Keeping your UK employment in the USA

[Scarlett 0]

Hi

It looks like my UK employer is going keep me on - so I will be working for them from my new home in the US. This is totally cool news as I will keep getting paid during the transition

Has anyone else done this?

Should I tell the Embassy at my interview? Or just stick with the standard A of Support that my fiance has done for me?

Hopefully there won't be any problems associated with being paid by a UK employer into my UK bank account...

[Krikit 1,163]

Oops, sorry. I completely missed this thread. I tend to only focus on the Off Topic thread. lol

In my own situation, I did the same thing.... worked on contract for my former Canadian employer after moving to the US. The CO never asked about it during the interview, and I never volunteered the information. It's not an issue, though, because employment authorization doesn't apply because it's not an American company. You just need to remember to claim your foreign income on your American tax return.

Edited August 21, 2008 by Krikit

[Scarlett 0]

Oops, sorry. I completely missed this thread. I tend to only focus on the Off Topic thread. lol

In my own situation, I did the same thing.... worked on contract for my former Canadian employer after moving to the US. The CO never asked about it during the interview, and I never volunteered the information. It's not an issue, though, because employment authorization doesn't apply because it's not an American company. You just need to remember to claim your foreign income on your American tax return.

Thanks for this, I'm glad to hear that this has been done before. Did you get taxed on your income in both Canada and the US? I thought there were international agreements against being taxed twice?

[Boiler 44,874]

You would need to plan on going through JFK to get your temp EAD, and a quickie marriage.

UK income declared to Inland Revenue, Worldwide Income declared in the US, usually modest earned income is not taxed twice. But it is a complicated subject.

Oops, sorry. I completely missed this thread. I tend to only focus on the Off Topic thread. lol

In my own situation, I did the same thing.... worked on contract for my former Canadian employer after moving to the US. The CO never asked about it during the interview, and I never volunteered the information. It's not an issue, though, because employment authorization doesn't apply because it's not an American company. You just need to remember to claim your foreign income on your American tax return.

That's wrong btw, chances of getting caught is low.

[Trompe le Monde 1,107]

That's wrong btw, chances of getting caught is low.

Is it? Would it not be just like coming as a business visitor on VWP? My company, a global corporation, had an employee over here working (though officially still tied to the London office) on VWP while his H1-B was being processed. I didn't think it was within the spirit of the law, but I assumed it would be within the letter of the law.

[Trompe le Monde 1,107]

Also: aren't K-1's technically allowed to work, but without the the temp EAD it's difficult to prove that right?

[Boiler 44,874]

That's wrong btw, chances of getting caught is low.

Is it? Would it not be just like coming as a business visitor on VWP? My company, a global corporation, had an employee over here working (though officially still tied to the London office) on VWP while his H1-B was being processed. I didn't think it was within the spirit of the law, but I assumed it would be within the letter of the law.

Absloutely not, breaking the law and its spirit.

Remember reading a post about a guy who also did this, on the VWP, somehow he was caught and was having problems finding the details, 20 years ago. No more VWP visits for him.

I am sure it happens a lot, but legal it is not.

[Krikit 1,163]

Oops, sorry. I completely missed this thread. I tend to only focus on the Off Topic thread. lol

In my own situation, I did the same thing.... worked on contract for my former Canadian employer after moving to the US. The CO never asked about it during the interview, and I never volunteered the information. It's not an issue, though, because employment authorization doesn't apply because it's not an American company. You just need to remember to claim your foreign income on your American tax return.

That's wrong btw, chances of getting caught is low.

Both myself and another Canadian (and I'm sure many others whom I am unaware of) have both had it confirmed by officers working for USCIS that it is perfectly legal. The INA (Immigration and Nationality Act) INA: ACT 274A outlines the law pertaining to US companies or individuals employing non-authorized aliens. It's specific in that there has to be a US employer in the equation in order for it to be an unlawful act.

Scarlett, I use both a Canadian and a US accountant to prepare my tax returns because they are familiar with the laws with regards to this situation. Yes, there is a tax treaty between the US and certain countries, so I have not been negatively impacted. Your employer will/should tax your salary as a non-resident so you'll be fine at that end. Of course, if you're knowledgeable (or want to become knowledgeable), you can do it yourself.

[Trompe le Monde 1,107]

you only owe taxe for income abroad above $85k - you need to declare all income you earned when you file your taxes using the F2555 form. It's actually pretty straightforward - I handled it myself when I had UK income to declare.

[Krikit 1,163]

There you go! Robin can be your tax consultant!

[Scarlett 0]

Thank you all. I might try calling USCIS to confirm it, as I would rather leave my job than risk problems with my K1

[Boiler 44,874]

Oops, sorry. I completely missed this thread. I tend to only focus on the Off Topic thread. lol

In my own situation, I did the same thing.... worked on contract for my former Canadian employer after moving to the US. The CO never asked about it during the interview, and I never volunteered the information. It's not an issue, though, because employment authorization doesn't apply because it's not an American company. You just need to remember to claim your foreign income on your American tax return.

That's wrong btw, chances of getting caught is low.

Both myself and another Canadian (and I'm sure many others whom I am unaware of) have both had it confirmed by officers working for USCIS that it is perfectly legal. The INA (Immigration and Nationality Act) INA: ACT 274A outlines the law pertaining to US companies or individuals employing non-authorized aliens. It's specific in that there has to be a US employer in the equation in order for it to be an unlawful act.

That's quite funny.

There is an Immigration Lawyer on another board who is always expressing surprise at people's willingness to accept at face value USCIS etc pronouncements on such matters.

Just think it through logically and you would realise it is so.

[Scarlett 0]

Well, I just called USCIS and they were honest [for once] in telling me that they did not know the definitive answer! It must not be one of their stock questions. They told me to make an appointment at the local CIS office to talk about it in detail. So I will try to schedule one for the fiance next week.

[Boiler 44,874]

Just get the stamp at JFK. I doubt anyone is going to worry if there is a few weeks gap with the EAD.

[Scarlett 0]

Just get the stamp at JFK. I doubt anyone is going to worry if there is a few weeks gap with the EAD.

Thanks Boiler. That is a possibility. Although my final destination is Seattle, so its not all that convenient to do JFK.