US Employer strange offer

[vocal 41]

Hey,

 

Quickly about me: Israeli K-1 Visa holder, going to enter the US on May 17th and get married immediately.

I am working for a company in Israel, which also has offices in the US (California).

They want me to keep working for them, for the California office.

 

The issue is, they want me to start working ASAP, but I have to wait for EAD/Green card after I adjust status after marrying the USC (May 18th).

 

After consulting with the company's legal department, they told me:

 

1.       You can work for 90 days on your K1 Visa under the contract in Israel (without being employed by our offices in California)

2.       This is not enough, since your work permit may arrive later than that, which means that we will have to stop employing you – this of course will impact your non-vested RSUs

3.       The best way to overcome this is to issue a L1 Visa on top of your K1

4.       The downside will be that you will have to travel to Israel to conduct the interview at the embassy. This will not affect your K1, since you will re-enter the state on your L1 Visa.

 

Is this legitimate? I am unsure about this process as I have never read online or otherwise about L1 being filed on top of a K1,

Is there a better alternative or is what he's telling me realistic?

 

Thanks a lot!

 

 

[Roel 7,192]

And what if for some reason that l1 visa get denied? You wouldn't be able to enter the US for about a year. ( spouse visa, assuming you'd be married). I'm not a lawyer but in my opinion this sounds over complicated and might or might not mess up your immigration history. If I were you I'd just use my k1 visa, wait for ead and then start working again. 

[kzielu 1,149]

It's legitimate, L-1 visa is dual intent so you can easily AOS on it regardless of anything else, however there's risk that Roel wrote above about.

 

Edited April 12, 2017 by kzielu

[Alexxx21 11]

11 minutes ago, Roel said:

And what if for some reason that l1 visa get denied? You wouldn't be able to enter the US for about a year. ( spouse visa, assuming you'd be married). I'm not a lawyer but in my opinion this sounds over complicated and might or might not mess up your immigration history. If I were you I'd just use my k1 visa, wait for ead and then start working again. 

I totally agree

[vocal 41]

33 minutes ago, Roel said:

And what if for some reason that l1 visa get denied? You wouldn't be able to enter the US for about a year. ( spouse visa, assuming you'd be married). I'm not a lawyer but in my opinion this sounds over complicated and might or might not mess up your immigration history. If I were you I'd just use my k1 visa, wait for ead and then start working again. 

Thank you for your answer. 

 

Why would an L1 be denied? Any specific circumstance or just in general because any visa application can be denied? 

 

I mean my plan was to marry, file for AOS/EAD, and after the 90 days are done fly to Israel and do the L1 interview. While AOS is pending , that is legal? Would I need AP for this? If so, what is the "reason" for AP request? I have been given to understand I need a concrete reason to file for AP... 

 

Also, is working the 90 days under K1 without EAD legitimate? I didn't get an answer for this yet here... 

[Roel 7,192]

Eh I don't know. Well obviously working without ead is a no. Also not sure how it works having an interview for a visa while you already have a green card process pending. Never heard of anyone doing that since it doesn't sound very...  Logical? Lol. 

 

As for AP. Its part of aos and you receive it the same time as ead. Unless you're talking about emergency AP but not sure if having Another visa interview is a reason at all to apply for it. 

Edited April 12, 2017 by Roel

[vocal 41]

Just now, Roel said:

Eh I don't know. Well obviously working without ead is a no. Also not sure how it works having an interview for a visa while you already have a green card process pending. Never heard of anyone doing that since it doesn't sound very...  Logical? Lol. 

"Obviously working without EAD is a no" - Is that so? I've read on multiple sources that it's a gray area at best... And that you can work remotely for non-US company for the 90 days after entry. Provided you file taxes for both countries correctly and such. No? 

[Roel 7,192]

I think I didn't catch the part of working for non US company. Well someone who had experience will have to explain. For me "Gray area" never sounds good but if its legal than I suppose you won't have issues with that. But the whole "having l1 interview while aos pending " doesn't aound doable. But who knows. 

[kzielu 1,149]

48 minutes ago, vocal said:

Thank you for your answer. 

 

Why would an L1 be denied? Any specific circumstance or just in general because any visa application can be denied? 

 

I mean my plan was to marry, file for AOS/EAD, and after the 90 days are done fly to Israel and do the L1 interview. While AOS is pending , that is legal? Would I need AP for this? If so, what is the "reason" for AP request? I have been given to understand I need a concrete reason to file for AP... 

 

Also, is working the 90 days under K1 without EAD legitimate? I didn't get an answer for this yet here... 

Technically L-1 should not be denied, but you have to prove (or your company lawyers) have tha you meet its requirements. Also, if your company doesn't have blanket I-129S petition, it will take a while to get it approved, but people legitimately qualifying for L-1 don't typically get denied.

You have to figure out what makes more sense, waiting for EAD or going back for L-1 - I don't know at which stage of K-1 you are, but if you haven't started, it would be easier and cheaper to have your company do the L-1 and then AOS while you're there on L-1.

Working without EAD for non-US company is a gray area. Don't think there are explicit rules for it, I personally wouldn't do it.

[vocal 41]

3 minutes ago, kzielu said:

Technically L-1 should not be denied, but you have to prove (or your company lawyers) have tha you meet its requirements. Also, if your company doesn't have blanket I-129S petition, it will take a while to get it approved, but people legitimately qualifying for L-1 don't typically get denied.

You have to figure out what makes more sense, waiting for EAD or going back for L-1 - I don't know at which stage of K-1 you are, but if you haven't started, it would be easier and cheaper to have your company do the L-1 and then AOS while you're there on L-1.

Working without EAD for non-US company is a gray area. Don't think there are explicit rules for it, I personally wouldn't do it.

Hi kzielu, thanks for responding and helping!

 

I am a K-1 Visa holder, I have finished all the stages and have the K-1 visa in my passport already, so there is no point on "giving it up" or anything of the sort.

Personally I think just waiting for EAD/Green Card makes much more sense than going back to Israel for L1 but they might think otherwise.

 

How long does it even take to get EAD, and when does it expire? I mean, if the green card arrives in 9 months, can I get an EAD until that time? Or does the EAD expire after 90 days regardless of green card issuance or not?

[kzielu 1,149]

Just now, vocal said:

Hi kzielu, thanks for responding and helping!

 

I am a K-1 Visa holder, I have finished all the stages and have the K-1 visa in my passport already, so there is no point on "giving it up" or anything of the sort.

Personally I think just waiting for EAD/Green Card makes much more sense than going back to Israel for L1 but they might think otherwise.

 

How long does it even take to get EAD, and when does it expire? I mean, if the green card arrives in 9 months, can I get an EAD until that time? Or does the EAD expire after 90 days regardless of green card issuance or not?

I believe EAD - once you submit your AOS - is supposed to take up to 90 days, is valid for a year and can be extended if you don't get your GC by then - but people familiar with current K-1 timeline can advise better. I never had one, AOSed from L-1B.

[Becci391 339]

1 hour ago, kzielu said:

I believe EAD - once you submit your AOS - is supposed to take up to 90 days, is valid for a year and can be extended if you don't get your GC by then - but people familiar with current K-1 timeline can advise better. I never had one, AOSed from L-1B.

It can take between 3 and 4 months to get the EAD/AP combocard after you sent the Paperwork to USCIS.

[Ben&Zian 4,398]

I would agree with just going through using the K-1 to enter, marry, then AOS and get EAD.

 

Trying to return for the L-1 does seem overly complicated/time consuming and just never know what can happen.

 

[Dutchster 1,107]

2 hours ago, vocal said:

Hi kzielu, thanks for responding and helping!

 

I am a K-1 Visa holder, I have finished all the stages and have the K-1 visa in my passport already, so there is no point on "giving it up" or anything of the sort.

Personally I think just waiting for EAD/Green Card makes much more sense than going back to Israel for L1 but they might think otherwise.

 

How long does it even take to get EAD, and when does it expire? I mean, if the green card arrives in 9 months, can I get an EAD until that time? Or does the EAD expire after 90 days regardless of green card issuance or not?

It can take up to 90 days to get approved for your employment document. From that date on it's valid for a year because in the meanwhile you should expect your green card as well and you do not have to use the employment card anymore.
After all the money spend on the K-1 visa, the hassles of paperwork and the embassy; I'd say adjust status on your K-1. If your employer really wants you, he should understand the rules of immigration and hire you back on once the employment card is received.

[Roel 7,192]

Also, since you don't mind working remotely for your company while waiting for the ead and green card... So called "gray area".

Why not just start working when you get to the US anyway and just making it "legit" after receiving the EAD? If you're not afraid of the gray area then I see no issue here actually.

Someone with experience should write about their issues with working for their home country company while waiting for the Green Card.