foreign employment and ead

[rebeccajo 14]

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.

...which means exactly the same thing as a K1 who is adjusting, which means Advanced Parole.

Meaning that if one's adjustment takes longer than two years (yes it does happen) they would need AP to cross the border.

A one-time consult with good competent immigration counsel will probably cost you less than $200 - on the outside. A good investment in my book.

Edited February 12, 2007 by rebeccajo

[CutienPurg 0]

14.8)...My status as K3 is about to expire, and I am still waiting approval of AOS. Is there anything I can do to keep my status?

A..Yes, you can apply for an extension of status with the USCIS (INS). This will enable you to leave the United States and return without needing Advance Parole. It is probably a good idea to extend the K3/K4 status if you plan on being outside the country.

As with renewal of EADs, your application for extension of status as K3/K4 will not be approved if you have never applied for Adjustment of Status, unless you show that your initial I-130 petition is still awaiting approval, or, if the I-130 was approved, that you have applied for an immigrant visa at a U.S. Consulate.

Thanks everyone

[Killer_Clown_2009 0]

It's actually not all that complex. Lots of people on the CAN/US border work in one country while living in another. That's just my take on it, which may be skewed by living on the border all my life and not seeing this as a huge issue. If he is eligible to leave and reenter the US on his K-3 Visa, there shouldn't be any problems.

[Dr_LHA 3]

It's actually not all that complex. Lots of people on the CAN/US border work in one country while living in another.

Yes, but most of those people are not doing it while AOS is pending. This is what makes it difficult. Canadians are used to being able to move freely between the USA and Canada. The fact is once you start getting into the Green Card application process, your ability to do that is taken away unless you have special permission to do so.

[rebeccajo 14]

14.8)...My status as K3 is about to expire, and I am still waiting approval of AOS. Is there anything I can do to keep my status?

A..Yes, you can apply for an extension of status with the USCIS (INS). This will enable you to leave the United States and return without needing Advance Parole. It is probably a good idea to extend the K3/K4 status if you plan on being outside the country.

As with renewal of EADs, your application for extension of status as K3/K4 will not be approved if you have never applied for Adjustment of Status, unless you show that your initial I-130 petition is still awaiting approval, or, if the I-130 was approved, that you have applied for an immigrant visa at a U.S. Consulate.

Thanks everyone

CutienPurg, I'm curious as to your source.

[CutienPurg 0]

http://www.visajourney.com/faq/k3k4visa-aos.html

[rebeccajo 14]

Very good.

So is it your contention that should AOS become protracted for a K3, that one can simply ask for the K3 to be 'extended'? Thus avoiding filing for Advance Parole?

And even if this is so (which it very well may be) how does that resolve the initial question of legal employment?

I'm not trying to be hard to get along with. I just think this question is beyond the realm of web-research and worthy of legal guidance.

[CutienPurg 0]

I agree, the answer isn't as simple as it may appear but I also have considered that it may not be as complicated either.

My understanding is that the K-3 can be extended as long as AOS has been filed and the K-3 has not been allowed to expire. If the K-3 expires and one finds it necessary to travel outside of the US before AOS has been approved, I agree with you that AP would be necessary.

That being said, I cannot say honestly how it would address the issue of foreign employment. I suppose my concern with a legal consultation is the uniqueness of the situation. In the definition of the EAD it constantly addresses the issue of employment " in the U.S." not " while in the U.S.. and for me that is the issue at hand.......the wording. I am by no means suggesting a consultation is out of the question or unnecessary but merely posing the concern of " how do we know for sure?". The likelihood of someone having extensive experience with this topic seems low to me.

Just out of curiosity........what are the ramifications to the immigrant for working without authorization?

[rebeccajo 14]

Ramifications of working without authorization? To what?

My understanding is that if the adjustee is filing to adjust based on a family petition, the unauthorized employment is forgiven. As with anything else in immigration, I imagine this is somewhat subject to the adjudicator's perspective and that old catch-phrase 'totality of circumstance' which is used more than once in the AO's Field Manual. But on it's own, I believe the practice is 'forgiveable'.

The ramifications to the employer are much greater. Fines and possible imprisonment.

The problem with unauthorized employment is our laws put the onus on the employer, who is supposed to ask all new hires to complete the I9 form and collect documentation from non-USC's as to their employment status. Failure to do so can get them into all sorts of hot water. That's why many employers will insist that should an EAD lapse before a renewal is issued, the employee take a hiatus.

[CutienPurg 0]

So......a Canadian employer would have no requirement to check a Candian citizen's authorization to do work in Canada while living in the US. My biggest concern was the complications working in Canada would cause with his immigration status. Many USC's work in Canada without issue but as you have so often stated........the same rules do not apply when you are only a legal resident.

[rebeccajo 14]

So......a Canadian employer would have no requirement to check a Candian citizen's authorization to do work in Canada while living in the US. My biggest concern was the complications working in Canada would cause with his immigration status. Many USC's work in Canada without issue but as you have so often stated........the same rules do not apply when you are only a legal resident.

I'd be wallowing around in tax issues too, if it were me. There may be reciprocity but I'm uncertain.

The more I think about this the more uncertain I am. It may be less complicated than it seems, but I wouldn't bank on it. One shade of gray can turn the entire picture black sometimes.

[CutienPurg 0]

Ive considered tax issues as well, but then again I go back to the USC working in Canada issue.

The only consistent hangup for me is the EAD and the definition thereof....... is it authorization to work IN the US or work WHILE IN the U.S.? Without a specific " case in point " to go from , my sense is that it will remain a grey area even for the legal sector. I guess it will come down to the thinking of the person adjudacting the case and how well we can explain our intent if the circumstances call for that. Bottom line is, I think it will be a matter of how willing we are to risk it.

**sigh**

[rebeccajo 14]

I don't know why you feel it would be a grey area for the legal sector. Unless you are unable to determine that competency of the counsel you have hired.

I'm not one for risk-taking with either immigration or my taxes. But that's just me.

[rebeccajo 14]

I don't know why you feel it would be a grey area for the legal sector. Unless you are unable to determine the competency of the counsel you have hired.

I'm not one for risk-taking with either immigration or my taxes. But that's just me.

[Killer_Clown_2009 0]

It'd be cool to see the US Government try to fine the Canadian Government for hiring a Canadian to work on Canadian soil. Make for a good news headline.