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Jared&Roxy

Can a K1 continue working remotely for their Canadian company before they have EAD? Can the company expedite EAD if it is needed?

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Filed: AOS (apr) Country: Canada
Timeline
Posted

I spoke to my manager today and he wants me to stay on as an employee or a contractor if possible, at least during the transition time. I will speak with HR soon and maybe legal, but I feel like this is one of those cases where not many people know.

 

It is a Canadian company that has locations internationally. It's an acquisition-based company and my department/division are in Canada and I would be helping them out only. 

 

(I am asking this in the Canada discussion board since it is a Canadian employer but I understand if it has to be moved to a better area)

K1 (Canada to USA)

NOA1: 05/09/19

NOA2: 08/12/19

P3: 09/26/19

P4: 11/04/19

Medical: 12/19/19

Interview: 01/15/20

K1 in possession: 02/05/20

  • First K1 issued: 01/17/20
  • First K1 sent back due to typo: 01/28/20
  • Final K1 issued: 02/03/20
  • Final K1 in possession: 02/05/20

Entered USA: 02/29/20

Married: 04/18/20

AOS Filed: 09/28/20

AOS NOA: 10/08/20

Biometrics: 07/14/21

AOS Interview: 08/30/21

AOS Approval: 09/03/21

GC Received: 09/11/21

ROC Filed: 06/23/23

ROC NOA: 06/30/23

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
25 minutes ago, Jared&Roxy said:

I spoke to my manager today and he wants me to stay on as an employee or a contractor if possible, at least during the transition time. I will speak with HR soon and maybe legal, but I feel like this is one of those cases where not many people know.

 

It is a Canadian company that has locations internationally. It's an acquisition-based company and my department/division are in Canada and I would be helping them out only. 

 

(I am asking this in the Canada discussion board since it is a Canadian employer but I understand if it has to be moved to a better area)

Here is one immigration attorney's view of working remotely without authorization.

 

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

image.png.968d8612bce721e9a6bed6b0ef7013e5.png

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted (edited)
22 minutes ago, Jared&Roxy said:

I spoke to my manager today and he wants me to stay on as an employee or a contractor if possible, at least during the transition time. I will speak with HR soon and maybe legal, but I feel like this is one of those cases where not many people know.

 

It is a Canadian company that has locations internationally. It's an acquisition-based company and my department/division are in Canada and I would be helping them out only. 

 

(I am asking this in the Canada discussion board since it is a Canadian employer but I understand if it has to be moved to a better area)

No. You can't work. Doesn't matter if is in the US or whatever, until get your work permission 

Edited by Juli.
Filed: Citizen (apr) Country: Canada
Timeline
Posted

No you can't until you receive your EAD

NATURALIZATION -WOOOHOO

Final paperwork sent to lawyer - 14-Dec-2015

GC-Date: Resident Since 02/13/2013

Sent: N-400 Sent 12/21/2015
NOA: 12/24/2015

Biometrics: 01/20/2016
In Line: 01/25/2016
Int Ltr: 01/28/2016
Interview: 03/08/2016
Oath: 04/14/2016
Field Office: Buffalo NY

I am a US Citizen!!!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Many Canadian have continued to work remotely for their Canadian employer. During the AOS interview a few members were asked about their continued work with that employer.

But one difference here with you is that your employer is international. They are not a Canadian only business and that is what is going to be what the issue is. So staying on as an employee wouldn't help, and if you tried to stay on as a contractor then you would be self employed working in the US and that you would not be able to do without and EAD.

 

I know everyone says you cannot do remote work without and EAD but and EAD is just permission for a US employer it serves no purpose for an employer in another country. You can ask multiple lawyers the same question and you will get answers both ways. The law hasn't caught up with technology so this stays a gray area until the law catches up.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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