Working as a Foreign Employee While Waiting for EAD

[kolorin 2]

Hi everyone,

I wanted to know your opinions based on the situation I am in. Currently, I am working for the Mexican branch of a US company as a Mexican employee. My job is as a computer programmer, and I am in discussions with my company to continue my contract as a Mexican employee while living in the US (at least during the time I will wait for EAD). I would continue being paid the salary I have been making as a Mexican employee. However, both my company and myself want to make sure this scenario would be legal. Has anyone else been in this type of situation or know for certain its legality?

I did research the forums and saw many who said you could work for a foreign company while in the US, but since it is a US company with a Mexican branch, I wasn't sure if my case would be the same. Thanks in advance for any advice you guys can give me.

Oscar

[Boiler 45,691]

If you want to work in the US you need an EAD.

If you want to work in Mexico then the US has no issues.

Your location is the important factor.

[Scarlett 0]

Hello,

I was in a similar situation, which is apparently very rare. I work for a British company but re-located my job to the US.

USCIS could not answer the question of whether it was breaching immigration regulations to work for a UK company in the wait time for EAD, and from what I remember they just told me not to mention it and it should be fine!? It was not a problem as my EAD came through pretty quick. Sorry I can't give you a clear answer, but neither could USCIS!

The main issues for me have actually been post-EAD when my employer realised that they would still have to pay US Social Security, Medicare and Employers tax on my salary - even though I am still paid in GBP - because tax liability is based on residency. They had to set up a special payroll for me over here and it was a pain. All is well now though, and I make my US tax payments like any other US resident. And importantly they supply me with the W2 form for my US tax return. This would be the aspect that I would discuss with your Mexican employers before making the decision to stay with them. It is not the easiest route to take, but it depends how much you want to keep this job!

I hope this is in some way helpful.

Good luck,

Helen

Edited September 7, 2011 by Scarlett

[Harsh_77 718]

Its a gray area..... laws are clear u cannot accept a job and work in US but with IT industry where one can work remotely these laws don't clearly say what can and cannot be done.

I think you would be ok you would be paid in peso while u wait for your EAD.

[Boiler 45,691]

It is not grey from a legal perspective.

From a practical perspective, well that is another issue.

[kolorin 2]

Thank you for your answers. I called to the USCIS and they basically told me that it was up to me if I wanted to keep working. Also my company finally agreed on that they want me to keep working from home here in the US. So that's what I am doing while waiting for my EAD.

[kzielu 1,149]

Thank you for your answers. I called to the USCIS and they basically told me that it was up to me if I wanted to keep working. Also my company finally agreed on that they want me to keep working from home here in the US. So that's what I am doing while waiting for my EAD.

It is illegal - I was here on L-1B being still employed in Poland. Note also that your income in Mexico would have be reported when you file your tax return.

[NigeriaorBust 4,087]

As an IT employee it is a tricly thing of where you are "working". This is usually determoned by a combination of where the office for the entity you are working for is and where you accept your money. Assuming you have a non US company you have part of the equation. The second half is that you can't accept your money in the US.

[Boiler 45,691]

Could you post a copy of the USCIS confirmation that you can work.

[NICEDUDE 0]

I am in the same situation , I work for german company and my income goes to my bank account in germany, I pay taxes there and everything legal but I am here in US just waiting "right to work" (K1 visa)

I have nothing to do just spending my saving money and I really need to work to generate some income while waiting my "right to work" here in US

I am not sure if I can work remotely from USA to our office in Germany or its illegal

the issue that we cannot find anything about this in USCIS website

please guys, can you advise