Working for European company whist waiting for adjustment of status in US

[woollysheep 0]

I am in the USA, having arrived a few weeks ago on my K1 visa. Due to the COVID-19 pandemic, I had to come over much earlier than planned because of the travel restrictions. I am currently working remotely for my UK-based employer, doing the same job I've been doing for over two years but I am reading really conflicting views online about whether this is allowed, and it seems to be a very grey area. Some people seem very certain that it's okay because it's not a US based employer, and I'm not doing work for a US business, whereas others are saying any form of employment is not okay. 

 

My employment ends with them on the 31 July and I've been honest on my forms ready to submit to the USCIS, but I am wondering whether I need to try and leave earlier than that and terminate my employment ASAP?

[Crazy Cat 42,217]

There are differing opinions about this:  Here is an interesting attorney debate.  This is one of the only articles I have found with references to back up her opinion..

 

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

 

Edited April 6, 2020 by Lucky Cat

[Boiler 46,055]

A lot of it comes down to how risk adverse you are, of course the US tax implications still arise but that is something to discuss with your CPA.

[woollysheep 0]

It would be good to know whether there's been anyone who has had their green card declined due to this issue. Judging by forums I've read, I can't see anyone who has said that their green card has been denied because of it. By the time I have my interview for my green card, I will have finished my role at the end of July so it doesn't feel like it should be a deal breaker but good to know what other people have been through. 

[payxibka 10,047]

In my wife's interview the officer was interested in this topic and asked question specifically and in several different ways.   

[woollysheep 0]

@payxibka What sort of questions were they asking? And did it seem like a problem? I'm assuming she was working during that period of time remotely.

[payxibka 10,047]

Just now, woollysheep said:

@payxibka What sort of questions were they asking? And did it seem like a problem? I'm assuming she was working during that period of time remotely.

No, she wasn't working.   She was asked about work and she answered no.  A couple moments later he asked again if she was sure she never worked. she said no.   He started to ask again and she answered this time that she was pregnant and she didn't have time to work.   He finally seemed satisfied. 

[Greenbaum 12,259]

There are several sources that must looked at in whole.

 

https://www.uscis.gov/working-united-states/working-us

 

1) You must have a Green Card, EAD, or a work-related visa to work in the US

 

2) "Nonimmigrants enter the United States for a temporary period, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued."

 

This means unless you have a visa that allows you to work, you are not allowed to. K-1 visa is not a work visa. 

 

You do not become an immigrant until your adjustment of status, and therefore the quickest you are allowed to work on a K-1 visa is once the EAD has been issued.

 

Then, as far as working in the US for a foreign company goes.... here is a blog post about that has some sources in it

 

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

[Ontarkie 14,444]

~~Moved to Working and Traveling, from K1 P&P as this is a working in the US question.~~

[geowrian 22,338]

7 hours ago, woollysheep said:

It would be good to know whether there's been anyone who has had their green card declined due to this issue.

I disagree. One can overstay a visa and AOS fine (no waiver), but their overstay was obviously a violation of immigration law. The question of ability to AOS is different than that of if it is legal.

[Loren Y 2,756]

6 hours ago, payxibka said:

No, she wasn't working.   She was asked about work and she answered no.  A couple moments later he asked again if she was sure she never worked. she said no.   He started to ask again and she answered this time that she was pregnant and she didn't have time to work.   He finally seemed satisfied. 

Guess it depends on the IO. At our AOS interview the almost exact same questions were asked, First was did you work at all before the interview today, she answered yes, because she had worked. The next question was exactly like this. I see you have your EAD/AP card ( We had to show them along with ID at beginning of interview, and they were literally laying on the desk) did you work after receiving your EAD/AP card. Her answer was again a Yes as she started working after she had the card. That seemed to be the end of the work questions, though I was expecting the " Did you work before your EAD card showed up", but that question never appeared, as he seemed to be satisfied.

 

I've seen this question asked a lot on here, and @Lucky Cat has your best answer above. While working here for a foreign company is technically allowed if they have no ties at all to the US, the Tax man comes into play after you make more than 3000 dollars on US soil no matter how you are here. Another factor is that all Illegal work is forgiven if you marry a US citizen, it would just have to be mentioned if asked. So it's a tough call if you should continue to work. Immigration wise you are pretty safe in the way the current law is written, but the downside is the Law the IRS enforces is not a grey area at all, so worst case is you would have to claim any monies earned over 3000 while on US soil, but that is a separate issue from immigration. It's a tough choice to make.