Jaxen, one more question please

C

CantWait

Registered Users (C)
As an extension from previous discussion - How to Start Using EAD...

I am actually transferring to the US office from it\'s foreign office. Now the current (foreign) office wants me to stay longer on the project and US office is willing to postpone. However, I am very eager to join spouse in US.

Will there be any legal issues if I go ahead and move but continue working for the foreign office (still on their payroll) from US until the transfer takes place? If no, how does it indicate my use of EAD since I\'m not \'registered\' with US company yet until I transfer?

Second, I only have a valid H4 to enter, should I tell the immigration officer at the POE that I will be working for this foreign company when asked?

Lastly, will I be considered self-employed in this case? (I\'m thinking about any tax complication involved by doing so)

Your help is greatly appreciated.
 
Bordering on fraud, so be careful..

I will try to raise the issues here as much as possible, hope you can read all the implications. Nothin personal but I am shooting for intent here...

I guess you can continue to work for the foreign office but you should not receive any compensation inside US when you enter in H4. Period.

How do you plan to work for the foreign office when you are in US? Are you trying to cheat US and IRS?

All you have to do in EAD is this, when you start working ask the employer to file I-9. Now if the foreign employer is the same as the doemstic one, you have to come in AP and not in H4. If they are different then you can take up the new employment with the US employer after entering in H4 and then start using EAD.

While entering US on H4 you can tell the POE officer (if asked) that you will work if the EAD comes through..

How can you be self employed? You have to incorporate a company to be considered self employed.

Please do not twist my statements into approvals for you. I do not understand your case fully and all I am offering is my 2 cent worht of intrepretations that is all.

The best person who can say whether you are violating any immigration laws would be the immigration lawyer of your company. Whatever you do, do with his consent and approval.

Sorry friend...
 
Wow, had no idea it would be this complicated...

My intention was totally innocent, all I wanted was to join spouse sooner rather than waiting until this project ends in another few months, and doing all these *legally* and had all intention to file any applicable taxes.

I already have an EAD card but due to screwups in the original AP application, I had to resend the entire package just yesterday. Since I read it could take months to get an AP, I thought I could use my valid H4 to enter US and then \'switch\' to EAD the next work day and simply not travel until AP comes through.

Isn\'t this what an H4 possessing an EAD card would do even when they had previously entered US on H4? For example, they have been asked to offer a one-time speech and be paid an amount for that. In this case, there will be no I-9 to file with anyone. Do they have to go out of US and come back with AP just to indicate they have switched to EAD officially before they take up the offer?

By the way, are there restrictions on what job you can do with an EAD? My impression is you can basically take up anything just like permanent residents. Am I wrong?

Please don\'t take my response as argumentative and I apologize for the relentless questions. I am in fact waiting for response from the company lawyer, but it will most likely be a Yes/No answer. Being the curious sort, I just want to know more. All the references to EAD I could find were vague, INS site was of no help as well. I have been following quite a number of your postings in the past, and it appears to me you are very knowledgable in this regard.

Thanks again.
 
No Title

If your H4 is valid and you have not started to use EAD yet, you can use H4 to travel or to enter US. It is as simple as that.
Once you start using EAD (i.e. ask your employer to file I-9, in your case the first day of employment in US) then you need to use AP for any future travel out of US (i.e. while coming back you say that your status is AP instead of H4).
You can get an emergency AP by walking to your local INS office or visiting the nearest INS District office.
On EAD, you can do as many jobs you want (Presuming you are not the primary beneficiary), can be employed anywhere, like a PR.

Hope this helps..
 
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