Continue Work in US after Immigration

[Farrukh Baig 0]

Hi All,

 

We got our immigration through Montreal. My wife is the main petitioner.

 

I was already working in US on TN Visa and also had a SSN. Now that we have the immigration, can you please let me know if I can continue working in US before I get my Green Card or EAD. I already have a job in Michigan.

Is there any way that USCIS will allow me to continue my job. This seems bizarre that I will have to leave my job and wait for the Green Card/EAD to work again.

Please help!!!

 

Thanks and Regards,

Farrukh

[jan22 3,064]

Are you getting an immigrant visa or AOS-ing? Sounds like a visa.  If so, once you use it, you will no longer have TN status, so, yes -- you will have to wait for the EAD.  You could request expedited processing of it because of the jpending ob, but no guarantee on that.

Edited March 31, 2019 by jan22

[JFH 12,191]

If you went through Montreal I assume you are not living in the USA currently? You can work any job (with a few federal office exceptions) once you have cleared POE with your immigrant visa. Doesn’t even have to be the one from before. 

[Farrukh Baig 0]

We are getting a Family based immigrant Visa. We live in Windsor, Ontario Canada and I currently work in Detroit, Michigan on a TN visa.

 

On asking the question, Montreal office informed me that my TN visa will be cancelled and border security will see me as immigrant.

 

My question is, can I continue working for my current employer (Its not a government job) once I move to US, before getting my green card or EAD.

 

Can you guide what is POE.

 

Thanks,

Farrukh

[britishdakota 18]

What immigrant visa do you have in your passport? If you got an immigrant visa such as an IR1 you are able to work immediately, your stamped visa counts as a proof of your lawful permanent residency for 1 year.

[K1visaHopeful 2,879]

17 minutes ago, Farrukh Baig said:

Hi All,

 

We got our immigration through Montreal. My wife is the main petitioner.

Immigration? Meaning what? You applied for a Cr1 Spousal Visa as married to a US Citizen? Or were you a K1 fiancé visa and now married to your USC petitioner?

You're time line and profile is blank so it is very difficult to interpret your immigration situation.

 

I was already working in US on TN Visa and also had a SSN. Now that we have the immigration, can you please let me know if I can continue working in US before I get my Green Card or EAD. I already have a job in Michigan.

It sounds like you entered the US on a K1? If so your TN visa would not be valid and you would have to apply for an EAD in order to work legally in the US before the isiamce of your GC.

 

Is there any way that USCIS will allow me to continue my job. This seems bizarre that I will have to leave my job and wait for the Green Card/EAD to work again.

Not really, as a K1 it is fully understood that the deal for a K1 is not being allowed to work until you have a valid EAD or GC. That's just a shortcoming of the K1 Visa process. Had you wanted to avoid that you could have married your USC and applied for a Cr1 Visa through Montreal instead. It would have added a couple extra months but you would have received your GC upon arrival and could work.

All K1s go through not being able to work. 

You are only one of all of us.

Please help!!!

 

Thanks and Regards,

Farrukh

 

[K1visaHopeful 2,879]

5 minutes ago, britishdakota said:

What immigrant visa do you have in your passport? If you got an immigrant visa such as an IR1 you are able to work immediately, your stamped visa counts as a proof of your lawful permanent residency for 1 year.

Exactly. OP please update what Visa you are applying for. It is very difficult to answer your questions without knowing your visa category.

[Farrukh Baig 0]

Ok, Can you please tell me where to check the Visa Type on the Immigration Visa.

 

Its mentioned "F31" under "IV Category"

[K1visaHopeful 2,879]

2 minutes ago, Farrukh Baig said:

Ok, Can you please tell me where to check the Visa Type on the Immigration Visa.

 

Its mentioned "F31" under "IV Category"

What form did you/your wife fill out?

Edited March 31, 2019 by K1visaHopeful

[Farrukh Baig 0]

DS260 Form for main applicant and I-864 for petitioner 

[K1visaHopeful 2,879]

1 minute ago, Farrukh Baig said:

DS260 Form for main applicant and I-864 for petitioner 

When did you marry your wife? And did she file an I130 petition for Alien Relative?

[Farrukh Baig 0]

We got married in 2004, the immigration was applied in 2005 by my mother in law who is a US citizen. She filed it for her daughter (my wife) under F3 family stream.

Yes my wife filed I-130.

[Farrukh Baig 0]

By the way this is also written in the visa.

 

"IV docs are in CCD"

"UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR"

 

 

[K1visaHopeful 2,879]

8 minutes ago, Farrukh Baig said:

We got married in 2004, the immigration was applied in 2005 by my mother in law who is a US citizen. She filed it for her daughter (my wife) under F3 family stream.

Yes my wife filed I-130.

Does your wife have US Citizenship yet or does she still only have a green card?

[K1visaHopeful 2,879]

3 minutes ago, Farrukh Baig said:

By the way this is also written in the visa.

 

"IV docs are in CCD"

"UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR"

 

 

Have you already attended the interview in MTL and received the Visa? And where are you now?