Keeping your UK employment in the USA

[Krikit 1,164]

Oops, sorry. I completely missed this thread. I tend to only focus on the Off Topic thread. lol

In my own situation, I did the same thing.... worked on contract for my former Canadian employer after moving to the US. The CO never asked about it during the interview, and I never volunteered the information. It's not an issue, though, because employment authorization doesn't apply because it's not an American company. You just need to remember to claim your foreign income on your American tax return.

That's wrong btw, chances of getting caught is low.

Both myself and another Canadian (and I'm sure many others whom I am unaware of) have both had it confirmed by officers working for USCIS that it is perfectly legal. The INA (Immigration and Nationality Act) INA: ACT 274A outlines the law pertaining to US companies or individuals employing non-authorized aliens. It's specific in that there has to be a US employer in the equation in order for it to be an unlawful act.

That's quite funny.

There is an Immigration Lawyer on another board who is always expressing surprise at people's willingness to accept at face value USCIS etc pronouncements on such matters.

Just think it through logically and you would realise it is so.

Sigh. I did an InfoPass and spoke directly with a knowledgeable agent. They're not ALL uninformed, you know. Just as not all lawyers know what they are talking about. Just as your readings on another board do not make it so. It's the law which matters. And I have abided by the law. Logic has nothing to do with it.

[Boiler 45,468]

Oops, sorry. I completely missed this thread. I tend to only focus on the Off Topic thread. lol

In my own situation, I did the same thing.... worked on contract for my former Canadian employer after moving to the US. The CO never asked about it during the interview, and I never volunteered the information. It's not an issue, though, because employment authorization doesn't apply because it's not an American company. You just need to remember to claim your foreign income on your American tax return.

That's wrong btw, chances of getting caught is low.

Both myself and another Canadian (and I'm sure many others whom I am unaware of) have both had it confirmed by officers working for USCIS that it is perfectly legal. The INA (Immigration and Nationality Act) INA: ACT 274A outlines the law pertaining to US companies or individuals employing non-authorized aliens. It's specific in that there has to be a US employer in the equation in order for it to be an unlawful act.

That's quite funny.

There is an Immigration Lawyer on another board who is always expressing surprise at people's willingness to accept at face value USCIS etc pronouncements on such matters.

Just think it through logically and you would realise it is so.

Sigh. I did an InfoPass and spoke directly with a knowledgeable agent. They're not ALL uninformed, you know. Just as not all lawyers know what they are talking about. Just as your readings on another board do not make it so. It's the law which matters. And I have abided by the law. Logic has nothing to do with it.

The law requires you to have Employment Authorisation.

There are certain situations where a Visitor can engage in Business Activities, attending meetings etc, this is not one of them.

You have no right to rely on what the USCIS told you, the Supreme Court has said so.

Just think, if Employees of Foreign Companies were somehow exempt, they could do away with a whole slew of Visa classifications.

If you want legal advice on immigration Law, see an Immigration Lawyer, at least the mis-information line were honest enough to say they do not know.

[Krikit 1,164]

The law requires you to have Employment Authorisation.

There are certain situations where a Visitor can engage in Business Activities, attending meetings etc, this is not one of them.

You have no right to rely on what the USCIS told you, the Supreme Court has said so.

Just think, if Employees of Foreign Companies were somehow exempt, they could do away with a whole slew of Visa classifications.

If you want legal advice on immigration Law, see an Immigration Lawyer, at least the mis-information line were honest enough to say they do not know.

You're like a dog with a bone. I have no right?! What a pompous a$$ you are.

Yes, you are right. The US government authorized me to work illegally, and then I reported those illegal gains to them. I am a guest of the US by permission only. My husband works for the US Dept of Justice and we both are required to have special clearances and are investigated regularly. We would have to be complete morons to do something criminal. Did you even read the INA and labor law acts? You are so uninformed.

Oh and, btw, you don't seek advice from an immigration lawyer for labor law.

[Boiler 45,468]

The law requires you to have Employment Authorisation.

There are certain situations where a Visitor can engage in Business Activities, attending meetings etc, this is not one of them.

You have no right to rely on what the USCIS told you, the Supreme Court has said so.

Just think, if Employees of Foreign Companies were somehow exempt, they could do away with a whole slew of Visa classifications.

If you want legal advice on immigration Law, see an Immigration Lawyer, at least the mis-information line were honest enough to say they do not know.

You're like a dog with a bone. I have no right?! What a pompous a$$ you are.

Yes, you are right. The US government authorized me to work illegally, and then I reported those illegal gains to them. I am a guest of the US by permission only. My husband works for the US Dept of Justice and we both are required to have special clearances and are investigated regularly. We would have to be complete morons to do something criminal. Did you even read the INA and labor law acts? You are so uninformed.

Oh and, btw, you don't seek advice from an immigration lawyer for labor law.

Work authorisation is a matter of Immigration Law.

IRS and USCIS are very different, messing around with the USCIS is one thing, but I understand most illegals do not mess around with IRS. After all it was the IRS that got Al Capone.

I really do not care what you do for yourself, but other people should be aware of what they are doing, they can then make their own call.

[Jeraly 4]

The law requires you to have Employment Authorisation.

There are certain situations where a Visitor can engage in Business Activities, attending meetings etc, this is not one of them.

You have no right to rely on what the USCIS told you, the Supreme Court has said so.

Just think, if Employees of Foreign Companies were somehow exempt, they could do away with a whole slew of Visa classifications.

If you want legal advice on immigration Law, see an Immigration Lawyer, at least the mis-information line were honest enough to say they do not know.

You're like a dog with a bone. I have no right?! What a pompous a$$ you are.

Yes, you are right. The US government authorized me to work illegally, and then I reported those illegal gains to them. I am a guest of the US by permission only. My husband works for the US Dept of Justice and we both are required to have special clearances and are investigated regularly. We would have to be complete morons to do something criminal. Did you even read the INA and labor law acts? You are so uninformed.

Oh and, btw, you don't seek advice from an immigration lawyer for labor law.

Krikit - I love you - you can advise me anytime you want to

[Scarlett 0]

Well. I hate to say this, but the infopass appointment was not helpful. The person that my fiance spoke to said just gave the predictable answer that I needed to apply for EAD when I got here. So I am going to ask him to investigate it and go back for another appointment.

Where the heck can I go to get legal advice on K1 visa issues?

[Boiler 45,468]

That was the right answer.

For Legal Advise you need a lawyer.

You can also ask here:

http://britishexpats.com/forum/forumdisplay.php?f=35

[Usui Takumi 1,562]

Hi, I realize this is probably a dead post but in case the original poster or others are still curious i'll pass on how my attorney explained it to us. The visa holder is authorized to work and get a SSN by entering the country with a K1. However to get objective proof of the authorization the visa holder needs an EAD or work permit.

Therefore if the visa holder can get a SSN and a job without an EAD they will suffer no penalty. However the SSA and an employer would be within their authority to deny the SSN and employment if the holder doesn't have an EAD.

So basically if your looking for work in the US its a catch 22 because while you CAN work its very hard to PROVE this to an employer. Obviously with a foreign employer no proof is required.

[MissusM09 1]

wow arent you lucky. What i want to know is, 1. what job do you do that you can do it both here and in the US, and 2. Are they hiring??????????????????????????????????????

please tell

Prima

[NickyMcMillan 0]

So basically if your looking for work in the US its a catch 22 because while you CAN work its very hard to PROVE this to an employer. Obviously with a foreign employer no proof is required.

Exactlty. I'm not even sure how useful the EAD is? Unless you have a job lined up. Employers I asked, they would not consider employing me with a 90 day stamp.

[Scarlett 0]

Hello! Thanks for that advice from the attourney. That is reassuring.

I work as a fundraiser for a UK university, raising money from our US graduates. It makes total sense for me to relocate and keep working.

USCIS said that while the law is unclear, I should keep working and apply for the paperwork as normal, so that is what I was planning to do.