Working for Canadian Company

[Kathryn41 3,205]

With all that has been discussed here about the intending immigrant not being allowed to continue to work for their foreign employer after their arrival in the US, I am curious how that aligns with this statement in the Affidavit of Support I-864 application under other income that can be counted if the petitioner cannot meet the support obligations on their own:

Income from the intending immigrant, if that income willcontinue from the same source after immigration, and if theintending immigrant is currently living in your residence. Ifthe intending immigrant is your spouse, his or her incomecan be counted regardless of current residence, but it mustcontinue from the same source after he or she becomes alawful permanent resident.

I think this can be used as an argument in support of continuing to work for your Canadian employer after he is in the US.

I am also curious about how those who 'border cross' to work every day in Canada handled this. Did they take a leave of absence from their Canadian employers while waiting for EAD/AOS? K-3s in particular are allowed to cross the border so have no problems leaving the country and returning on a daily basis. Their income continues to be the same and they are still working for the employer they worked for when living in Canada. It looks like they are allowed to include their income for AOS from employment prior to AOS if they are married to their US sponsor. It doesn't state anywhere that this must be US based income.

I don't think the issue is as clear cut as some believe.

Edited April 26, 2009 by Kathryn41

[July09Bride 1]

With all that has been discussed here about the intending immigrant not being allowed to continue to work for their foreign employer after their arrival in the US, I am curious how that aligns with this statement in the Affidavit of Support I-864 application under other income that can be counted if the petitioner cannot meet the support obligations on their own:

Income from the intending immigrant, if that income willcontinue from the same source after immigration, and if theintending immigrant is currently living in your residence. Ifthe intending immigrant is your spouse, his or her incomecan be counted regardless of current residence, but it mustcontinue from the same source after he or she becomes alawful permanent resident.

I think this can be used as an argument in support of continuing to work for your Canadian employer after he is in the US.

I am also curious about how those who 'border cross' to work every day in Canada handled this. Did they take a leave of absence from their Canadian employers while waiting for EAD/AOS? K-3s in particular are allowed to cross the border so have no problems leaving the country and returning on a daily basis. Their income continues to be the same and they are still working for the employer they worked for when living in Canada.

I don't think the issue is as clear cut as some believe.

Ohhh.... Good catch, Kathryn! Definitely interesting. I wonder if the the right-hand of the USCIS knows what the left-hand is sharing in the form of information?

[Reba 2]

Trust funds can continue, and I've known a couple or few former VJers over the years who have "self sponsored" because they were trust frund babies.

[ashenflowers 5]

Correct. He cannot legally work in the US, even for a foreign company, until he has EAD.

Unfortunately, the law has not kept up with technology. So while it is technologically possible, it is not legally advisable.

K1 is work authorized, but only if he gets the stamp at POE I think. And only for the 90 days. So the quicker you get married and file AOS/EAD the better.

Could you specifically request a stamp at the POE? Would bringing a letter from a potential employer in the US encourage them to do so?

[July09Bride 1]

Correct. He cannot legally work in the US, even for a foreign company, until he has EAD.

Unfortunately, the law has not kept up with technology. So while it is technologically possible, it is not legally advisable.

K1 is work authorized, but only if he gets the stamp at POE I think. And only for the 90 days. So the quicker you get married and file AOS/EAD the better.

Could you specifically request a stamp at the POE? Would bringing a letter from a potential employer in the US encourage them to do so?

Unfortunately, no (from my understanding)... that would be good for a work Visa. They very rarely grant (in fact recently, I believe all POEs stopped granting) EADs at the POE.

Such a BUMMER for those of us going through the process now!

[trailmix 77]

With all that has been discussed here about the intending immigrant not being allowed to continue to work for their foreign employer after their arrival in the US, I am curious how that aligns with this statement in the Affidavit of Support I-864 application under other income that can be counted if the petitioner cannot meet the support obligations on their own:

Income from the intending immigrant, if that income willcontinue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

I think this can be used as an argument in support of continuing to work for your Canadian employer after he is in the US.

I am also curious about how those who 'border cross' to work every day in Canada handled this. Did they take a leave of absence from their Canadian employers while waiting for EAD/AOS? K-3s in particular are allowed to cross the border so have no problems leaving the country and returning on a daily basis. Their income continues to be the same and they are still working for the employer they worked for when living in Canada. It looks like they are allowed to include their income for AOS from employment prior to AOS if they are married to their US sponsor. It doesn't state anywhere that this must be US based income.

I don't think the issue is as clear cut as some believe.

It is interesting.

What about this part - 'after he or she becomes a lawful permanent resident'

That part of the quote would seem to indicate that you have to wait until you are deemed to be a permanent resident - which you really aren't with a K1 or K3 until you Adjust Status - correct?

[Kathryn41 3,205]

It seems to me that quote says that you as the immigrant can use that source of income towards the affidavit of support as long as that source of income is going to continue to exist after you become a permanent resident. Working for a foreign employer, if it can be done at a distance, sounds like it qualifies if that income source will continue to exist after AOS is granted. Since an EAD wouldn't be issued until after the AOS application has been submitted (unless you are adjusting from an employment based visa), that means it may be non-EAD employment. That means, you would be working prior to AOS as well as after AOS from the same income source. Nowhere does it mention that that income source is a) not employment based or b ) only US based, c) on an existing EAD - which implies non-US based non-EAD based employment is allowed.

Edited April 29, 2009 by Kathryn41

[trailmix 77]

It seems to me that quote says that you as the immigrant can use that source of income towards the affidavit of support as long as that source of income is going to continue to exist after you become a permanent resident. Working for a foreign employer, if it can be done at a distance, sounds like it qualifies if that income source will continue to exist after AOS is granted. Since an EAD wouldn't be issued until after the AOS application has been submitted (unless you are adjusting from an employment based visa), that means it may be non-EAD employment. That means, you would be working prior to AOS as well as after AOS from the same income source. Nowhere does it mention that that income source is a) not employment based or b ) only US based, c) on an existing EAD - which implies non-US based non-EAD based employment is allowed.

True - but the I-864 is also used for other visas - like the IR1/CR1 - and a K visa is a non-immigrant visa.

I'm not saying that a K person is not entitled to work, or work cross border or anything btw - just think it's an interesting topic.

Edited April 29, 2009 by trailmix

[WalkonWildSide 0]

K1 is work authorized, but only if he gets the stamp at POE I think. And only for the 90 days. So the quicker you get married and file AOS/EAD the better.

Do a quick search, IIRC in March 2009 K1 visa holders are no longer work authorized even with the stamp - which they shouldn't give.

[JillA 2]

K1 is work authorized, but only if he gets the stamp at POE I think. And only for the 90 days. So the quicker you get married and file AOS/EAD the better.

Do a quick search, IIRC in March 2009 K1 visa holders are no longer work authorized even with the stamp - which they shouldn't give.

Maybe this is why K-1ers are having a hard time with EI, because of this change.

[ashenflowers 5]

K1 is work authorized, but only if he gets the stamp at POE I think. And only for the 90 days. So the quicker you get married and file AOS/EAD the better.

Do a quick search, IIRC in March 2009 K1 visa holders are no longer work authorized even with the stamp - which they shouldn't give.

Maybe this is why K-1ers are having a hard time with EI, because of this change.

awwww man..... That is bad news, my friends... bad news!!!

[Kathryn41 3,205]

That is authorization to work in the US - not to continue employment for their foreign employer if they can do so. To collect EI you have to be available for work and if you are working in the US, until you have documentation to work in the US you are not available for work - hence no EI. Different kettle of fish than working for an ongoing employer.

And yes, I realize the AOS is for other categories of applicants. I still think that, in lack of information to the contrary, what is said in the I-864 affidavit of support is very interesting.

[trailmix 77]

I did it, and so did a lot of others. It's not illegal. Though you'll find many on VJ who will argue the point. Some feel they are experts in things which they have no expertise or background in. Suffice it to say they are wrong and don't even bother arguing the point.

The EAD only authorizes work for an American employer. The US has no jurisdiction for authorizing employment for a Canadian-based company. Just make sure the Canadian company knows he's a non-resident so he gets taxed appropriately, then claim that income in both your US and Canadian tax return. Easy peasy.

I'm popping this answer up to the top