US Employer strange offer

[geowrian 22,337]

I'm confused with the whole L-1 visa plan. There's no difference in what qualifies as work within the 90 days from entry (I-94 stamp duration) and what qualifies as work once AOS is filed. As such, if what you're doing is not considered work then why the need to get an L-1 visa? And if it is considered work, then you cannot do it even for 1 hour without an EAD.

 

There is a "gray area" when working remotely for a foreign company and being paid via a foreign account. However, I think having a US branch tilts that against you (why wouldn't they just higher others who cannot work in the US via the foreign branch then?).

[mrtravel 40]

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

Not without EAD........  It sounds like they want you to work without EAD and get paid via the Israel office.
This is not legal.  After all, if you had an EAD then they could have you employed by their California office.

[mrtravel 40]

23 minutes ago, geowrian said:

 

"There is a "gray area" when working remotely for a foreign company and being paid via a foreign account. However, I think having a US branch tilts that against you (why wouldn't they just higher others who cannot work in the US via the foreign branch then?)."

Nope, no gray area.  it is illegal to work in the US if you do not have EAD or a visa permitting work, no matter who is paying you.
The low chance of the government not finding out is not the same as it being legal.
For example, on a B1 - you can do only

• Consulting with business associates
• Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
• Settling an estate
• Negotiating a contract
• Participating in short-term training
• Transiting through the United States: certain persons may transit the United States with a B-1 visa
• Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

[Jojo92122 1,924]

There is no gray area. 

 

An K-1 can only work with an EAD.  

 

OP would be working out of the California office.  This is not someone working remotely from home.  This is going to a California job.

 

This is illegal work without authorization.

 

The company is playing this for their convenience.  Suggest you use the research button to see people who have used the VWP and other non-immigrant visas to do work in the US based on their companies saying it was okay and then face losing their privileges. 

 

Nothing is likely to happen to you if you work illegally since USCIS ignores illegal work from spouses of US citizens when adjusting status.  However, you will be violating the terms of your K-1 visa.  Also, Trump is playing by different rules.  What is ignored under Obama may not be ignored under Trump.

[geowrian 22,337]

Just now, mrtravel said:

Nope, no gray area.  it is illegal to work in the US if you do not have EAD or a visa permitting work, no matter who is paying you.
The low chance of the government not finding out is not the same as it being legal.

Incorrect. Performing work remotely for a foreign employer is a gray area. It's not a matter of a low chance of being caught...it actually can be permitted. The US has no say over foreign employers nor who can or cannot work for them...making this an IRS issue, not a USCIS one. At least that's one well-argued legal perspective. This issue pops up often here.

 

Some further readings to consider:

http://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

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

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

http://www.visajourney.com/forums/topic/532674-working-for-foreign-company-while-waiting-for-ead/

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

 

1 minute ago, Jojo92122 said:

There is no gray area. 

 

An K-1 can only work with an EAD.  

 

OP would be working out of the California office.  This is not someone working remotely from home.  This is going to a California job.

 

This is illegal work without authorization.

 

The company is playing this for their convenience.  Suggest you use the research button to see people who have used the VWP and other non-immigrant visas to do work in the US based on their companies saying it was okay and then face losing their privileges. 

 

Nothing is likely to happen to you if you work illegally since USCIS ignores illegal work from spouses of US citizens when adjusting status.  However, you will be violating the terms of your K-1 visa.  Also, Trump is playing by different rules.  What is ignored under Obama may not be ignored under Trump.

If the OP would be working out of the CA office, then yes....that is absolutely not a gray area and is illegal. The gray area is with remote work in some situations. Personally, I think (based upon the laws in place today) just having a US branch is sufficient cause to push it into the illegal zone.

[Jojo92122 1,924]

If the OP was working remotely and dealing with the foreign office, then it would be a gray area.

 

It's not a gray area if the OP has anything to do with the CA office.  This is working for or with the CA office which makes it a US job no mater how the OP gets paid.

[vocal 41]

2 minutes ago, Jojo92122 said:

If the OP was working remotely and dealing with the foreign office, then it would be a gray area.

 

It's not a gray area if the OP has anything to do with the CA office.  This is working for or with the CA office which makes it a US job no mater how the OP gets paid.

You are wrong.

 

I will be working for the Israeli office, doing the same job.

I am not moving to the states to work for the CA office, I am moving to get married, and an opportunity to keep working for the same employer, just in CA office, surfaced.

 

So I am planning to take that opportunity.

[vocal 41]

I found these 2 topics that mostly claim that working remotely for 90 days after entering on K-1 visa should be ok:

 

http://britishexpats.com/forum/marriage-based-visas-35/remote-working-after-k-1-while-waiting-aos-648341/

 

Regarding the L-1 though, I think I am going to give up on that - and after the 90 days if I still don't have the EAD I would just "quit" until I have the EAD in hand and can resume working (be re-hired I guess).

[geowrian 22,337]

12 minutes ago, vocal said:

I found these 2 topics that mostly claim that working remotely for 90 days after entering on K-1 visa should be ok:

 

http://britishexpats.com/forum/marriage-based-visas-35/remote-working-after-k-1-while-waiting-aos-648341/

 

Regarding the L-1 though, I think I am going to give up on that - and after the 90 days if I still don't have the EAD I would just "quit" until I have the EAD in hand and can resume working (be re-hired I guess).

The information in that thread is wither wrong or just outdated (it's over a decade old...). You can apply for an EAD while on a K-1 visa, but you cannot work until an EAD is obtained. The SSN card itself will state this.

 

That said, applying for EAD on a K-1 is pointless...it takes 90-120 days to get the EAD, and the I-94 expires in 90 days. The EAD would expire at the end of the I-94, so this is a fruitless endeavor.

Edited April 12, 2017 by geowrian

[Fraknestein 0]

I've heard of people who have had EAD expedited with a pending job offer. I can't find the link now but it's certainly possible to get your EAD earlier than 3-4 months. Search the forum for people that have done it. 

[candybabe 46]

4 hours ago, vocal said:

You are wrong.

 

I will be working for the Israeli office, doing the same job.

I am not moving to the states to work for the CA office, I am moving to get married, and an opportunity to keep working for the same employer, just in CA office, surfaced.

 

So I am planning to take that opportunity.

The fact that you can benefit from an intra-company transfer from the Israeli office to the California office is why you would need the L1 avenue. Without EAD under your K1, the L1 would be your fastest route. For L1 you would need to be in a managerial position within your company, coming to the US to manage others.

 

The other option you have is taking a break in employment for the time between your arrival here and your EAD.

 

If you had applied for a K3 - CR1, been married there in Israel or anywhere else outside the US, the paths would have been similar with the exception of the fact that at the embassy interview you would be getting a I-551 stamp which allows you to work right away as it is the equivalent of the GC. It takes longer than the K1 it is true.

 

The K1 really is just an opportunity to basically come over and decide over 90 days if marriage will happen after all. It's more so a time frame the US govt is giving folks to decide yay or nay so def not intended to facilitate easy access to work, travel etc....Therefore the almost year wait to adjust status and get a GC...

 

I am not an immigration lawyer / specialist.

 

 

[geowrian 22,337]

28 minutes ago, candybabe said:

If you had applied for a K3 - CR1, been married there in Israel or anywhere else outside the US, the paths would have been similar with the exception of the fact that at the embassy interview you would be getting a I-551 stamp which allows you to work right away as it is the equivalent of the GC. It takes longer than the K1 it is true.

 

The K1 really is just an opportunity to basically come over and decide over 90 days if marriage will happen after all. It's more so a time frame the US govt is giving folks to decide yay or nay so def not intended to facilitate easy access to work, travel etc....Therefore the almost year wait to adjust status and get a GC...

K-3 is obsolete and would very, very likely turn into a CR-1 now anyway.

 

K-1 is not to determine if you will marry or not. You've already signed affidavits and paperwork that you intend to marry in the US within 90 days. People not sure about wanting to marry within 90 days of entry should not apply for a K-1.

 

/

Edited April 12, 2017 by geowrian

[candybabe 46]

5 minutes ago, geowrian said:

K-3 is obsolete and would very, very likely turn into a CR-1 now anyway.

 

K-1 is not to determine if you will marry or not. You've already signed affidavits and paperwork that you intend to marry in the US within 90 days. People not sure about wanting to marry within 90 days of entry should not apply for a K-1.

 

/

Nobody is holding a gun to your head to marry once you step into the US, you can always change your mind and go back - the point I was trying to drive home was that if employment is a concern for the OP right off the plane, the K1 route is not facilitating that in the fastest way. If you want to be married and have employment authorization on Day 1 , CR-1 is the best route, although longer...

[Dutchster 1,107]

1 hour ago, candybabe said:

The K1 really is just an opportunity to basically come over and decide over 90 days if marriage will happen after all. It's more so a time frame the US govt is giving folks to decide yay or nay so def not intended to facilitate easy access to work, travel etc....Therefore the almost year wait to adjust status and get a GC...

 

I am not an immigration lawyer / specialist.

 

 

Oh my god, no no no no no no.

K-1 gives you 90 days to get married (to get the marriage license, get all the things ready, maybe a location if you want to do it a little bigger etc since not everyone does courthouse weddings and it's less pressure); not to find out if you actually want to get married. Please don't give out such incorrect information.

Edited April 12, 2017 by Dutchster

[Unlockable 7,314]

2 hours ago, candybabe said:

The K1 really is just an opportunity to basically come over and decide over 90 days if marriage will happen after all. It's more so a time frame the US govt is giving folks to decide yay or nay so def not intended to facilitate easy access to work, travel etc....Therefore the almost year wait to adjust status and get a GC...

 

 

This is completely wrong.

 

Read the thread below where the border agent asked a K1 visa holder when he was getting married and when her answered "Maybe we will" he got sent back home. 

 

 

When you apply for a K1 you are saying you have made the decision to get married.