Working for a foreign company while waiting for EAD

[MontyFlo 6]

Hi everyone

I am planning to move soon to US to marry my Fiancée on my K1 visa. Now it is time to quit my job here in Canada but since I am working as an Software Designer and that all I really need to work is my computer; I wanted to know if I might be legally allowed to keep working for my Canadian company, still be paid in Canadian dollars in my Canadian account while I am waiting for my EAD? Is that legal? I want to know before I look forward with my current company cause of course if it is not legal I will just forget about this idea.

Thanks for your help!

[sma1488 155]

This is a question that comes up fairly regularly, and I'm not sure there is a clear answer.

I do believe that if you are considered a US resident for tax purposes for the 2015 tax year, you will have to pay taxes on everything you earned during that year, which would include work that you do for a foreign company before you can legally work in the US. So make sure you either set aside some extra money from your paychecks for that expense or consult with a CPA who can give you a clear answer.

[Boiler 45,486]

K1 is work authorised, you do not have evidence but then you do not need it

[TBoneTX 45,284]

*** Thread moved from K-1 Process forum to the Working & Traveling forum -- topic involves work status. ***

[templeton 120]

Yeah, this is a hotly debated topic.

You're in exactly the same situation I was in. In technical terms, as long as you are an actual employee by the foreign company, you shouldn't run afoul of USCIS for working before you get your Employment Authorization card.

For practical purposes though, there are often headaches for both the employee and the employer. As a previous poster stated, you may have tax implications. If your Canadian employer is a smaller outfit, they may determine that it's just too much red tape to keep a foreign worker on the payroll. Contributions to CPP, EI, etc. Stuff like that. Everyone's situation is a little different.

In the end, we determined the best way to continue our business relationship was for me to work as an independent contractor.

[MontyFlo 6]

Yeah, this is a hotly debated topic.

You're in exactly the same situation I was in. In technical terms, as long as you are an actual employee by the foreign company, you shouldn't run afoul of USCIS for working before you get your Employment Authorization card.

For practical purposes though, there are often headaches for both the employee and the employer. As a previous poster stated, you may have tax implications. If your Canadian employer is a smaller outfit, they may determine that it's just too much red tape to keep a foreign worker on the payroll. Contributions to CPP, EI, etc. Stuff like that. Everyone's situation is a little different.

In the end, we determined the best way to continue our business relationship was for me to work as an independent contractor.

Thank you for this help templeton!!

I will discuss that with my employer and see what they decide!

Thank you all!!

[templeton 120]

Just to clarify, you can only work as a self employed person in the US once you have received your EAD.

[JohnR! 5,495]

Yes you can and yes, it's legal.

Hi everyone

I am planning to move soon to US to marry my Fiancée on my K1 visa. Now it is time to quit my job here in Canada but since I am working as an Software Designer and that all I really need to work is my computer; I wanted to know if I might be legally allowed to keep working for my Canadian company, still be paid in Canadian dollars in my Canadian account while I am waiting for my EAD? Is that legal? I want to know before I look forward with my current company cause of course if it is not legal I will just forget about this idea.

Thanks for your help!

[JohnR! 5,495]

Did you mean 'always' instead of 'only'?

Just to clarify, you can only work as a self employed person in the US once you have received your EAD.

[templeton 120]

Did you mean 'always' instead of 'only'?

I just wanted to make sure the OP didn't misunderstand and think that I was saying he/she could just start self-employment upon arrival in the US as an alternative to being an employee of the Canadian company. That would only come once they have employment authorization from USCIS.

[JohnR! 5,495]

Ah! I got it now!

I just wanted to make sure the OP didn't misunderstand and think that I was saying he/she could just start self-employment upon arrival in the US as an alternative to being an employee of the Canadian company. That would only come once they have employment authorization from USCIS.

[jan22 3,053]

K1 is work authorised, you do not have evidence but then you do not need it

This is not true. The K-1 authorizes you to apply for work authorization (I-765), but you cannot work until it is granted.

[Boiler 45,486]

EAD is evidence of work authorisation. So if you applied for a job in the US you need to evidence. Not the case here.

[jan22 3,053]

EAD is evidence of work authorisation. So if you applied for a job in the US you need to evidence. Not the case here.

Sorry I didn't make my earlier comment clear -- I know EAD is evidence of work authorization. Your original entry was that the "K1 is work authorized..." . That is the part I was referring to when I responded that this was not true. And, it's not -- the K1 does not come with work authorization -- if it did, there would be no need to file for the EAD and wait for it to be approved. I did not mean to say that it was needed in this particular case -- I just didn't want anyone to think they could automatically work anywhere they wanted immediately on entry into the US.

[Cody and Daisy 373]

Sorry I didn't make my earlier comment clear -- I know EAD is evidence of work authorization. Your original entry was that the "K1 is work authorized..." . That is the part I was referring to when I responded that this was not true. And, it's not -- the K1 does not come with work authorization -- if it did, there would be no need to file for the EAD and wait for it to be approved. I did not mean to say that it was needed in this particular case -- I just didn't want anyone to think they could automatically work anywhere they wanted immediately on entry into the US.

Technically the k1 is work authorised.

Coming in on a tourist visa or vwp, you cannot apply to work.

On a k1 you can apply work straight away but only until your I-94 expires so it's pointless.

Then you need AOS for authorisation to work.

So technically it's both.

You are right in saying that you cannot work automatically on a k1 that would be way too convinient for us!

But a k1 gives you authorisation to apply for work authorisation.