At the same time another immigration official in BKK said it was illegal. Bottom line what one or another immigration official SAYS means little or nothing - What appears in Writing as an Official Immigration Police Order is what counts and that order says working in Thailand without a Work Permit is illegal
Staying in Thailand near continuously on Tourist Visas is legal - as long as the Embassy/Consulate with give you another one (the trend is limiting the number) Or as long as Thai Immigration allows you to enter (the trend is limiting entries - even one recent case where a person had a new METV but had numerous previous SETV and Exemption Entries. Result - rejected at the airport and sent back).
Or when getting a 30 day Extension to the Tourist visa. (The trend is Rejection with numerous SETV and Exempt Entries - given a denial of Extension and 7 days to leave.) This happened to 3 friends of mine.
Online work without a Work Permit - usually with a B Visa is Illegal no matter how you parse it - manipulate it. But, immigration police enforcement against it is scant. However, getting away with it is not the same as being Legal. Something could go wrong any day... pissed off partner, jealous acquaintance - snitches.
Foreign online workers cannot legally work in Thailand, there is no visa / Work Permit to allow it, but as I said previously the Thai immigration police largely overlook it. But that does not mean it can be done openly.
Visas are applied for and prosessed at Thai Embassies and Consulates around the works. Extensions of Stay are processed inside Thailand at Thai Immigration offices.
Jennifer. There are several postings here on the Smart Visa... And unless you are a big time investor it just does not apply. The Smart Visa is not remotely applicable for Digital Nomads (as was rumored months ago) unless you are going to invest 20 Million Baht and start an online services company employing both Thai and Foreign workers.
Other tips about going to the U. S. Embassy Consular Services / Notary Services in Bkk on Wireless Road...
Security is tight. Recommended that not to take but minimum items, passport, money for the fee, the prefilled in form in a clear folder and your phone if you must. The security personnel will take your items not needed for the Affidavit - put them in a plastic bag - tag them and give you a number card. I'm not sure they will even let things like backpacks in the door (bomb threats, etc.)
But there is an easy way to travel about having the things you want or need with you. Take a taxi or the Skytrain BTS (BTS station not far away). There is a fairly large office/business building across the street. There is a bank for ATMs, restaurants, restrooms, etc. Suggestion: Go with a friend - have them keep your excess stuff while they sit in air con at the coffee shop just inside the door. There is a parking garage - fee charged. Out on the sidewalk there is a pedestrian crossover / walkway bridge to the Embassy building you need to go to. I found this a way to take away any stress of moving about a big city - getting there on time, etc. Go early - be organized and comfortable Even go have a meal before or after.
When you go the U. S. Embassy on your online preset appointment date/time. Here are some suggestions: You can download the form (fill it in prior), the monthly income you declare (from outside Thailand) is in USD. I recommend that you carefully calculate your monthly income that needs to be equivalent to Thai Baht 65,000 using a reliable up to date online Exchange Rate such as daytodaydata.net) which is used by some Immigration Offices to verify the amount. Note: for general consumption the Krabi Imm office insists that the amount is 75K baht. I had to print out the Imm Police Order - lay it on the desk to get the I/O off that insistance. Other offices may try this - so be aware.