October 2017 I-129 K-1 filers

[Carito3 97]

2 minutes ago, sumbunny said:

Unfortunately, NOT working right away is one of the downsides to applying for K1 vs getting married and applying for CR1. Beneficiary simply CANT work until EAD/AOS no matter how might they might want to or how qualified they are.

I've been told by another VJ member that working remotely would be ok? My fiancé is the beneficiary and works remotely from El Salvador for a German company, have you heard if this would be ok?

[Naes 12,205]

6 minutes ago, Louize said:

YEs

And you put a number between 1-500 to the second box instead of a 0 so the app can know how many cases you want it to scan??

 

[jean baptiste 337]

8 minutes ago, sumbunny said:

Unfortunately, NOT working right away is one of the downsides to applying for K1 vs getting married and applying for CR1. Beneficiary simply CANT work until EAD/AOS no matter how might they might want to or how qualified they are.

but i think the K- 1 visa holder can apply for a social security number even before the wedding  right?

[Dijana99 25]

What is the app called? 

[jean baptiste 337]

Just now, jean baptiste said:

but i think the K- 1 visa holder can apply for a social security number even before the wedding  right?

personnaly i think something good to do is to wait till after the wedding and apply for the AOS and EAD at the sametime. isn't that good?

[sumbunny 566]

Just now, jean baptiste said:

but i think the K- 1 visa holder can apply for a social security number even before the wedding  right?

Yes, but applying for a social security number is not the same thing as being allowed to apply for work in the US.

 

7 minutes ago, Carito3 said:

I've been told by another VJ member that working remotely would be ok? My fiancé is the beneficiary and works remotely from El Salvador for a German company, have you heard if this would be ok?

I'm not an expert by any means, but I found this on another post (though it's from 2013) and it makes sense to me...

 

An EAD is required IF the individual is working in the US and displacing a potential US citizen from employment. An EAD is not required if the individual is living in the US but working overseas - and that is basically what remote work is - working outside of the US. The US has no control over what happens in other countries. It cannot tell a foreign employer that it cannot employ an individual who is not taking a job away from a US resident or citizen, nor is having deductions at source taken by the IRS. It is up to the employee to declare their 'world wide' earnings to the IRS and to file a tax return, often taking advantage of tax treaties with foreign countries to prevent double taxation. 

 

An EAD is for employment in the US that is subject to US legislation, US employment standards and US employment benefits and deductions (Soc. Sec/ UI, etc.). It is not required for employment outside of the jurisdiction of US employers.

 

It is also important to realize that most of the wording on the instructions and application forms for the various visas has not been updated to incorporate circumstances of remote work since that is a relatively recent ability. The intent of the EAD is to ensure no US worker gets displaced by someone who isn't authorized to work in the US. Remote work is not working in the US - it is working overseas.

 

 

[sumbunny 566]

3 minutes ago, Dijana99 said:

What is the app called? 

Case Tracker by USCIS

[Dijana99 25]

1 minute ago, sumbunny said:

Case Tracker by USCIS

Thank you!

[Dijana99 25]

Are they still doing silent NO2s? Like sending them in the mail and not updating online?

[sumbunny 566]

2 minutes ago, Dijana99 said:

Are they still doing silent NO2s? Like sending them in the mail and not updating online?

@Naes will know better than I do, but it seems like since they switched to the new system, updates in the app scans are more regular and accurate. I think there are still some silents,  but the app seems to be showing new updates frequently throughout the day now. To give you an example. I scanned the first 500 cases for 10/2 starting around 1pm EST (10am California time) and that scan showed no change from yesterday. Around 3:30, there were 20 more approvals and no RFEs. Just a few moments ago, those same 500 cases are now showing 8 RFEs. So it seems to be much more active than it was prior to the change to the new USCIS site (https://my.uscis.gov/account/applicant).

[Carito3 97]

12 minutes ago, sumbunny said:

Yes, but applying for a social security number is not the same thing as being allowed to apply for work in the US.

 

I'm not an expert by any means, but I found this on another post (though it's from 2013) and it makes sense to me...

 

An EAD is required IF the individual is working in the US and displacing a potential US citizen from employment. An EAD is not required if the individual is living in the US but working overseas - and that is basically what remote work is - working outside of the US. The US has no control over what happens in other countries. It cannot tell a foreign employer that it cannot employ an individual who is not taking a job away from a US resident or citizen, nor is having deductions at source taken by the IRS. It is up to the employee to declare their 'world wide' earnings to the IRS and to file a tax return, often taking advantage of tax treaties with foreign countries to prevent double taxation. 

 

An EAD is for employment in the US that is subject to US legislation, US employment standards and US employment benefits and deductions (Soc. Sec/ UI, etc.). It is not required for employment outside of the jurisdiction of US employers.

 

It is also important to realize that most of the wording on the instructions and application forms for the various visas has not been updated to incorporate circumstances of remote work since that is a relatively recent ability. The intent of the EAD is to ensure no US worker gets displaced by someone who isn't authorized to work in the US. Remote work is not working in the US - it is working overseas.

 

 

Makes sense! Thank you so much

[sumbunny 566]

Just now, Carito3 said:

Makes sense! Thank you so much

FYI, I probably wouldn't chance it myself personally because it does seem to be a bit of a grey area and a heated topic if you search the forums here, so definitely don't take my word for it and do your research <3

[Kiera22 31]

Hi Guys, long time lurker here, we have just got an update from the app for an RFE, our  received date is 10th October so I am in disbelief right now and I’m not sure if I even trust it...if it’s a false alarm I will let you know! 

[Enita 49]

3 minutes ago, Kiera22 said:

Hi Guys, long time lurker here, we have just got an update from the app for an RFE, our  received date is 10th October so I am in disbelief right now and I’m not sure if I even trust it...if it’s a false alarm I will let you know! 

OMG! October 10th already! well even tho its on RFE your case is moving! congrats! 😊

[Oldrae 148]

3 hours ago, Mgdtime97 said:

We were approved!!  I just received notification!!

Received Oct 5th!!

Omg!!! CONGRATULATIONS!!! I'm still waiting for mine 😧😧 it says in the new USCIS website the recieved it Oct5. I hope I'm next 😥