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Experiences? K1 working for foreign company while waiting AOS

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Filed: K-1 Visa Country: Australia
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YOU ARE ALLOWED TO WORK ALLOWED TO WORK REMOTELY PROVIDING IT IS GOING INTO AN AUSTRALIAN ACCOUNT AND YOU ARE PAYING AUSTRALIAN TAXES.  I HAVE GOT TWO OPINIONS FROM TWO DIFFERENT LAWYERS. SO DON'T RUN SCARED, BECAUSE IT IS ALLOWED.

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4 hours ago, Loki_Go said:

My experience is not just my opinion. Whether or not you like it working remotely is possible and not illegal as defined by USCIS. I did it and more and more people have the opportunity to do it. Why discourage them? Why scare them by stating it's straight up visa fraud? I'll always tell people considering this that it's a risk, but so far no one has been able to give a first person account of anyone being denied from a K1 visa. Not one. Not even you.

 

It absolutely sucks that most people have to quit their jobs to do this. I understand that. This is all so hard, but if given such a wonderful opportunity, why continue giving incorrect info? Let people decide for themselves if it's worth the risk.

I was referring to your opinion towards the blog being outdated.

 

It's not about whether I like it or not. I have not even stated or implied whether I like it or not (I gladly offer advice daily here that is fully permitted but I don't think should be allowed). This question pops up quite often on this site, and there are various well thought out opinions given over the years. Your experience that you did not have any issues is good feedback, but it does not verify that it is permitted. The reason I discourage it is because I do not believe that, based on law, it is permitted. Therefore, anybody who does it is exposing themselves to a risk. This risk is primarily between the period of entry and marriage (since after marriage, any conceivable immigration motion against you could be resolved by filing AOS and having the work issue ignored).

 

It's not incorrect information. It is my interpretation of the law written, and it is backed by legal experts as well. Some attorneys will argue in support of it, and others will argue against it. I will leave will referral to the following threads for consideration. These provide a pro/con view of the issue. You will find varying opinions, including those who have consulted with lawyers and received directly opposing conclusions. I am providing references to let people decide for themselves if it is worth the risk.

http://www.visajourney.com/forums/topic/617635-working-for-uk-company-while-on-my-90-day-k-1/

 

http://www.visajourney.com/forums/topic/571872-working-for-uk-company-while-waiting-for-ead/

 

http://www.visajourney.com/forums/topic/573625-working-for-dutch-company-from-homein-us-while-waiting-for-working-permit/

 

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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5 hours ago, Loki_Go said:

Whether or not you like it working remotely is possible and not illegal as defined by USCIS. 

 

Please can you provide the USCIS source for this as it is a question that is asked here and on other forums repeatedly. No one seems to be able to provide info that it is possible. I also wondered about it during my VWP visits to my husband as I worked from home 100% of the time for my employer in the U.K. I only saw the company's offices once when I was hired and issued with a laptop and a supply of stationery. The company didn't care where we worked from - they just wanted the job done. People used to take their laptops to Spain and France and with from there in the sunshine. 

 

If working immediately upon arrival is of importance to anyone, OP included, then the spouse visa route is more suitable. No grey area whatsoever. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: K-1 Visa Country: Australia
Timeline
18 hours ago, KristyD said:

I asked my immigration lawyer the same question as I am in the same boat and it doesn't matter so long as it's going into an Australian account and will be taxed by Australia.  I wouldnt transfer any money from Australia to the US though until your visa is approved.

Did your lawyer go over the tax situation in the US? I'm a bit confused about the Australian-US tax treaty. Do you need to file taxes in both countries and pay double taxes?

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Filed: K-1 Visa Country: Australia
Timeline
7 hours ago, Loki_Go said:

Hi, I did it. I never stopped working for my Canadian company when I moved to the US on a K1. I'm now on a conditional 2 year green card. It's entirely possible and yes, it's a grey area, but understand it is a risk. My employment never came up in my K1 interview but it certainly did in my AOS interview. The CO seemed to know I was working and Didn't ask me anything about it, but instead turned to my husband and asked. My husband and I decided long ago that if it ever came up we were going to be honest about it and so he was. The CO didn't seem to care and moved on to other questioning.

 

If you want more info about my experiences I welcome you to look through my previous posts. There's a lot of info I've given over the time, too much to try to repeat here.

 

In a nutshell: Taxes are complicated and expensive. I get paid in CAD into my Canadian bank. You may have to cash out some investments and/or particular savings accounts (like tax free ones) because non-residents cannot hold them.

 

There's a lot that goes into this, and don't expect your company to cover your butt. YOU need to look out for YOURSELF.

 

Thanks for the info Loki_Go! Yeah I did a search before posting and remember reading your post about it. The AOS interviewer not being concerned about it is very interesting.

Can I ask if you got an EAD and were 'working' with that before your AOS interview? Also did you continue the same work after your AOS was approved?


The other option I was thinking about which may be less of a grey area (not sure about this either tbh) is getting paid for a project rather than a wage within the time to get the EAD. i.e. paid in a lump sum after the EAD is granted.

geowrian - I think all the confusion and frustration stems from this not being clear in the written rules. Your link is really the opinions of some lawyers (which are of course more knowledgable to some extent) and Loki_Go's experience is the opinion of their particular CO. As such the only way to get an idea of how this works in reality is to hear the real life experiences and judgements made. I agree it's a crappy situation to be put in, and I am still deciding what I would like to do hence posting this thread.

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Filed: AOS (apr) Country: Norway
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It's a grey area in the sense that there is no law prohibiting it, but some people tend to think it's not OK. Those people misinterpret the regulations regarding US employment. The only thing that is illegal/against US law is for a US employer to hire an alien without a valid US work permit. Working remotely for a foreign company while on US soil is currently not under any regulations whatsoever.

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Filed: K-1 Visa Country: Australia
Timeline
3 minutes ago, A'n'L said:

It's a grey area in the sense that there is no law prohibiting it, but some people tend to think it's not OK. Those people misinterpret the regulations regarding US employment. The only thing that is illegal/against US law is for a US employer to hire an alien without a valid US work permit. Working remotely for a foreign company while on US soil is currently not under any regulations whatsoever.

This is my understanding of the current law as well.

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2 hours ago, JFH said:

Please can you provide the USCIS source for this as it is a question that is asked here and on other forums repeatedly. No one seems to be able to provide info that it is possible. I also wondered about it during my VWP visits to my husband as I worked from home 100% of the time for my employer in the U.K. I only saw the company's offices once when I was hired and issued with a laptop and a supply of stationery. The company didn't care where we worked from - they just wanted the job done. People used to take their laptops to Spain and France and with from there in the sunshine. 

 

If working immediately upon arrival is of importance to anyone, OP included, then the spouse visa route is more suitable. No grey area whatsoever. 

I already posted the link. Working from home for your country of origin isn't specifically mentioned and that's why it's still a grey area, but if you use the info given that they're using to define legal work you could make the argument that it's ok, or at the very least not illegal.


https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter6.html

 

I don't know what to say about your situation though. All I know is the research I did and the conversations I've had with a couple lawyers and my personal experiences going through the K1 process.

 

You need to have guts to do this without a doubt. It's scary and feels risky. You have to read a little between the lines. But as I keep saying, NO ONE can provide any first person accounts of anyone getting denied for working remotely. No one. However, there are a few people like me who can confirm it can be done.

 

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

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1 hour ago, bob85 said:

Did your lawyer go over the tax situation in the US? I'm a bit confused about the Australian-US tax treaty. Do you need to file taxes in both countries and pay double taxes?

No, no lawyer. I hired an accountant familiar with dual taxes, which isn't hard to find in a border city like Windsor Ontario which is where I'm from. And yes, I filed my taxes i both Canada and the US, it was expensive and a pain but worth it overall. It still is. When I did my Canadian taxes I filled out an extra form that makes me exempt from paying double taxes on my US return.

 

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

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1 hour ago, bob85 said:

Can I ask if you got an EAD and were 'working' with that before your AOS interview? Also did you continue the same work after your AOS was approved?

 

I'm not sure what you're asking, but I've been employed by the same company doing the same work for almost 6 years and every day since I've moved to the US. My EAD combo card came in the mail only 3 days before my green card did. I do not need any US work authorization to work for a company in Canada.

 

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

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1 hour ago, A'n'L said:

It's a grey area in the sense that there is no law prohibiting it, but some people tend to think it's not OK. Those people misinterpret the regulations regarding US employment. The only thing that is illegal/against US law is for a US employer to hire an alien without a valid US work permit. Working remotely for a foreign company while on US soil is currently not under any regulations whatsoever.

 

1 hour ago, bob85 said:

This is my understanding of the current law as well.

And this is exactly correct.

 

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

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38 minutes ago, Loki_Go said:

I already posted the link. Working from home for your country of origin isn't specifically mentioned and that's why it's still a grey area, but if you use the info given that they're using to define legal work you could make the argument that it's ok, or at the very least not illegal.


https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter6.html

 

I don't know what to say about your situation though. All I know is the research I did and the conversations I've had with a couple lawyers and my personal experiences going through the K1 process.

 

You need to have guts to do this without a doubt. It's scary and feels risky. You have to read a little between the lines. But as I keep saying, NO ONE can provide any first person accounts of anyone getting denied for working remotely. No one. However, there are a few people like me who can confirm it can be done.

 

Thank you. So the only source we have to demonstrate that it is permitted is a page that doesn't state that it is not permitted.

 

My situation is if no importance now as I have immigrated already with a spouse visa and started working 2 weeks after I arrived. That was one of the main reasons we did the spouse visa route - I wanted to work right away with no grey area.

 

The income that the OP proposes to earn will need to be reported to the IRS as earned income overseas as it will amount to more than $3000 in a year, he will be in the USA for more than 90 days on the year and the income is sourced through employment. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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I know your situation is over and done with, I was only trying to say I wouldn't advise either way for anyone else reading this in the same spot. :)

 

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

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  • 2 months later...
Filed: Lift. Cond. (apr) Country: Spain
Timeline

Hello!
I find this topic extremely useful! Thanks for sharing!

In my case, just to make it a little more complicated. I work for a US company, they offered me the option of work from home during my EAD.
It is a huge multinational, the Spanish headquarters are the ones paying me in my spanish bank account... 

 

But due the size and importance of the company, I wonder if this can be a problem.

Any thoughts?

Thanks!!

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  • 9 months later...
 
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