Working for non-US branch of a company while on K-1 without work authorization and then switching to US branch

[vocal 41]

This is somewhat of a continuation of the above ^ 

My employer has a branch in my home country, and in the US.

 

Can I work *not for the US branch* company, while on my K-1 visa without an EAD/Green card?

 

Meaning, I arrive on my K-1, enter, file for AOS/EAD/AP, while still working for the company in my home country, and then when I get my work authorization, start a new contract with the US branch of the same company?

 

Is all this legal in the eyes of the United States?

 

Thanks!
 

 

Edited March 29, 2017 by vocal

[Transborderwife 4,666]

Grey area.  But he sure that your pay is going into a bank account from your home country and declare it on taxes

[geowrian 22,337]

Agreed, grey area. Having a US branch probably tips it into the illegal work side of things IMO. I'm sure others would disagree, but I think this is a risky endeavor.

[Transborderwife 4,666]

Just now, geowrian said:

Agreed, grey area. Having a US branch probably tips it into the illegal work side of things IMO. I'm sure others would disagree, but I think this is a risky endeavor.

I thought the same but was unsure.  If there's a US branch why not just try for an L1?

[zilchfox 296]

It's definitely a grey area. It'd be no different than say going to the U.S. for training, yet they keep you on payroll in your originating country, and such travel is fine on a B2 visa.

[vocal 41]

2 minutes ago, Transborderwife said:

I thought the same but was unsure.  If there's a US branch why not just try for an L1?

L1 is expensive, long and unnecessary since I already did so much work getting the K1. Can I get a temporary work visa in any way? 

[Transborderwife 4,666]

Just now, vocal said:

L1 is expensive, long and unnecessary since I already did so much work getting the K1. Can I get a temporary work visa in any way? 

No.  EAD is pretty much the closest you'll get.

[f f 725]

how long have you been working with this employer in your home country? since if you are just starting when you are in the us I could see a big red flag but if you had been with them for over a year it would not be as bad. just make sure to declare it on  your taxes.

[vocal 41]

7 minutes ago, f f said:

how long have you been working with this employer in your home country? since if you are just starting when you are in the us I could see a big red flag but if you had been with them for over a year it would not be as bad. just make sure to declare it on  your taxes.

Been working there for 2 years straight, so no fishy stuff... 

 

I hope their legal department is going to be fine with this because they've been giving my potential boss trouble, but I also think they don't even know what a K1 visa is, and that I even have it. 

[f f 725]

I have worked at places where during product bring up they have people from other countries who are more familiar with certain parts come over for 6 months or so to help with integration. so I know firms do this type of stuff I just don't know what visa they use for it. also are you working with the us branch or remotely but the job you used to do? I would think the later would be easier to do.

with all of this being said I would recommend having a non company lawyer give an independent opinion on this since it is your immigration future that can get messed up not the companies.

 

good luck

[A'n'L 735]

Nobody is breaking the (current) law in the scenario you suggest. As long as the company who employs and pays you before your EAD is approved is truly a foreign company, you get paid in foreign currency in a foreign bank account and you US employment does not start until EAD is in hand - this is ok. Are you stretching the moral boundaries? Maybe.