Legally working in the US prior to getting Green Card

[KK_Shanks 7]

I have no intention of breaking the law so I would like the legal answer if it is known.

All going well, I should have my visa approved in the next week or so and I am planning to move to the US in mid September. (yes it is within the 6 months of the medical)

I talked to my boss about me moving to the US and he has asked if I would be interested in continuing working for him but remotely in the US. I would like to help them out if possible, but obviously I cannot get a green card until I have got married and completed AOS which I plan on doing ASAP.

Does my lack of green card stop me from legally working US based jobs only or does it stop me from working ANY jobs when I live in the USA?

If I cannot work ANY jobs then so be it, but I would like to help my boss out if I can, and if i can't, I'll probably help him out where I can for free to keep myself busy rather than be <DELETED> sitting around and playing video games all day (as fun as that does sound, it's not very productive)

TIA

 

Edited April 19 by Crazy Cat

[Boiler 45,451]

When you have EAD you are authorised to work. You do not need to wait for GC, you need to sort out the contractual situation taxes etc

[Crazy Cat 41,814]

****Content of one comment edited to removed objectionable language****

[KK_Shanks 7]

1 hour ago, Boiler said:

When you have EAD you are authorised to work. You do not need to wait for GC, you need to sort out the contractual situation taxes etc

I will be entering on a K1 visa. Does that give me the EAD?

 

[Boiler 45,451]

16 minutes ago, KK_Shanks said:

I will be entering on a K1 visa. Does that give me the EAD?

 

Eventually

 

You marry, then file to adjust including EAD and AP.

[Dashinka 24,483]

32 minutes ago, KK_Shanks said:

I will be entering on a K1 visa. Does that give me the EAD?

 

You will submit the I765 with the AOS package to apply for an EAD.  Once you get the receipt notice for the I765, you can request an expedite with a valid job offer.  Have your boss put together something formal saying they want to employ you for the expedite.  Also, apply for your SSN number a day or so after you arrive.

 

Good Luck!

[Crazy Cat 41,814]

4 hours ago, KK_Shanks said:

I will be entering on a K1 visa. Does that give me the EAD?

 

Your US fiance should have discussed things like this with you.  The immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  The following K-1 flowchart might be helpful:

 

 

Edited April 19 by Crazy Cat

[Redro 4,611]

8 hours ago, KK_Shanks said:

I have no intention of breaking the law so I would like the legal answer if it is known.

All going well, I should have my visa approved in the next week or so and I am planning to move to the US in mid September. (yes it is within the 6 months of the medical)

I talked to my boss about me moving to the US and he has asked if I would be interested in continuing working for him but remotely in the US. I would like to help them out if possible, but obviously I cannot get a green card until I have got married and completed AOS which I plan on doing ASAP.

Does my lack of green card stop me from legally working US based jobs only or does it stop me from working ANY jobs when I live in the USA?

If I cannot work ANY jobs then so be it, but I would like to help my boss out if I can, and if i can't, I'll probably help him out where I can for free to keep myself busy rather than be <DELETED> sitting around and playing video games all day (as fun as that does sound, it's not very productive)

TIA

 

short answer: you aren’t allowed to work until you marry, apply for AOS and EAD and receive your EAD. so, you cannot work as soon as you arrive to the US. 
 

Long answer: 

You are not allowed to work any jobs including remote jobs/ jobs based in another country. 
Additionally, the job you are working now would have to go through a process to be compliant working with someone based in the US (and pay your U.S. taxes and  other costs) or you would have to be working as a contractor and pay taxes on the income you earned yourself.But you have to be authorized to work in the US. So, you will be sitting around the home waiting for the EAD Or green card before you can work. hopefully it will only be 3 months or so but be prepared to wait up to a year. 
 

[OldUser 6,616]

Unless it's a dream job or position in very niche industry, I wouldn't bother continuing employment with the firm based in NZ.

 

Here are the reasons:

1) You cannot legally work until you get SSN + EAD (after marriage and filing AOS packet)

2) When you have SSN + EAD, is the pay competitive with what US employers offer? Coming from Europe I found salaries are higher in the US for skilled workers on average.

3) Are you ready to deal with tax implications related to working for remote employer in another country?

4) Don't you want to build US work experience to strengthen your employability in the future?

5) What timezone are you going to be working in? Is it worth it?

6) US employers provide medical insurance (very expensive). Are you going to pay it yourself?

 

Seems like you did a good job and your boss doesn't want to lose you, but sometimes it's just time to move on

 

When I was leaving to the US on work visa, my boss back in Europe was jokingly asking whether I can take him to the US 😂

 

[Crazy Cat 41,814]

***Comment and quote bordering on TOS removed***

[powerpuff 6,689]

*** Topic moved from K1 forum to Working & Traveling during US immigration as the question is about working while AOS pending ***

[SalishSea 17,810]

12 hours ago, KK_Shanks said:

I will be entering on a K1 visa. Does that give me the EAD?

 

Can take 6-8 months, which is a well known drawback of the K-1.

 

You cannot work remotely prior to having an EAD or GC.

[SalishSea 17,810]

11 hours ago, Dashinka said:

You will submit the I765 with the AOS package to apply for an EAD.  Once you get the receipt notice for the I765, you can request an expedite with a valid job offer.  Have your boss put together something formal saying they want to employ you for the expedite.  Also, apply for your SSN number a day or so after you arrive.

 

Good Luck!

Job offer for foreign remote job?   Not sure that would compel an expedite….

[Dashinka 24,483]

8 minutes ago, SalishSea said:

Job offer for foreign remote job?   Not sure that would compel an expedite….

Maybe not, but we really do not know any details of the entire situation.

[KK_Shanks 7]

Not so much of a job offer, more that my boss doesn't want me to go and has asked if I can keep doing what I am doing now but from another country. But it seems the answer is a resounding no, so I'll be delivering him the bad news on Monday. Thanks for the advice guys and gals, I'm glad I didn't go with my intuition and end up getting myself in trouble.

But in good news, I checked the consulate for updates on my visa application today and WooHoo, I have an approval status, I checked my courier bag and that is on its way to me too. Very exciting, but also scary.