Working for current UK employer remotely in US

[Boiler 45,558]

1 minute ago, ra0010 said:

But they quote publications from IRS

I believe the question is more focused on the Immigration aspect.

 

[Rocio0010 5,579]

7 minutes ago, Boiler said:

I believe the question is more focused on the Immigration aspect.

 

True. I was just pointing out that it is not an opinion. 

[mattUsUkr 5]

Anyone know any members/threads who HAVE worked remotely in the US while waiting for the greencard? If someone does work remotely for a foreign company, is there any way for USCIS to know (I'm not debating ethics with this question, just asking if in some part of the process they can figure out that you did something you're not supposed to do).

 

After reading through some threads, I'm trying to straighten out my information. Is the following accurate:

1) It is possible to apply for an EAD (temporary work permit) while on the K1 visa, ie while being a fiance.

2) It is not possible to have an EAD after getting married (ie "nullifying" the K1 status) and waiting for the greencard.

2a) I thought a while ago I had read that when you apply for the greencard (let's say estimated 13 months to receive it, even though there is plenty of variability) you can also apply for an EAD, which could take about 5 months to get, but would allow you to work earlier than getting the greencard. Is this possible?

[Crazy Cat 41,904]

11 minutes ago, mattUsUkr said:

Anyone know any members/threads who HAVE worked remotely in the US while waiting for the greencard? If someone does work remotely for a foreign company, is there any way for USCIS to know (I'm not debating ethics with this question, just asking if in some part of the process they can figure out that you did something you're not supposed to do).

 

After reading through some threads, I'm trying to straighten out my information. Is the following accurate:

1) It is possible to apply for an EAD (temporary work permit) while on the K1 visa, ie while being a fiance.

2) It is not possible to have an EAD after getting married (ie "nullifying" the K1 status) and waiting for the greencard.

2a) I thought a while ago I had read that when you apply for the greencard (let's say estimated 13 months to receive it, even though there is plenty of variability) you can also apply for an EAD, which could take about 5 months to get, but would allow you to work earlier than getting the greencard. Is this possible?

1.  Any authorization would expire after 90 days.......long before you would receive the EAD.....and there would be a wasted fee.

2.  ??????  

2a. Most people apply for an EAD (via an I-765) and Advance Parole document (via an I-131) concurrently when submitting the I-485 package for adjustment of status.  There is no fee if filed concurrently or after submitting the I-485 .   It can take as long as 10 months to get.  Once the Green Card is approved & issued, it replaces the EAD as authorization to work. 

Edited August 3, 2021 by Lucky Cat

[Boiler 45,558]

There is always the opportunity to seek an expedite but they seem harder to get.

[Joe Kano 327]

4 hours ago, ra0010 said:

Please reference your source.

From following the way immigration works in the USA

 

Just simple to figure out, since most people who immigrate to USA are going to be working for a US Based company you would need a work permit. If you are still working for a non us based company then you are not taking work from US workers.

 

Just like when I go to the Philippines for a few months, That country will actually arrest you for overstaying a visa, they have hotlines you can call or text and get a reward.  It fine and dandy for me to work over there since my company is based in the USA, they don't care.

 

 

[retheem 566]

23 hours ago, LKA said:

Hello all! Our K-1 FINALLY has movement!! It has been 20 months to the day since our application has been accepted by USCIS and almost 18 months since we have seen each other! We are currently awaiting approval from my fiancé's  physical so we can schedule his interview. He has updated his boss on the status and his boss has offered to let him work remotely in the US once he gets moved. We can not seem to find any info on the subject. If its allowed, who we need to report to about it, how we go about it....nothing. We are hoping he will be here by Christmas and there won't be a break in income for him while we wait for his green card. He intends to integrate completely to the American workforce but thought it would be nice to keep his current job while he looks for a job that suits instead of one he needs. Any help would be GREATLY appreciated! 

If working for a US employer or US based branch of his current company, he will need a work permit. If he works for a British employer, no need for work work permit. Think about it this way; why would you need a permit from UK to work in another country? Same logic. Zero correlation. 

[Crazy Cat 41,904]

13 minutes ago, retheem said:

If working for a US employer or US based branch of his current company, he will need a work permit. If he works for a British employer, no need for work work permit. Think about it this way; why would you need a permit from UK to work in another country? Same logic. Zero correlation. 

Maybe because the work is being done from within the US...The US controls authorization for any work done from within its borders.  At the end of the day, it's a non-issue.  

-Lucky Cat out-

Edited August 3, 2021 by Lucky Cat

[Joe Kano 327]

4 hours ago, ra0010 said:

Please reference your source.

You reference you source where it say one a K1 can't work for a company based outside of the USA.

 

I remember just  a few years ago, K1 immigrants were all getting EAD stamps on entry at JFK, Do you remember that ?

[retheem 566]

47 minutes ago, mattUsUkr said:

Anyone know any members/threads who HAVE worked remotely in the US while waiting for the greencard? If someone does work remotely for a foreign company, is there any way for USCIS to know (I'm not debating ethics with this question, just asking if in some part of the process they can figure out that you did something you're not supposed to do).

 

After reading through some threads, I'm trying to straighten out my information. Is the following accurate:

1) It is possible to apply for an EAD (temporary work permit) while on the K1 visa, ie while being a fiance.

2) It is not possible to have an EAD after getting married (ie "nullifying" the K1 status) and waiting for the greencard.

2a) I thought a while ago I had read that when you apply for the greencard (let's say estimated 13 months to receive it, even though there is plenty of variability) you can also apply for an EAD, which could take about 5 months to get, but would allow you to work earlier than getting the greencard. Is this possible?

Actually quite a lot do that.

Edited August 3, 2021 by retheem

[Rocio0010 5,579]

31 minutes ago, Joe Kano said:

From following the way immigration works in the USA

 

Just simple to figure out, since most people who immigrate to USA are going to be working for a US Based company you would need a work permit. If you are still working for a non us based company then you are not taking work from US workers.

 

Just like when I go to the Philippines for a few months, That country will actually arrest you for overstaying a visa, they have hotlines you can call or text and get a reward.  It fine and dandy for me to work over there since my company is based in the USA, they don't care.

 

 

Just because a country doesn’t care, it doesn’t mean others won’t. Argentina does not require work authorization for immigrants; by your logic I shouldn’t have waited to get my EAD to start working.

[Joe Kano 327]

4 minutes ago, ra0010 said:

Just because a country doesn’t care, it doesn’t mean others won’t. Argentina does not require work authorization for immigrants; by your logic I shouldn’t have waited to get my EAD to start working.

Lets stick with the USA.  Show me where USCIS say a person can't work for an non US Based company during the K1 process or after entering the country. 

 

I will wait.......

[Rocio0010 5,579]

1 minute ago, Joe Kano said:

Lets stick with the USA.  Show me where USCIS say a person can't work for an non US Based company during the K1 process or after entering the country. 

 

I will wait.......

I talked about Argentina because you talked about it what is allowed in another country vs the US, my point is that just because it’s fine in a foreign country it doesn’t mean it’s legal here. 
I am looking for resources that say that this is not allowed, and there is no agreement. USCIS doesn’t even mention that, and the rest are attorneys that claim that this is a gray area; so just like I couldn’t find any official sources that say it is NOT legal, I couldn’t find any saying openly it is. So it seems that  -at the end of the day- it all depends on the risk that the beneficiary wants to run. Personally, I wouldn’t risk it.

[Joe Kano 327]

10 minutes ago, ra0010 said:

I am looking for resources that say that this is not allowed, and there is no agreement. USCIS doesn’t even mention that, and the rest are attorneys that claim that this is a gray area; so just like I couldn’t find any official sources that say it is NOT legal, I couldn’t find any saying openly it is. So it seems that  -at the end of the day- it all depends on the risk that the beneficiary wants to run. 

I agree with you 100% there it doesn't say either way.

 

I don't see it as a risk, but everyone is entitled to their opinion.  And as I stated early when you asked for my references, I just use what I know about US immigration and make my opinion.  👍

 

Cheers 

[Rocio0010 5,579]

3 minutes ago, Joe Kano said:

I agree with you 100% there it doesn't say either way.

 

I don't see it as a risk, but everyone is entitled to their opinion.  And as I stated early when you asked for my references, I just use what I know about US immigration and make my opinion.  👍

 

Cheers 

The caveat is that I don’t think USCIS has thought about modern world and the ability to telework. I’m pretty sure a lot of people do it without even thinking about it!