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EasternDE

Bringing my job to the US

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Filed: K-1 Visa Country: France
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Ok, so right now I'm employed by an online store as a "product manager".

My main duties are all doable online (except a very few). Nothing is preventing me to work from home, which I do sometimes.

I was thinking about "bringing my job" to the US, at least for the time I won't be able to legally work in the US.

There's a good chance my boss will agree, as I'm working in a very specific field and I know he'll have lots of troubles to find someone to replace me. Those 6 months or so would give him extra time to train someone.

It still would be legal right ? As I would be employed by a french company. I'm not sure how my company would be able to deal with the fact I'm actually living in another country but that's another topic.

Has anyone else done such a thing? I'd gladly hear some experiences on that topic, or any suggestions.

Edited by EasternDE

Last significant immigration event:

ROC: Approved : 04/17/2013

USCIS works in mysterious ways...

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Filed: IR-1/CR-1 Visa Country: France
Timeline

hum, interesting question.

I'd like to hear abour the answer

One problem you have is that the secu is not covering you in the USA.

that might be minor

where is it considered you earned the money? in France or in the USA.

does your employer have to satisfy the French or the US law? fiscal?

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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Filed: K-1 Visa Country: France
Timeline

To be honest, I only want to do it temporarily. Basically to cover the first 6 months, after that I'd really prefer to get a "real american job", to get integrated. ;)

It seems I have two options.

Either I just let things as there are and yes I pay our french health coverage for nothing, but well it's still better than nothing. And I'll still have to get my own private health coverage in america.

Or it seems there's a "non resident employee" status, which allows you and your employer to pay less taxes.

The thing is it seems to be a lot of paperworks... I know URSSAF is not easy to deal with. But this status seems interesting still...

You're still under french labor laws though. Now about where you're supposed to declare those incomes, I guess France ? But I'm not sure...

I need to gather more info...

Last significant immigration event:

ROC: Approved : 04/17/2013

USCIS works in mysterious ways...

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  • 1 month later...
Filed: K-1 Visa Country: France
Timeline

So, I have some hard time to believe that nobody managed to work on telecommute for a company from his original country.

No one, really? Hmm, I'm afraid my title wasn't clear enough.

So to answer FrenchWife, as I got more info.

There's a special status, for URSSAF, with a different taxes profile. It's called "employé non résident".

You're considered as having double residency, one in the USA and one where is the company.

Instead of secu, you can get the CFE (http://www.cfe.fr/), but that's optional. Not really valuable in the US as it only covers what you would have paid in France max.

But still interesting if you're visiting France sometimes, because then you'd still have the Sécu in France. Why not, for specific surgery or dental it probably worth it.

And you file your income taxes to Le centre d'impots des non résidents.

It's almost the same status if you'd already be retired and getting your french retirement rent. They have the same for retired french people living abroad.

It's french incomes. We actually may have to deal with that problem later anyway.

This status might even be very interesting for the employer, way less taxes (No RDS, CSG, maybe others) but I think some others are increased.

I have a meeting with my boss tomorrow to discuss this, then if he agrees we need to submit it to our accountant.

It's very hard to find any information about this topic unfortunatly, though you could imagine more and more people are working on telecommute for companies all around the world.

Last significant immigration event:

ROC: Approved : 04/17/2013

USCIS works in mysterious ways...

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Filed: AOS (pnd) Country: Romania
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I'm actually amused by this topic; my wife came to the usa from Romania on a k1 visa and she works remotely for a belgian company. She does her european taxes as she has always done them, and then we do our taxes in the usa and I include her income that she made in her european company; has not been a problem. It kind of sucks to pay taxes twice, but not much we can do about that, except just not work at all.... My friend's wife also came on a k1 visa and she works 'remotely' for a japanese company, as she is japanese. We honestly don't understand what's so difficult about this situation or why others find it as a grey area.

AOS

2009-01-12===> Sent AOS packet via UPS
2009-01-13===> AOS packet received
2009-01-28===> NOA's received in the mail
2009-02-01===> Biometric appt received in the mail
2009-02-06===> Completed biometric appt thru walk-in
2009-02-06===> Applied for expedited AP thru the phone
2009-02-14===> Received AP in the mail
2009-02-11===> Case transferred to CSC
2009-02-23===> EAD received
2009-05-02===> Green card received in the mail, no interview done.

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Filed: IR-1/CR-1 Visa Country: France
Timeline

it is interesting and I am following up.

thanks EasternDE for the update!

problem you have is that maybe only French people can answer to you and there are not many.

ikarus

you might be amused but you say you pay doubletaxes, maybe something you want to avoid

the complication comes from the social duties / advantages . If you have none in the country you work it is easier.

A country with social advantages is more difficult to leave!

EasternDE

I have also learned more recently also about secu et retraite

and learning also on taxes

went to the 3rd day of the expatriate at the Senat

You can pay secu it is good for when you come back temporarily or not

You can pay retraite , if you are chargé de famille

French companies are not used to have people working abroad

May develop but pionneer have to go first

I just signed for leaving my company in France as of Oct 31st, with the "rupture conventionnelle".

Have to investigate about assedic. in case

but have a good "indemnite", that will not be of interest to US taxes as I will still be French resident only then, fully exonerated in France!

so maybe will not have beurre et argent du beurre comme on dit but not caring!

did you ask the "inspection du travail"?

did you investigate the taxes aspects?

Edited by Frenchwife

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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Filed: K-1 Visa Country: France
Timeline
I'm actually amused by this topic; my wife came to the usa from Romania on a k1 visa and she works remotely for a belgian company. She does her european taxes as she has always done them, and then we do our taxes in the usa and I include her income that she made in her european company; has not been a problem. It kind of sucks to pay taxes twice, but not much we can do about that, except just not work at all.... My friend's wife also came on a k1 visa and she works 'remotely' for a japanese company, as she is japanese. We honestly don't understand what's so difficult about this situation or why others find it as a grey area.

I'm sorry to ask but I don't think you have to pay taxes in both country, unless it reaches a certain amount (which is actually quite big like 80K per year as far as I can remember).

Are you really sure you have to declare those incomes in your american taxes?

Maybe I'm doing a mistake, I asborbed a lot of informations lately....

We're concerned about the time we'll be kinda out of status, basically before we actually get the work permit.

But I agree there's no reasonnable reason why this would be illegal.

Last significant immigration event:

ROC: Approved : 04/17/2013

USCIS works in mysterious ways...

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Filed: AOS (pnd) Country: Romania
Timeline
I'm actually amused by this topic; my wife came to the usa from Romania on a k1 visa and she works remotely for a belgian company. She does her european taxes as she has always done them, and then we do our taxes in the usa and I include her income that she made in her european company; has not been a problem. It kind of sucks to pay taxes twice, but not much we can do about that, except just not work at all.... My friend's wife also came on a k1 visa and she works 'remotely' for a japanese company, as she is japanese. We honestly don't understand what's so difficult about this situation or why others find it as a grey area.

I'm sorry to ask but I don't think you have to pay taxes in both country, unless it reaches a certain amount (which is actually quite big like 80K per year as far as I can remember).

Are you really sure you have to declare those incomes in your american taxes?

Maybe I'm doing a mistake, I asborbed a lot of informations lately....

We're concerned about the time we'll be kinda out of status, basically before we actually get the work permit.

But I agree there's no reasonnable reason why this would be illegal.

It's been a few months, but in a way you're correct; I could have filed my taxes without including my wife's belgian income. However, for our case, we were doing the AOS around tax season, and we decided it would be good proof to say that we filed our taxes together for 2008. Thus, as specified in other posts related to taxes in this forum, when I sent in my taxes, we mailed also a statement to consider my wife as a us resident for tax purposes, and thus by doing that, we declared her belgian income. And yes, you're right...if the income is above a certain amount you pay taxes. And yes, we exceeded that amount; the tax wasn't that much, but is still a double tax. But I could have chosen not to declare her income; the only reason i did it was just to have more proof of a solid marriage for AOS interview purposes.

And again, your usa work permit has nothing to do with your 'native' work permit. The only concern is---if you're workign for foreign company and you physically have to be out of the usa---do you have the legal means to get back to the usa without a problem(is your AP approved and has it arrived)? Other than that, the usa work permit has nothing to do with your french company. Unless of course, the french company has a branch in the usa, and you have to be 're-hired' in the usa. Then yes, you need your usa permit to do that. Example, my friend came from switzerland and was working at company xyz. Company xyz has offices in the usa, but company xyz told her that to continue employment at xyz, she would have to be rehired in the usa. In that case, it does not work. But if your french company is just allowing you to continue working from the usa, again, NOT A PROBLEM!

AOS

2009-01-12===> Sent AOS packet via UPS
2009-01-13===> AOS packet received
2009-01-28===> NOA's received in the mail
2009-02-01===> Biometric appt received in the mail
2009-02-06===> Completed biometric appt thru walk-in
2009-02-06===> Applied for expedited AP thru the phone
2009-02-14===> Received AP in the mail
2009-02-11===> Case transferred to CSC
2009-02-23===> EAD received
2009-05-02===> Green card received in the mail, no interview done.

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Filed: Country: United Kingdom
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I'm actually amused by this topic; my wife came to the usa from Romania on a k1 visa and she works remotely for a belgian company. She does her european taxes as she has always done them, and then we do our taxes in the usa and I include her income that she made in her european company; has not been a problem. It kind of sucks to pay taxes twice, but not much we can do about that, except just not work at all.... My friend's wife also came on a k1 visa and she works 'remotely' for a japanese company, as she is japanese. We honestly don't understand what's so difficult about this situation or why others find it as a grey area.

I'm sorry to ask but I don't think you have to pay taxes in both country, unless it reaches a certain amount (which is actually quite big like 80K per year as far as I can remember).

Are you really sure you have to declare those incomes in your american taxes?

Maybe I'm doing a mistake, I asborbed a lot of informations lately....

We're concerned about the time we'll be kinda out of status, basically before we actually get the work permit.

But I agree there's no reasonnable reason why this would be illegal.

:thumbs: I beleive it is $80k also. You do no have to pay taxes on it twice, I think you can declare it but not pay taxes on it...not sure of the process but I would look into that if I were you.

K-1 Visa Journey

04/20/2006 - file our I-129f.

09/14/2006 - US Embassy interview. Ask Lauren to marry me again, just to make sure. Says Yes. Phew!

10/02/2006 - Fly to New York, EAD at JFK, I'm in!!

10/14/2006 - Married! The perfect wedding day.

AOS Journey

10/23/2006 - AOS and EAD filed

05/29/2007 - RFE (lost medical)

08/02/2007 - RFE received back at CSC

08/10/2007 - Card Production ordered

08/17/2007 - Green Card Arrives

Removing Conditions

05/08/2009 - I-751 Mailed

05/13/2009 - NOA1

06/12/2009 - Biometrics Appointment

09/24/2009 - Approved (twice)

10/10/2009 - Card Production Ordered

10/13/2009 - Card Production Ordered (Again?)

10/19/2009 - Green Card Received (Dated 10/13/19)

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Filed: K-1 Visa Country: France
Timeline
It's been a few months, but in a way you're correct; I could have filed my taxes without including my wife's belgian income. However, for our case, we were doing the AOS around tax season, and we decided it would be good proof to say that we filed our taxes together for 2008. Thus, as specified in other posts related to taxes in this forum, when I sent in my taxes, we mailed also a statement to consider my wife as a us resident for tax purposes, and thus by doing that, we declared her belgian income. And yes, you're right...if the income is above a certain amount you pay taxes. And yes, we exceeded that amount; the tax wasn't that much, but is still a double tax. But I could have chosen not to declare her income; the only reason i did it was just to have more proof of a solid marriage for AOS interview purposes.

And again, your usa work permit has nothing to do with your 'native' work permit. The only concern is---if you're workign for foreign company and you physically have to be out of the usa---do you have the legal means to get back to the usa without a problem(is your AP approved and has it arrived)? Other than that, the usa work permit has nothing to do with your french company. Unless of course, the french company has a branch in the usa, and you have to be 're-hired' in the usa. Then yes, you need your usa permit to do that. Example, my friend came from switzerland and was working at company xyz. Company xyz has offices in the usa, but company xyz told her that to continue employment at xyz, she would have to be rehired in the usa. In that case, it does not work. But if your french company is just allowing you to continue working from the usa, again, NOT A PROBLEM!

Thank you very much. I hope you understood I wasn't being nosy at all, that's just for information purpose.

No no, my company doesn't have an american branch. I would get hired as a "detached employee" with a telecommute contract. Paying my taxes to a special french taxes center for non residents.

So ok, we'll probably will have to declare it, but what's under 80k doesn't get taxed. Which makes sense.

I'm not in the US yet, I won't be a for another 6 months at least. I'm just starting to gather info to know where I'm heading. :)

Fortunatly, I won't have to travel at all for my job. So yes, I don't have to worry about this.

Last significant immigration event:

ROC: Approved : 04/17/2013

USCIS works in mysterious ways...

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