K1 visa entrant - permitted to work for UK company (in USA) without EAD?

[GoSteelers 0]

Hi, hopefully this is not a stupid question but apologies if it is.

My K-1 visa has recently been approved. When I arrive in the US and get married, I was expecting to have a 3month period (approx) when I wouldn't be able to work whilst my EAD was obtained.

But my current UK employer is completing some work in USA (I work for a large engineering consultancy), and there is a possibility I could get involved with this. I would be employed by a UK company and pay UK taxes on any earnings etc. However it is a global engineering company with headquarters in San Fransico, so the holiding company is American. I have no idea if this makes any difference.

I am aware that as a K-1 entrant I am not legally permitted to work in America until I obtain EAD. But as a British citizen am I not permitted to continue to work for a UK company? I guess the problem is that I will be working for a UK company, when based on American soil, so for that to be legal I would require a work visa (B or whatever that is?) And I doubt I would be able to apply for and obtain such a visa when I already hold a K1 visa. But my colleague at work suggests that no visas are required for these overseas projects, and the workers are simply entering the US under the visa waiver programme. I didn't realise you could work on the VWP?! Certainly not for a US company, but as it is a Uk company perhaps it is different?

In writing this post I think I have just totally confused myself even more!

The last thing I want to do is anything that is illegal and would jeopradise my right to remain and work in America. Clearly if there is any doubt then I will not take the risk.

Thanks in advance for any advice, which will be gratefully received.

[GoSteelers 0]

Does anyone have any ideas on this? Or suggestions of who I could ask to find out?... I can't believe that the staff on the USCIS phoneline are going to have a clue about it?!

Thanks again!

[mngoalie 10]

Personally, I'd think not.. When working in the US, you do have to pay US taxes even when working for a foreign company. The only exception I can think of would be a consulate, but in that case you're technically on foreign soil.

If the company does it somehow where you aren't paying US taxes, I'd be concerned about the legality of it, and if immigration found out, it could impact your K1 negatively.

I'm not a lawyer, but that's what I think..

[clem 2]

Hey

I am not lawyer and i have not experienced your situation but what i think is the following

you have 6 months to enter the US with your fiance visa

the only way you could work for your UK company is to have the company send you to the US (they would have to apply for the visa)

Would that make sense to have them get you a professional visa and be in the US for like 5 months

and then come back to UK and come again with your fiance visa?

Otherwise you are able to work on your fiance visa (as long as you re not married bc it then expires and as long as it is valid if i am not mistaken).

You might want to take this opportunity to work for your company for a maximum time frame of 3 months?

Maybe you could ask your fiance(e) to meet with an immigration lawyer? they probably know better....

Good luck!

[NigeriaorBust 4,087]

If you are collecting the money in the US then you are working in the US. IF you have left without the intention on returning to the UK it would be a tough sell that you are a UK resident working on vacation. It is always best not to try to bend immigration rules.

[Mcbride260808 1]

Hi, hopefully this is not a stupid question but apologies if it is.

My K-1 visa has recently been approved. When I arrive in the US and get married, I was expecting to have a 3month period (approx) when I wouldn't be able to work whilst my EAD was obtained.

But my current UK employer is completing some work in USA (I work for a large engineering consultancy), and there is a possibility I could get involved with this. I would be employed by a UK company and pay UK taxes on any earnings etc. However it is a global engineering company with headquarters in San Fransico, so the holiding company is American. I have no idea if this makes any difference.

I am aware that as a K-1 entrant I am not legally permitted to work in America until I obtain EAD. But as a British citizen am I not permitted to continue to work for a UK company? I guess the problem is that I will be working for a UK company, when based on American soil, so for that to be legal I would require a work visa (B or whatever that is?) And I doubt I would be able to apply for and obtain such a visa when I already hold a K1 visa. But my colleague at work suggests that no visas are required for these overseas projects, and the workers are simply entering the US under the visa waiver programme. I didn't realise you could work on the VWP?! Certainly not for a US company, but as it is a Uk company perhaps it is different?

In writing this post I think I have just totally confused myself even more!

The last thing I want to do is anything that is illegal and would jeopradise my right to remain and work in America. Clearly if there is any doubt then I will not take the risk.

Thanks in advance for any advice, which will be gratefully received.

Hi there - I was wondering if you found out any further information about this. I may have the same opportunity and my company are wondering (a) if they pay me in the U.K and employ me in the uk (for the first three months) until I have the EAD whether this would be technically ok or (b) if this fails, the option of a sabbatical for the three months - to return after EAD. I would be really interested in hearing how you got on and I can share whatever we discover too.

[GoSteelers 0]

Sorry, I never got a definitive answer but decided that for my situation it was not worth the risk. I think that this whole not working for K-1 entrants is ridiculous... I want to earn and pay US taxes like a normal member of society, but they won't let me?!?! But these are the rules I signed up to and I don't want to screw anything up by breaking/bending them - I don't think it is worth the risk (as other replies suggested).

Thanks for the comments.

Hope you figure out your conundrum