foreign employment and ead

[CutienPurg 0]

My husband is a Canadian citizen and hopefully will be arriving here on a K-3 in the next 6 weeks or so. Currently he is enlisted in the Canadian military and will separate upon receiving notice of his k-3 interview. Being he has served 21 years and is now reached pensionable status, he can do that by giving 30 days notice of his desire to separate. He has applied for employment with Canada Border Services Agency and as a prior military member( and if qualified for the position) he is eligible for priority hiring in the federal public service sector. Because he will be receiving a pension it is not imperative that he find employment as that pension will be adequate for him to support himself so we most likely will not be applying for EAD when he does his AOS.

Now, the question(s).........

Lets say he does receive an offer of employment from CBSA at any point immediately after leaving Canada but before receiving his green card.

Can he take it or will he require EAD since he will be considered a US resident/tax payer at some point this year?

Is EAD required only for employment within the US or is it a requirement for all US residents regardless of the location of the employment?

Also, what if he obtains employment with CBSA before acquiring/activating his k-3, would he be required to leave his employment once becoming a US resident, until he receives EAD or a GC?

I did discuss this briefly with CIS before we applied for the k-3 and in that conversation the only visas discussed were k-3 and k-1. I asked if it were possible for my husband to work in Canada and she said it would depend on which visa he applied for. In retrospect I wasn't informed enough about the process to ask for clarity and assumed she meant if he got a k-3 he could and with a k-1 he couldn't...........now I don't know what she was implying.

Anyway....hopefully someone can shed some light on this.

[edsperfect 25]

My husband is a Canadian citizen and hopefully will be arriving here on a K-3 in the next 6 weeks or so. Currently he is enlisted in the Canadian military and will separate upon receiving notice of his k-3 interview. Being he has served 21 years and is now reached pensionable status, he can do that by giving 30 days notice of his desire to separate. He has applied for employment with Canada Border Services Agency and as a prior military member( and if qualified for the position) he is eligible for priority hiring in the federal public service sector. Because he will be receiving a pension it is not imperative that he find employment as that pension will be adequate for him to support himself so we most likely will not be applying for EAD when he does his AOS.

Now, the question(s).........

Lets say he does receive an offer of employment from CBSA at any point immediately after leaving Canada but before receiving his green card.

Can he take it or will he require EAD since he will be considered a US resident/tax payer at some point this year?

Is EAD required only for employment within the US or is it a requirement for all US residents regardless of the location of the employment?

Also, what if he obtains employment with CBSA before acquiring/activating his k-3, would he be required to leave his employment once becoming a US resident, until he receives EAD or a GC?

I did discuss this briefly with CIS before we applied for the k-3 and in that conversation the only visas discussed were k-3 and k-1. I asked if it were possible for my husband to work in Canada and she said it would depend on which visa he applied for. In retrospect I wasn't informed enough about the process to ask for clarity and assumed she meant if he got a k-3 he could and with a k-1 he couldn't...........now I don't know what she was implying.

Anyway....hopefully someone can shed some light on this.

I believe you have a more complicated matter than you think. A lot of depends on you personal, financial and work situation.

The medical benefits which he gets as a govt. retiree in Canada would probably be affected by his living in the USA. In addition he should check ifCanada will employ a person that i not a resident of thecountry. That he can find out by checking with Canada.

It might be easier all te way around if you moved to Canada.

[CutienPurg 0]

Thanks Eds......

As far as his medical benefits and pension are concerned, we have looked into his ability to receive those while living out of the country and that will not be an issue. His insurance is not a provincial health plan.

His obtaining employment with the Canadian govt is not a requirement as much as a desire on my husband's part. It's something he had always wanted to do upon retiring from the CF.....then we met of course and things changed. In some situations it is required to be a resident of Canada to meet the job criteria but not all. Again all of this has been researched.

Our only area where we lack information is whether an EAD/GC is required for employment out of the country,while in the US on a k-3.

I appreciate your words and time Eds

[TomandLaura 2]

Your topic is very timely for me as well, and I'd like to see if you get more feedback. I just recieved my K3 from Montreal and I'm waiting before moving to find the answer to your question. I am self-employed and do contract work and I have a contract in Canada next month. I have been wondering what the lack of an EAD will mean. Do you need it only to work in the US? If I file a US tax return next year and show self-employment income for work done outside the US while I had no EAD will immigration kick me out? Or is it okay to work outside the US, just not within the US?

My wife has been trying to reach accountants, lawyers, and USCIS for advice, but no one is returning her calls.

Tom

[CutienPurg 0]

I googled the topic of EAD and foreign employment and according to a paragraph on ***removed***, it suggests that EAD is not required if you are authorized to work for a specific employer , such as a foreign government. Now, I'm not sure that applies in our particular circumstances.

For whatever reasons, I'm not holding out much hope for guidance on this board regarding this topic. If I do learn anything I will be sure and keep you informed and I hope you will do the same.

Here's the link to the page where I found the paragraph..........see what you think.

http://www.***removed***/immigration/employ...n-document.html

[Killer_Clown_2009 0]

I don't think that there is (or should be) any issues with him doing work outside of the US. He will not be physically present in the USA while working. I did look into this before (kinda), as I had an online side job (Canadian company) and could do it anywhere, however because I would be physically present in the US while working, I was not allowed to do it without EA.

[CutienPurg 0]

That makes sense.

Thanks Jane I really do appreciate you taking the time to reply

[TomandLaura 2]

My wife finally got through to USCIS on the phone and they said that as long as I did the work outside of the US I did not need an EAD. If I did the work IN the US then I would have to have the EAD. That fits with what Jane said above, so I've gone ahead and made plans to move for next weekend. In the meantime I am still going to look for one more person to back that opinion. After all, too many on this forum have called the USCIS phone help the "misinformation line".

As to your link to the other site CutienPurg, I think it was referring to a person working in an embassy or consulate that is located in the US. For instance, if I am Canadian and have a job in the Canadian Embassy located in the US, then technically the Embassy is considered Canadian soil and I would then be working 'in' Canada, therefore no EAD would be required.

If I find out anything else this week I'll post it here.

Tom

[CutienPurg 0]

That's very good news for all of us Tom!!!!!

As I mentioned in my post regarding the link.... I wasn't sure it applied but I'm always one to question when there is opening to do so. Since it said " such as " and didn't limit the options to specific examples , it left me open to wonder. Your example makes absolute sense. The more I chew on the concept of employment authorization , it seems to me that it is a protection mechanism put in place to ensure employers are only hiring workers entitled to do so. Considering you have a SIN, your work in Canada (and my husband's)would be reported and taxed and later claimed on taxes..........which at the end of the day isn't that really what the govt's concern is.

Anyway , I'm very happy for you.............good luck on your move!!!!!

[TomandLaura 2]

Hi CutienPurg,

I thought I would fill you in on the latest. My wife and I met with a cpa accountant here in Virginia yesterday. He also agreed that the ead was only applicable if you want to work within the U.S. and has no bearing in my situation, and therefore your husband's either. I put additional weight on his opinion because his wife is from Venezuela and he went through the immigration process 7 years ago, and as well he has clients that are Canadian and have business interests in the US.

If your husband decides to continue working in Canada while living in the US, naturally I would encourage you to see an accountant as well, and not just assume that I am correct.

Best of Luck to you:-)

Tom

[CutienPurg 0]

Tom ,

Thank you so much for getting back with me...............that's really good news for all of us.

My best to you in your endeavors

[cdancer 0]

OFF TOPIC HERE...I JUST HAVE TO SAY I LOVE YOUR BUBBLES PIC...SO CANADIAN..MADE ME LMAO!!! SNICKER...SNICKER...

[rebeccajo 14]

I really think the best place to get an answer to this question is not on the web or by speaking with an accountant.

A quick consult with a COMPETENT immigration attorney should answer the question.

[Dr_LHA 3]

I have to agree with rebeccajo here, this is a very complex situation and a lawyer should be consulted. For one thing, if your husband works as a border patrol officier while filing AOS, doesn't that mean that he will be leaving the country every day to go to work? Generally leaving the country during AOS is not the greatest idea unless you have a valid visa to do so. Is the K-3 a multiple entry visa that remains valid after you file AOS? I didn't think so personally, but I might be wrong.

[CutienPurg 0]

I have to agree with rebeccajo here, this is a very complex situation and a lawyer should be consulted. For one thing, if your husband works as a border patrol officier while filing AOS, doesn't that mean that he will be leaving the country every day to go to work? Generally leaving the country during AOS is not the greatest idea unless you have a valid visa to do so. Is the K-3 a multiple entry visa that remains valid after you file AOS? I didn't think so personally, but I might be wrong.

14.6)...Does the K3 status change after applying for Adjustment of Status?

A...The K3/K4 status does not change *because* an AOS application has been filed. The K3/K4 status expires on its own, generally after two years. However, after the K3/K4 status has expired, but prior to gaining approval for permanent residency, the status will be a "period of stay authorized by the Attorney General", based on being an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application.