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david221g

Working remotely while waiting for my EAD (K1 visa)

By david221g in Work Visas

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david221g Contributor

david221g   20

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Hi Guys,

 

I recently got my K1 approved and I intend to move to the US on March 1st. 2018.

I know that once I get married, I should also file for EAD (work permit) in order to legally work.

 

My situation is a bit unique, and I'm seeking your advice-

My current employer in my home country wants me to keep working for him continuously , remotely, even after my move to the US.

I also read that it takes a few months to get a permit (EAD) and even longer for the green card.

 

Is it legal/illegal to work remotely for a foreign country ,getting foreign  salary to a foreign  bank account, while waiting for my EAD?

(My question is from an immigration standpoint and not tax related)

Google is full of divided and unclear answers, and I want to know if there a "clear-cut" law in this case (like a USCIS caveat).

 

Thanks,

Dave

 

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TNJ17 Proficient

TNJ17   1,329

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Filed: K-1 Visa Country:
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That’s legal. What you can’t do is get paid for a US job. Just remember that if you do continue to work for your home country and they need you back in your home country for anything that you need to wait for AP approval and that takes as long as EAD. So if they require you to go back and forth in the first few months you’re SOL. 

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david221g Contributor

david221g   20

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26 minutes ago, TNJ17 said:

That’s legal. What you can’t do is get paid for a US job. Just remember that if you do continue to work for your home country and they need you back in your home country for anything that you need to wait for AP approval and that takes as long as EAD. So if they require you to go back and forth in the first few months you’re SOL. 

Thank you for your response!

 

To make it simple, the job is strictly remote, I will definitely won't need to go back to my home country.

The company does not have a branch or any representation in the US (in case it matters).

 

Is there any 'support/evidence' to make sure it's legal? (like on USCIS website)

 

Thanks again!

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SusieQQQ Grand Master

SusieQQQ   11,586

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1 hour ago, david221g said:

 

To make it simple, the job is strictly remote, I will definitely won't need to go back to my home country.

The company does not have a branch or any representation in the US (in case it matters).

 

Is there any 'support/evidence' to make sure it's legal? (like on USCIS website)

 

 It’s a grey area. A friend of mine doing the same thing on H4 was informed she was in violation of the no-work provision of her visa.

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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Not legal.

 

Maybe not illegal.

 

Main issue practically will be sorting out taxes.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 7 months later...
Boiler Grand Master

Boiler   45,486

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Always tell the truth.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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WeGuyGal Proficient

WeGuyGal   1,052

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2 hours ago, danielparker0206 said:

If you do it - is it best to note it on your AOS forms? (I485), or does it just make sense to leave it in the background.

Dated thread

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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