about it? But the tax matter is something you'd have to discuss with your Canadian client/employer, because that could make a difference.

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