Hi all,
I have few questions regarding L2 visa. Apologies if this is not the right forum to post it.
I would be traveling to USA on L2 in July. I understand that I would need EAD to work in US.
1. Can I apply for EAD while I’m in India. I understand that we can apply for EAD online. However, there is confusing information. If I apply from India, I would not be having I-94. Some folks say that I-94 is mandatory whereas some say it is not mandatory. I looked up the EAD form in USCIS website. I-94 doesn’t seem to be mandatory. Also, biometrics are not required for EAD under L2. So, I don’t see any reason for waiting to reach US to apply for EAD if I-94 is not mandatory.
It takes about 3 months to get EAD. I’m currently working with a MNC which has offices in US. I would not be able to take sabbatical of 3 months (or till I get EAD). That is why I’m exploring the option of applying online while I’m still in India so that I can get EAD fast and continue to work with my current employer after I reach US (I can switch over to US payroll)
2. The other option is – Can I work from US on L2 visa with my current Indian employer, be on Indian payroll and get paid in INR credited to a bank in India, until I get my EAD? I'm okay to pay tax in both US & India.
3. Can I work from US on L2 visa with my current Indian employer, be on Indian payroll and get paid in INR credited to a bank in India, after I get my EAD? Or is it mandatory to be on US payroll and be paid in USD? Again, I'm okay to pay tax in both India & US.
Please understand that I’m not looking for any shortcut nor do I have any intentions to do anything illegal. I have been researching a lot on these topics on internet and with friends but I have only been receiving contradictory information. So, I'm reaching out to you.
Thanks for your time and help. :-)
If you pay tax in both US & India , you won't get much in hand.
You will also have expenses in US , like accomodation , food , transport etc.
Not sure if your employer will be paying for that or not ( most probably not )..so you have to pay from pocket for all that.
This should help you :
http://www.avvo.com/legal-answers/can-i-apply-for-ead-from-india--954061.html
http://www.immihelp.com/l1-visa/l2-visa.html
Quote:
Originally posted by diapatil
1. Can I apply for EAD while I’m in India. I understand that we can apply for EAD online. However, there is confusing information. If I apply from India, I would not be having I-94. Some folks say that I-94 is mandatory whereas some say it is not mandatory. I looked up the EAD form in USCIS website. I-94 doesn’t seem to be mandatory. Also, biometrics are not required for EAD under L2. So, I don’t see any reason for waiting to reach US to apply for EAD if I-94 is not mandatory.
-- Though the I-94 does not seem to be mandatory, the validity of the EAD is generally based on the validity of the I-94. Since you do not have one, not sure how they would treat your application.
Quote:
2. The other option is – Can I work from US on L2 visa with my current Indian employer, be on Indian payroll and get paid in INR credited to a bank in India, until I get my EAD? I'm okay to pay tax in both US & India.
-- This is certainly not allowed. The work authorization (including EAD) is to enable the person to work on the US soil - irrespective of the employer's location (India/US) and also irrespective of how you are getting paid.
Location: Western Hemisphere
Posted on: 03-04-15 14:03:46
1. To the best of my knowledge, you must be in the US to apply for an EAD. I-94 is issued (paper or electronic) at the US port of entry and will show the validity of the stay in the US. This validity may be different (shorter or equal) from the period shown on the stamped visa. When you are in the US, you will have possession of the I-94.
2. This is a gray area bordering illegality. If you are on US soil, you require some form of valid work permit from the USA (ex: EAD), regardless of who you work for. However, if no payroll / employment records exist within the US, I am not sure what's stopping you from working remotely. You will not be able to pay US taxes since you will not have a Social Security number without an EAD. But if you work for the Indian employer while in the US, you are liable for taxes as a tax resident in the US (which may expose your illegal employment before receiving EAD).
3. After receiving EAD, you are free to work in the US. As an Indian national, you are free to work for your Indian employer on Indian payroll (remote or otherwise).
Now, let's talk about taxes. Tax is a complex topic. You will be subject to taxes in the US on worldwide income as a tax resident in the US. However, there may be a tax treaty (I think there is) that will prevent you from double taxation.
Case 1- if you earn $50k in the US, you owe taxes on this 50k to the US alone.
Case 2 - If you earn $10k from the Indian payroll and zero in the US, you file taxes to both India (first to the earned country) and the US (resident country). You first pay taxes in India and then take foreign tax credit in the US for the amount you paid in India. This prevents double taxation.
Case 3 - If you earn 50k in the US and 10k from India, you pay taxes on the 10k in India, you declare 60k in the US and pay taxes on the 60k to the US, but take foreign tax credit on the taxes (for income of 10k) you already paid to India.
If there is no double taxation treaty, then you pay lots more as you can't take foreign tax credit.
Quote:
Originally posted by diapatil
Hi all,
I have few questions regarding L2 visa. Apologies if this is not the right forum to post it.
I would be traveling to USA on L2 in July. I understand that I would need EAD to work in US.
1. Can I apply for EAD while I’m in India. I understand that we can apply for EAD online. However, there is confusing information. If I apply from India, I would not be having I-94. Some folks say that I-94 is mandatory whereas some say it is not mandatory. I looked up the EAD form in USCIS website. I-94 doesn’t seem to be mandatory. Also, biometrics are not required for EAD under L2. So, I don’t see any reason for waiting to reach US to apply for EAD if I-94 is not mandatory.
It takes about 3 months to get EAD. I’m currently working with a MNC which has offices in US. I would not be able to take sabbatical of 3 months (or till I get EAD). That is why I’m exploring the option of applying online while I’m still in India so that I can get EAD fast and continue to work with my current employer after I reach US (I can switch over to US payroll)
2. The other option is – Can I work from US on L2 visa with my current Indian employer, be on Indian payroll and get paid in INR credited to a bank in India, until I get my EAD? I'm okay to pay tax in both US & India.
3. Can I work from US on L2 visa with my current Indian employer, be on Indian payroll and get paid in INR credited to a bank in India, after I get my EAD? Or is it mandatory to be on US payroll and be paid in USD? Again, I'm okay to pay tax in both India & US.
Please understand that I’m not looking for any shortcut nor do I have any intentions to do anything illegal. I have been researching a lot on these topics on internet and with friends but I have only been receiving contradictory information. So, I'm reaching out to you.
Thanks for your time and help. :-)
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Dimple2001
Quote:
Originally posted by cdn_dude
Quote:
Originally posted by diapatil
Quote:
2. The other option is – Can I work from US on L2 visa with my current Indian employer, be on Indian payroll and get paid in INR credited to a bank in India, until I get my EAD? I'm okay to pay tax in both US & India.
-- This is certainly not allowed. The work authorization (including EAD) is to enable the person to work on the US soil - irrespective of the employer's location (India/US) and also irrespective of how you are getting paid.
- Thanks. My employer will not be able to give me a 3 months sabbatical (or until whenever the EAD comes). If I can't work remotely then I will have to quit the job :-(
Please let me know if there is any official website which clearly mentions that we should not work on US soil for an Indian company (without EAD). I'm not disputing it. But when I go through the USCIS, it only says that in order to work with US companies on L2, you require EAD. It doesnt really say anything about working with other companies outside US. There is no clarity on remote working.
Thanks for your time!
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This Question and Answer write up is quite long. If you have the time please explore the same. If not drop down to #10 onwards and also view the Youtube videos. There are some good answers there and I feel you should check and see what you are looking for.
http://www.immigration.com/faq/nonimmigrant-visas/h-visa#9526
This one is from another website. : Go to the very bottom for their explanations.
https://raymondpronk.wordpress.com/2014/10/21/tyrant-obamas-october-surprise-shafts-american-people-permanent-resident-cards-prc-and-employment-authorization-documentation-ead-cards-green-cards-and-work-permit-cards-the-requirement-is/
There is a physical presence rule that applies for taxation in a lot of states. So, if you are not on American Soil and not being a U.S. Citizen, I am sure that IRS cannot impose upon you any taxes, if you work from another location, distant from the U.S.
If your Parent Company has a branch plant there in India, then payment to you will not be a problem. If not, working as a contractor from India is also a possibility for you and there are many who are currently doing this to make a living, working from a remote location. You can keep on working as long as the employer agrees to the arrangement.
From a lot of links, what I gather is that working in the U.S. without an EAD is wrong. Since all of this is SIX weeks away and no one seems to know the outcome, I will refrain from making a comment and wait for the posting of total package and look for other experts legal views to that package.
Also it seems, it takes somewhere in the range of THREE months to obtain the EAD, currently. It might slowly get reduced once it gets streamlined. It is yet to be seen. Also, there is an intermediate check that they will call you for, so it becomes difficult to skip the country after applying for the EAD.
FH.
http://www.visajourney.com/timeline/eadlist.php?cfl=&op5=4,7,11,12
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Please let me know if there is any official website which clearly mentions that we should not work on US soil for an Indian company (without EAD).
-- There is no website or any law specific to working remotely for the Indian companies. There is nothing special about the Indian companies.
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But when I go through the USCIS, it only says that in order to work with US companies on L2, you require EAD.
-- I doubt it specifically says "to work with the US companies ONLY". It seems you are reading (or interpreting) what you want to read. The law is about working while in the US - that's it! Who you work for is immaterial.
