foreign employment and ead

[Killer_Clown_2009 0]

The idea of employment authorization is to make sure that people who are not legally entitled to work in the US are taking jobs from Americans. Seeing as this work takes place outside of the US, in Canada, for a Canadian employer, it in no way violates US employment rules (or immigration laws).

[CutienPurg 0]

Not so much competency as much as experience. As I stated earlier, I cant imagine this situation is all that common albeit not unheard of. So, without specific experience on the topic it would pretty much come down to the intent of the law vs each person's interpretation of the law, wouldn't you think?

This is the scenario Ive considered;

I consult an attorney, lay out the facts and they , based on limited or no experience, interpret the rule as it is written. Let's say they conclude that " work in the US" means exactly that and we go forward with our "plan". Forward to interview day and the adjudicator interprets the rule as " work while in the US " and deems the employment as unauthorized. Where is our legal leg?

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.

LOLOLOLOLOL

and you know they would try if they thought they could

[rebeccajo 14]

Lawyers usually don't offer advice just by reading the code. They go by case precedent, personal and peer-based knowledge, and their personal confidence in being able to advocate.

Good ones, anyway.

[CutienPurg 0]

I think the logical solution would be to apply for EAD as a CYA maneuver.

So putting aside the issue of attorney's, maybe we can debate another angle of this issue, which may be more significant in our situation.

For the sake of debate........

IF he were to obtain employment in Canada, say with CBSA, and IF he were to be ideally assigned to a Michigan shared border post thereby making the commute possible, would he be able to continue working during his adjustment period without or before issuance of EAD

?

[TomandLaura 2]

There is no doubt that you have a point rebeccajo, and seeing a lawyer would do no harm. As for myself I would prefer to have an ead regardless of where I am working, but unfortunately I'm still waiting for my I-130 to be approved and I can't apply for AOS or the EAD until then (according to USCIS info line). And since I need to work my wife called the info line and they said there was no problem, and that the ead was all about working within the US. And I realize that whether or not to trust the info line is a hot topic all on it's own.

The K3 visa is valid for two years and I understand it can be extended, and as long as it is valid it is a multiple entry visa and should not be affected by the AOS application. A K1 visa is only valid for 90 days and you need to file the AOS so that you are not out of status after the K1 expires. I think the two visas are different enough that we can't use them for comparisons in this instance.

Even if you see a lawyer cutienpurg, I still think you need to see an accountant because there are definite tax implications for working in Canada.

It's interesting how this topic seemed to suddenly generate interest after being so 'idle'. Thanks for everyone's input.

Tom

I think the logical solution would be to apply for EAD as a CYA maneuver.

So putting aside the issue of attorney's, maybe we can debate another angle of this issue, which may be more significant in our situation.

For the sake of debate........

IF he were to obtain employment in Canada, say with CBSA, and IF he were to be ideally assigned to a Michigan shared border post thereby making the commute possible, would he be able to continue working during his adjustment period without or before issuance of EAD

?

[meauxna 15]

I think the logical solution would be to apply for EAD as a CYA maneuver.

So putting aside the issue of attorney's, maybe we can debate another angle of this issue, which may be more significant in our situation.

For the sake of debate........

IF he were to obtain employment in Canada, say with CBSA, and IF he were to be ideally assigned to a Michigan shared border post thereby making the commute possible, would he be able to continue working during his adjustment period without or before issuance of EAD

?

You might want to go so some searching at the alt.visa.us.marriage-based group BritishExpats group.

The K-3 covers exactly what you want, CP.

Living in the US.

Working in Canada.

Clear to cross the border freely as a K-3.

A US work permit has nothing to do with this. It's not even such an uncommon situation (tho I haven't seen it posted much here). I agree with everything in your post here, except applying for EAD. Do that only if he wants to do the work in the US.

[meauxna 15]

but unfortunately I'm still waiting for my I-130 to be approved and I can't apply for AOS or the EAD until then (according to USCIS info line). And since I need to work my wife called the info line and they said there was no problem, and that the ead was all about working within the US. And I realize that whether or not to trust the info line is a hot topic all on it's own.

Tom, if you are eager to file for your AOS, you should look into this further.

I believe it is no longer required to have an approved I-130 to file for AOS from a K-3--that is old data.

[CutienPurg 0]

You might want to go so some searching at the alt.visa.us.marriage-based group BritishExpats group.

The K-3 covers exactly what you want, CP.

Living in the US.

Working in Canada.

Clear to cross the border freely as a K-3.

A US work permit has nothing to do with this. It's not even such an uncommon situation (tho I haven't seen it posted much here). I agree with everything in your post here, except applying for EAD. Do that only if he wants to do the work in the US.

Thank you Meaux for the link .............I will wade through it:)

The way I saw applying for EAD as a "cover your a$$" thing was , if we're going to spend the money for the lawyer and not have any legal leg in the event they were mistaken ( not that that could ever happen <chortle>), having the EAD as a sort of insurance would alleviate that concern.

Tom , I agree with needing a decent cross border accountant at least for the first couple years until we figure out how to do it ourselves............and we will

Anyway, Im glad this finally generated some interest and decent debate...........Thanks everyone!!!!!

[TomandLaura 2]

but unfortunately I'm still waiting for my I-130 to be approved and I can't apply for AOS or the EAD until then (according to USCIS info line). And since I need to work my wife called the info line and they said there was no problem, and that the ead was all about working within the US. And I realize that whether or not to trust the info line is a hot topic all on it's own.

Tom, if you are eager to file for your AOS, you should look into this further.

I believe it is no longer required to have an approved I-130 to file for AOS from a K-3--that is old data.

Thanks for the info Meauxna. I tried posting to visajourney and no-one responded, so maybe I'll try britishexpats. I tried searching both sites already with no luck. It would be nice to get all this paperwork over once and for all. I've no interest in waiting any longer than necessary.

Tom