Working remotely for a UK employer

[Boiler 45,956]

There is the practicality and the legality. If you want to look at the legality you may have noticed that K1's are work authorised like several other categories but need the EAD to evidence. Used to be that this was not an issue as you could get a stamp on entry or on demand at a local office, but they changed it to so that you need to apply and the time keeps on getting longer.

 

Hopefully that is enough to help in your research.

[Wuozopo 4,293]

5 hours ago, Skatie2k17 said:

 

I realize that, and that's fine with me. However, I'm not sure the company would be as OK with the grey area. The company has no office in America, but it does have a daughter company in America. I wouldn't be working for the American company until I have my EAD though.

Any ideas on where to start researching this for a definitive legal answer? Other than hiring a layer that just knows!

 

I've searched as well this year, last year, six years ago. I read an article or ask.com type thing (way back)  where immigration lawyers were giving answers and quoting sources in the law in their very impressive legal jargon. Bottom line six said yes and six said no.  It was still an opinion based on their interpretation of the law. A debate really. I have never seen anything on USCIS.gov that explicitly says yay or nay. K1s are such a small fraction of visa recipients that  they are not addressed in many things. That period of time after your I-94 expires but before you have been granted a green card is pretty vague when you want to find something in writing by USCIS that you could show to a cop that it's okay that you are in the US without documentation. Or a bank that doesn't know whether to treat you  as a resident or foreigner in their records.  

 

So pay a lawyer to tell you yes, then go next door to the next lawyer and he may say no. Or just keep calm and carry on. Or enjoy a vacation. You'll survive either way.

[Skatie2k17 36]

Thanks Wuozopo, I appreciate you taking the time to respond. Immigration is truly frustrating at times... 

I imagine I'll just have to take a few months off work, don't want to risk the company getting into legal trouble.

It looks like it's possible to request the case to be expedited though, so might go down that route to reduce the  time spent out of work.

 

Again, thank you for your time and advice.

[slashdot 1]

I'm kind of in the same position.

I will be entering the US on a CR1, for various reasons I couldn't remain on my K1 and get my AOS done.

I know that between the UK and US there are certain recipracle tax laws on things like income tax and capital gains.

https://www.gov.uk/government/publications/usa-tax-treaties

Article 14 is a but lawyer'ish and probably doesn't apply as it seems to depend on where you are resident.

This probably muddies the waters a bit but I'm going to assume that if for example I was working in the US for a UK employer and I don't remain in the country for more than 183 days in total in a tax year then I would pay TAX in the UK.

However as a CR1 I would be a US resident so this would not apply.

Is my understanding correct?