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jbiel590

Foreign Phd work OK prior to EAD?

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Filed: K-1 Visa Country: Netherlands
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My fiancee recently began a Phd prgram in her home country. While she is a "student" in a sense, she is paid - similar to a stipend in the U.S. I suppose. She may be permitted to remain in the program while residing in the U.S. She would basically write papers and do research in the U.S. and would travel back home a few times a year to meet with her supervisor, attend meetings, etc.

The problem I see is that she would have to seamlessly continue the program immediately upon arriving here, so waiting months for the EAD would be out of the question. Would this be considered "work" that would fall under the rules of the EAD? We're hoping that the Phd aspect qualifies it as education as opposed to employment. Anyone been in a similar situation?

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She probably would be waiting just as long for the AP to travel outside of the US (90 days or so) as she would be for the EAD.

I'm not sure if this would count - most things I have read about the EAD tend to lean toward US based employers/jobs though.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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