Working as teaching assistant during AOS

[NikLR 13,232]

Working for a foreign employer is a grey area. Technically you're not taking a job from a US resident, but you are not authorized to work in the USA, (yes even to work remotely in the USA, as I understand it, you need work authorization) and you're not authorized to return if you leave.

Wait until you have your EAD. If this was such an issue, pursuing the CR1 would have been a wiser choice. What is done is done, however.

[2ndMessiah 184]

I am sure (hope at least) that the University uses E-Verify for all its employees. You will come back not authorized to work.

If you get a SSN, the card will have something along the lines of "Not authorized to work without DHS approval". You get that once you have an EAD or Greencard.

Its Ramen noodles and water for the foreseeable future. Sorry.

[landr 126]

University of Kansas?

Graduate Assistants are salaried student employees (as determined by Human Resources and Equal Opportunity) who hold a position that furthers the professional and/or academic development of the graduate student. The duties performed are professional in nature and under the direct supervision of faculty, academic professionals, or administrators.

https://policy.drupal.ku.edu/graduate-studies/GTA-appointment-eligibility

To me, this sounds like "work" plus you'd be getting a benefit from it, which I understand is not allowed for K-1 visa beneficiaries until they get their EAD.

I don't think there's any way around this. Though I suppose you could email their Office of Graduate Studies to confirm your eligibility for a GTA position under the K-1 visa pending receipt of the EAD: graduate@ku.edu

[IntoTheLight 5]

What about trying to earn some extra money now, before you immigrate? Can you maybe get a second job, or do some kind of freelance work? Try to save up. Nothing stops you from bringing your own savings with you, so maybe you could stretch that to help out for the few months while you wait for you EAD.

[aaron2020 11,651]

You rightly mention that international tuition fees would make any income from a TA position redundant. However, apparently one of the advantages of this TA position is a 100% tuition fee waiver (also, during AOS would I even be considered an international student, or just 'out of state'?). So there is still the possibility of it being financially worthwhile.

The more important question, I suppose, is the legality.

Some of you have said that a K1 visa entitles you to 0 hours of work, whereas a student visa would allow a limited number of on campus hours. I suppose this makes sense. One thing I have come across, though, is the suggestion that your TA wages whilst a student might not technically be considered employment but rather a form of student financial support (which, I understand, is allowed). Something on this thread (http://www.visajourney.com/forums/topic/394181-f-1-aos-rfe-for-on-campus-employment/) suggests that your 'income' as a TA is more like a kind of financial excess after the tuition fee waiver.

Sounds far-fetched, I know, but any thoughts?

It doesn't matter how you spin it.

You are getting paid to teach and that is not permitted before you get your EAD.

[Anonymous885 44]

I am not going to discuss whether you can work and attend at University without EAD, and GC, respectively. I just want to point out something:

1) You are too late for attending at school for the Fall 2014 semester and might be also Spring 2015. The Fall 2014 is starting around the last week of August for the most schools. If you want to attend for the Fall semester, you have to apply from September to 15 of January LAST year. Most graduates school do not take student for Spring semester.

2) The tuition for graduate schools are pretty the same for resident and international students. It is not 3 times different compared to resident in ungraduate level.

3) As far as I know, Ph.D students require to serve two times for Teaching Assistant ( might not get paid because their salary already comes from stipen). Most schools will not take Master degree to be Teaching Assistant. Even they do, there is only few hours per week. You should ask your wife more info about this at her school.

4) Did you take GRE before?

[kehills 217]

Some MA programs have rolling admissions, so if that's the case for the program(s) you're looking for, then ignore the people who are telling you it should have been done a year ago. However, Anonymous885 is wrong: the tuition rates for international and residents aren't the same - hell, the tuition rates for residents of one state versus another aren't the same. (Wanna see my grad school related loans for proof?)

Can you move here, get married August 31, immediately adjust status, and then start a graduate program? ...probably not, sorry. Your AOS doesn't give you permission to do the sorts of things that are necessarily a part of the TAing coming along with a graduate program, and there's no way to get the student VISA while you already have another (we did ask, actually). It's also pretty unlikely that you would be able to expedite an EAD in the timeline you'd need for school.

You could attempt to get a grad school offer (presuming rolling admissions and then you being accepted with a TAship - that's a lot of conditions right there) contingent upon you being able to accept, with proper work documents, and then utilize that to ask for a really rapid EAD with the help of your congresscritter, but I'll be honest: it doesn't seem likely (and I say that as an academic and as someone who just had to figure out all of these hoops).

If there is a rolling admissions and you're actually interested in the MA program, your better bet may be seeing if there is a Winter 2015 admission available that comes with tuition waivers and salary.

Edited June 25, 2014 by kehills

[Poobee 10]

I was on a F1 visa when I was doing my master, and I was offered a TA position. With that position, I didn't have to pay any tuition. However I had to pay the fees, and I was given a stipend.

I'm not too versed in k-1 visas, but I believe most MA level student qualify for a GRA or TA position.

Also, I believe it is a little late to be accepted in any program for the fall. You will need to apply, and submit the documents. You will also need to take the GRE or GMAT.

My advice would be to contact the school and inquire about that possibility.

Good luck!!

[tungsten_tip 2]

University of Kansas?

To me, this sounds like "work" plus you'd be getting a benefit from it, which I understand is not allowed for K-1 visa beneficiaries until they get their EAD.

I don't think there's any way around this. Though I suppose you could email their Office of Graduate Studies to confirm your eligibility for a GTA position under the K-1 visa pending receipt of the EAD: graduate@ku.edu

Thank you for finding this! I wasn't having any luck at all on their website. As you say, though, it does sound like 'work', doesn't it. In fact, people's responses seem to be pretty conclusive about not being able to work, even as a TA, prior to getting the EAD.

If there is a rolling admissions and you're actually interested in the MA program, your better bet may be seeing if there is a Winter 2015 admission available that comes with tuition waivers and salary.

In answer to some others, though, it may not be too late to apply. This particular programme has rolling admissions and I've already taken the GRE (last year, in preparation for a failed application elsewhere). So getting a place on the MA, whilst far from guaranteed, would not be completely out of the question. Although if I'd be unable to accept any funding, then it probably wouldn't be worth it anyway.

To go off on a slight tangent, however: whilst I'm waiting for the EAD to arrive, I obviously can't work or earn any money. But is there anything prohibiting me from accepting the offer a job which I would then start as soon as the work permit arrived?

Thanks again for everyone's advice!

[Mollie09 1,543]

To go off on a slight tangent, however: whilst I'm waiting for the EAD to arrive, I obviously can't work or earn any money. But is there anything prohibiting me from accepting the offer a job which I would then start as soon as the work permit arrived?

Not at all! In fact, if you fax USCIS a copy of a job offer with a start date, they might expedite your EAD for you to be able to start.

But accepting an offer (and not working before the EAD comes) is perfectly legal.

[kzielu 1,150]

The thing is that I already have my K1 visa in hand. Having spent a small fortune on filing fees and waited over 6 months to receive it, I wouldn't want to just abandon it. There would also be the small issue of having to cancel the already-planned wedding for August! So no, I fully intend on keeping my K1 visa and entering on that.

If you think your K-1 fees were small fortune, check out AOS filing fees... You may want to do that to be prepared.... (unless you already did, then nevermind).

[Frenchican 13]

OK, that's interesting. So enrolling at a university might not be completely out of the question. The impression I get is that it's up to the university themselves rather than anything written in law.

It sounds, though, like the working might be more of an issue. Regarding working for a foreign employer: is that totally fine without an EAD? Is it only work based in the US that's not permitted?

If you are already in K1 you can't be switching to F1 (this would imply apply to school, be accepted as international, apply for F1, etc... + University application for the Fall are in -december/january) For a late enrollment, anyway, the process would take at least a month. It's not worth the trouble and messing with several changes of status, it just raises red flags.

However, apparently one of the advantages of this TA position is a 100% tuition fee waiver (also, during AOS would I even be considered an international student, or just 'out of state'?). So there is still the possibility of it being financially worthwhile.

Yes, advantage of grad school Tuition waiver. But waiver comes in exchange of TA work. (People that decides not to TA, or is not offered a TA position pays the full tuition) And if you can't work as TA (because you are not F! or have EAD), then you would have to pay the tuition.

What tuition? to be considered in-state, you, your parents, or your spouse have to have lived 1 or 2 years (by lived, I mean paying taxes in the state)

A K-1 visa will not permit you to enroll in school. I doubt you will be permitted to enroll until you have your green card.

exactly. To enroll you have to be either F1, or resident (or resident in AOS, but in that case you would have to pay tuition until you can work in exchange for tuition, meaning spring semester)

Not at all! In fact, if you fax USCIS a copy of a job offer with a start date, they might expedite your EAD for you to be able to start.

But accepting an offer (and not working before the EAD comes) is perfectly legal.

THIS IS ACTUALLY YOUR BEST OPTION

Start applying for jobs now or as soon as you land. Say you would be able to work around about 45-60 days after you send your AOS package. Get a job offer letter. When you file your AOS, send the job offer with your EAD request, and ask for expedite. It should come in 45-60 days.

Now, until then, you can still work remotely for some employer in your home country and get paid to your home country account. If you account has an international debit card, you can use it while you're here with those funds. When you get your green card you can always close that account. It's not like you will be making that much money and they would audit the account. Besides you could always say it was previous work that was paid late.

I still have my foreign bank account, sometimes my parents deposit me some money there and I withdraw in ATM here

[marriott574 13]

OK, that's interesting. So enrolling at a university might not be completely out of the question. The impression I get is that it's up to the university themselves rather than anything written in law.

It sounds, though, like the working might be more of an issue. Regarding working for a foreign employer: is that totally fine without an EAD? Is it only work based in the US that's not permitted?

I don't know about the legality about telecommuting but it could work. Studying is fine but it is university policy on the tuition fees.

[Frenchican 13]

Another suggestion is prepare your AOS package (with job letter to expedite EAD) as soon as possible, this takes time!

Not only gathering the bona fide evidence, but also the paperwork, filling the forms, proof, proof and proof for typos, having your vaccines current, having the sponsor's taxes reports, etc... --> then when you get married you just add that last documentation and send the next day after you got married.

I got married in april, and it took me almost 3 months to prepare the package by myself, it can be overwhelming. Some friends did it with a lawyer. paid $5000 and got it ready in a month. After you have done it once, you realize its not that hard, I helped another friend and we got it ready in less than a month.

[kehills 217]

Note that we were specifically told, when we talked to all the various people about expediting EADs, that they're cracking down on expediting because people are abusing the system. Our congressional critter actually didn't think our EAD would be approved because of the abuse/crackdown, and was actually really surprised when it came through. So don't count on an expedited EAD (especially if it's for a 'normal' job that can have any start date).