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  • Remote working from home while waiting for EAD

    Hi guys, new to this forum, so pls go easy

    So here's my story. I entered the US on a VISA Waiver from the UK and married a US spouse. I applied for change of status and my I-765 (EAD). I have been waiting 165 days and counting for this EAD. Then I found out it had been tracked and delivered but I did not receive it. This means I have to reapply and wait at least another 90 days for my EAD. Which means I will not have been able to work for almost 9 months.

    I have a wife and 3-year-old child and I can not afford to not work for another 3 months. My question is two-fold.

    - Is there a way I could get USCIS to give me a letter or something that says I am authorised for employment, and my card is being reissued? So that I can work here.

    - And if I can't do that. Can I work remotely for a UK company? As I said before, I am a UK citizen and was considering setting up my own company (becoming self-employed) so that I could do some freelance.

    Would this be legal? Would you advise it? Or do you advise something else? If anyone can give me the name of a good legal advisor who might be able to help me also, that would be awesome.

    It can not be right that through no fault of my own I am not able to work here for 9 months, surely?

    Thanks a lot for your help, I really appreciate it!

  • #2
    Originally posted by thxsforallthefish View Post
    Hi guys, new to this forum, so pls go easy

    So here's my story. I entered the US on a VISA Waiver from the UK and married a US spouse. I applied for change of status and my I-765 (EAD). I have been waiting 165 days and counting for this EAD. Then I found out it had been tracked and delivered but I did not receive it. This means I have to reapply and wait at least another 90 days for my EAD. Which means I will not have been able to work for almost 9 months.

    I have a wife and 3-year-old child and I can not afford to not work for another 3 months. My question is two-fold.

    - Is there a way I could get USCIS to give me a letter or something that says I am authorised for employment, and my card is being reissued? So that I can work here.

    - And if I can't do that. Can I work remotely for a UK company? As I said before, I am a UK citizen and was considering setting up my own company (becoming self-employed) so that I could do some freelance.

    Would this be legal? Would you advise it? Or do you advise something else? If anyone can give me the name of a good legal advisor who might be able to help me also, that would be awesome.

    It can not be right that through no fault of my own I am not able to work here for 9 months, surely?

    Thanks a lot for your help, I really appreciate it!
    As crazy as it seems there is nothing in the regulation that prevents people to work remotely for an overseas company. If you are here in US, working for a UK company and receiving in UK, nothing illegal here...it is like when you are on vacation...you still receive in your home country and you are not working in US. They can pay you there and you will use your bank to transfer $$ to US if needed...

    I have been looking for answers to remote workers for a while. When I arrived here I has hired in another country and working for that company and receiving there...and this was part of my routine as I travel quite extensively during the year (50% and 25% overseas). So, actually, 25% of my time I am working in countries where there is no authorization as this is all business (even when on vacation I have to work sometimes...connected world).

    There was a post of a Canadian guy wishing to spend 4 months every year working from US to avoid winter...since he is a remote worker, he will be working for Canada and receiving in Canada so he will just be here as a tourist. It is crazy but I think he is doing all right...he is not working for US...

    I do not think immigration will be able to keep track with the connectivity. In few years, where we work will be no relevant so we can just spend few months here and there...the only support they will have is where are you being paid for...

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    • #3
      Unauthorized employment does not affect an application to adjust status based on marriage to a US citizen

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