Can I work on EAD for US Company while staying outside of US?

[munshiviral]

Hi,

I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?

Will there be any limit on how long can I work from out side of US, if I can?

is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?

Any help is appriciated,

Thanks,

Mickey

[fromnaija]

EAD is specifically authorization to work in the US. So in your situation, the answer is NO, you cannot use EAD for employment outside the USA. To work in another country and keep your green card process going, you will have to change your application from AOS to consular processing.

[number30]

Hi,

I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?

Will there be any limit on how long can I work from out side of US, if I can?

is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?

Any help is appriciated,

Thanks,

Mickey

Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.

Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.

[frostrated]

EAD is required for only working IN the country. If you want to work for a company office that is located in the US, but perform the work remotely, then you need to have a legal status in the country where you are going to stay. The taxes you pay will be in the city where the office is located, not where you perform the work remotely. Just keep your EAD and AP current, and visit the US every now and then so as not to jeopardize your 485 application.

[munshiviral]

Hi Guys,

Thanks for the feedback. Still I am little bit confused so here are my very specific questions.

1. Can I work for a US firm which has office in India while staying in India?

2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?

3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?

Thanks,

Mickey

[MCQ]

Here's how I see it.

If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.

Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).

so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.

one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.

Hope that helps

McQ

[simple1]

I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.

I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.

I fully agree with mcq except for duration part.

Here's how I see it.

If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.

Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).

so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.

one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.

Hope that helps

McQ

[number30]

vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.



You need not be here in US until the GC is approved. There is no abandoning if he has valid offer and some way of re-entry like valid AP or H1.