Working for my former (Canadian) employer while waiting for AOS

[rhymeswithcandi 0]

I'm sure this has been covered but I can't find it anywhere.

My former employer in Canada has been asking me to do some work for them since I've been here. Because this requires that I travel outside of the US, I haven't been able to do this as I haven't had my AP.

Now that I have AP, they are asking me to come for 2 weeks and do some work for them. I don't have a greencard yet and my EAD has not yet been approved so I know that employment in the US is out of the question. However, is it a problem to travel to do some contract work while waiting for my greencard and EAD?

Further, is it acceptable if I continue to work for my Canadian employer after my AOS has been approved?

I've heard of people doing work for Canadian companies while still here in the US and can't find anything that says this is a problem. What about traveling to work though?

[trailmix 77]

I'm sure this has been covered but I can't find it anywhere.

My former employer in Canada has been asking me to do some work for them since I've been here. Because this requires that I travel outside of the US, I haven't been able to do this as I haven't had my AP.

Now that I have AP, they are asking me to come for 2 weeks and do some work for them. I don't have a greencard yet and my EAD has not yet been approved so I know that employment in the US is out of the question. However, is it a problem to travel to do some contract work while waiting for my greencard and EAD?

Further, is it acceptable if I continue to work for my Canadian employer after my AOS has been approved?

I've heard of people doing work for Canadian companies while still here in the US and can't find anything that says this is a problem. What about traveling to work though?

I don't know much about this, but my reply will bump it up anyway!

It was discussed in this forum not that long ago, from what I remember it is frowned upon - yes it was this forum and the Husband was a truck driver in Canada and they wanted him to continue working. I think the 'frowned upon' part was about him crossing the border frequently.

Maybe someone remembers who started that thread?

Edited March 5, 2008 by trailmix

[rhymeswithcandi 0]

Thanks Trailmix!

I don't think I'll be making trips in and out too frequently (maybe every 6 weeks) so if that's the only issue, hopefully I'll be ok.

There was a point months ago when I was having problems with my AP - I was on the phone with a USCIS officer and explaining to him that it was pretty important for me to have AP for a couple of reasons 1. to go home to visit/ collect some of my things 2. travel outside of the country so I could do my job.

He jumped on #2 immediately and it went like this:

Him: (in a tone like "Gotcha! Yer SO busted NOW lady!!") "Wait a minute, you don't have employment authorization and you're WORKING?" I then replied Me: "Um... Yes, I have a CANADIAN employer and for that job I'm required to travel"

Him: "Oh." *owned!*

That exchanged affirmed to me that working for a non-US company while waiting for GC is totally kosher.

My concern is mostly with the travel part and the fact that when I come back home after working I want to be able to tell them that the purpose of my trip was to work... I want to be able to do it without any hassles.

Thanks again trailmix

[Krikit 1,165]

The AP instructions specify that the document is applicable for bona fide personal and business reasons. At an Infopass appointment, the officer did not have a problem with me travelling to Canada to work. I also performed contract work from within the US for my former Canadian employer. It is not illegal to do either one of the above. (Despite what some of the raving loonies on here might have you believe.)

[trailmix 77]

The AP instructions specify that the document is applicable for bona fide personal and business reasons. At an Infopass appointment, the officer did not have a problem with me travelling to Canada to work. I also performed contract work from within the US for my former Canadian employer. It is not illegal to do either one of the above. (Despite what some of the raving loonies on here might have you believe.)

There are raving loonies here

Hang on a minute, yes, there are raving loonies here

[Krikit 1,165]

.)

There are raving loonies here

Hang on a minute, yes, there are raving loonies here

Was just about to ask you to pass me whatever you're smoking.

[rhymeswithcandi 0]

The AP instructions specify that the document is applicable for bona fide personal and business reasons. At an Infopass appointment, the officer did not have a problem with me travelling to Canada to work. I also performed contract work from within the US for my former Canadian employer. It is not illegal to do either one of the above. (Despite what some of the raving loonies on here might have you believe.)

Haha! "Loonies"

Thanks Crikey. You've pretty much confirmed what common sense tells me.

I actually did find an old VJ thread with someone asking a similar question who was told that it was absolutely illegal to work on "US soil" regardless of where the employer was. I also found similar topics on other forums... a lot of people were saying it was a problem but I couldn't find anything in the USCIS wording that implied that at all.

I'd actually like to work with my Canadian employer as long as I can even after I have a green card (it's pretty much my dream job). I'd prefer that over pounding the pavement and looking for something comparable.

[Krikit 1,165]

I'd actually like to work with my Canadian employer as long as I can even after I have a green card (it's pretty much my dream job). I'd prefer that over pounding the pavement and looking for something comparable.

Good for you. I think that's wonderful. I'd do the same if I could. Congratulations.

[diadromous mermaid 36]

The AP instructions specify that the document is applicable for bona fide personal and business reasons. At an Infopass appointment, the officer did not have a problem with me travelling to Canada to work. I also performed contract work from within the US for my former Canadian employer. It is not illegal to do either one of the above. (Despite what some of the raving loonies on here might have you believe.)

Haha! "Loonies"

Thanks Crikey. You've pretty much confirmed what common sense tells me.

I actually did find an old VJ thread with someone asking a similar question who was told that it was absolutely illegal to work on "US soil" regardless of where the employer was. I also found similar topics on other forums... a lot of people were saying it was a problem but I couldn't find anything in the USCIS wording that implied that at all.

I'd actually like to work with my Canadian employer as long as I can even after I have a green card (it's pretty much my dream job). I'd prefer that over pounding the pavement and looking for something comparable.

The old VJ thread is correct. If an alien does not have an EAD, any work, while in the USA, for any company whereever the company is located globally is not authorized.

That said, however, you stated that you would not be working while on "US soil", so you are comparing apples and oranges.

[rhymeswithcandi 0]

The old VJ thread is correct. If an alien does not have an EAD, any work, while in the USA, for any company whereever the company is located globally is not authorized.

That said, however, you stated that you would not be working while on "US soil", so you are comparing apples and oranges.

Actually, I will be doing work while in the US. I have to set up my meetings from here via email and I will be doing quite a bit of research from here.

Where did you see/ hear this about work not being authorized regardless of company location?

[Krikit 1,165]

And so it begins.

[rhymeswithcandi 0]

And so it begins.

indeed.

All I can find on this in the INA (Immigration and Nationality Act) is pertaining to US employers unlawfully employing aliens.

INA: ACT 274A outlines the law pertaining to US companies or individuals employing non-authorized aliens. It seems pretty specific that there has to be a US employer in the equation in order for it to be an unlawful act.

[rhymeswithcandi 0]

I'd actually like to work with my Canadian employer as long as I can even after I have a green card (it's pretty much my dream job). I'd prefer that over pounding the pavement and looking for something comparable.

Good for you. I think that's wonderful. I'd do the same if I could. Congratulations.

Thanks!

I'm certainly lucky that my employer is willing to work with me given all the circumstances and the fact that I kinda bailed when I got married. My job is a little unconventional so it works I guess.

When I told my mom they wanted me to do some work for them she sounded surprised "Wow they must really like you!" Ouch mom!

Hope it can work out for a while.

[Krikit 1,165]

I'd actually like to work with my Canadian employer as long as I can even after I have a green card (it's pretty much my dream job). I'd prefer that over pounding the pavement and looking for something comparable.

Good for you. I think that's wonderful. I'd do the same if I could. Congratulations.

Thanks!

I'm certainly lucky that my employer is willing to work with me given all the circumstances and the fact that I kinda bailed when I got married. My job is a little unconventional so it works I guess.

When I told my mom they wanted me to do some work for them she sounded surprised "Wow they must really like you!" Ouch mom!

Hope it can work out for a while.

Moms can always be counted on to say the wrong things sometimes. But they give the best hugs.