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CamiBrad

Under a K1 Visa still working for company in Brazil

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Filed: K-1 Visa Country: Brazil
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Hi guys, I don’t know if anyway here have been through something similar. My boss really likes my work and deliveries. He knows I applied for the K1, and he knows I would quit when I had the visa in hands. But the thing is that he offered me to keep paying for my salary (which would be paid for the affiliate in Brazil) but work at the dependencies of the affiliate in the US. And in the future, when I have my work permit, they would hire me through the affiliate in the US (becoming an employee of this one in the US and quitting from Brazil).

 

My question is: even not receiving a salary through a US based company, could that potentially hurt my AOS process? I wouldn’t do anything that could be a problem in the future when applying for the green card. And that includes giving up on a job if I have to. I was going to do it anyway in first instance. But of course, the possibility of working and having a salary is always something to think about.

 

What are your thoughts?

 

Thank you!

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Filed: K-1 Visa Country: Brazil
Timeline
4 minutes ago, Dee elle said:

I do not believe this will be allowed. I know you are down the track with the K1, but if you changed from the K1, married now and then applied for the spouse  usa, you could continue working and living in Brazil, then when you moved to the US you can immediately work. Add time and a bit more cost to the process? Yes, but some very good outcomes . ....assuming you like the work and the employee!! 

Thanks for your reply. Changing to a CR1 now is not an option anymore. Our K1 interview will be next week. And my boss just put the offer on the table now the he realizes I’m really quitting. But thank you anyway! :) 

Maybe if I knew about the possibility before I would have done the CR1!

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39 minutes ago, CamiBrad said:

But the thing is that he offered me to keep paying for my salary (which would be paid for the affiliate in Brazil) but work at the dependencies of the affiliate in the US.

The issue is performing work within the US. There is a gray area for performing remote work and being paid with a foreign account, but if you're performing the work for/with the US-based company, then this is prohibited until you obtain proof of work authorization (i.e. an EAD).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Brazil
Timeline
16 hours ago, geowrian said:

The issue is performing work within the US. There is a gray area for performing remote work and being paid with a foreign account, but if you're performing the work for/with the US-based company, then this is prohibited until you obtain proof of work authorization (i.e. an EAD).

You're right. It's a grey area! And like I said I wouldn't do anything that could potentially hurt our AOS. Thank you for your thoughts!

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