Here’s what I really can’t understand: if you enter on a B1/B2, file an EB-2 NIW on your own without an attorney and simultaneously file for Adjustment of Status (AoS), can you continue working remotely for a corporation in Serbia? There is a corporation both in Serbia and in the States, but I would be working for the Serbian legal entity — salary paid from there, employment contract there. Logically it’s not a “gray area,” since the employer is foreign and has nothing to do with the U.S. labor market — but how legal is this under U.S. rules during AoS? A transfer within the corporation may not be possible quickly, which is why I’m interested in this option.
Question about remote work for a foreign employer while AoS (Adjustment of Status) is pending — I also couldn’t find a clear answer anywhere. Formally, after filing the I-485 you can immediately file for an EAD (Employment Authorization Document), but until it arrives it’s a gray area. As for the foreign employer, the argument is logical — they pay from Serbia, the contract is there — but I’ve heard that lawyers’ opinions differ specifically on this point: some say it’s fine, others that it’s risky because of physical presence in the U.S.
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If the payment is Serbian and the contract is there — formally it doesn’t look like U.S. employment, EAD isn’t critical.
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