Need to work whileon K1 Visa / EAD is pentding

[Montreal.Fiance 0]

Hi,

I just received my K1-Visa a few days ago and I was planning to enter the US just before X-mas. My Canadian company has offered me a position in their NY office, but I informed them I cannot work for an American company until I receive my EAD. My company doesn't want to lose my expertise; they want me to continue working for them. I want to propose the possibility of working for the Canadian office remotely from the US until I get married and apply for my EAD (and AOS). Once my EAD is in-hand, I will probably apply and transfer to the US based office. Is this legal? If it isn't, are there other Visas or options that will allow me to continue working for my company's Canadain or US branch while awaiting my EAD?

Thanks,

[mrsalfayad 6]

hmmm..well, right now in your role in the canadian office, who cuts your check? does it come from canada and you pay canadian taxes on it? i think if that continues while you work remotely in the US, you should be okay.

if the company cuts the check from the US and if they cannot file taxes for you since you don't have a ssn, that would be a problem.

but i am not 100% sure...so you should definitely get some expert advice to make sure that you do not jeopardize your visa. best of luck!

[Montreal.Fiance 0]

Wow...that was fast...Thanks for your reply.

Right now, I get paid in Canadain dollars and pay Canadain taxes. From my understanding, I cannot work for a US based company while on a K1 Visa or EAD pending status. There is never a clear decisive answer if working for a Canadian or foreign company is legal while an EAD is pending in the US. I understand that I will have to pay taxes to the US after 183 days of living in the US and partial taxes to whatever I still owe the Canadain government. No matter what we all have to pay our taxes I am very concerned with immigration laws...getting my AOS refused will be very devestating.

[mrsalfayad 6]

if your company REALLY REALLY wants you to continue working during the time before you get your EAD, they should pay for a legal consul (that might be asking too much -- but my company, for example, offers free legal advice to employees as part of our benefits package). there really isn't crystal clear information out there, and like you said, risking your AOS for a few months of work would be terrible.

best of luck!

[VanessaTony 3,567]

I just received my K1-Visa a few days ago and I was planning to enter the US just before X-mas. My Canadian company has offered me a position in their NY office, but I informed them I cannot work for an American company until I receive my EAD. My company doesn't want to lose my expertise; they want me to continue working for them. I want to propose the possibility of working for the Canadian office remotely from the US until I get married and apply for my EAD (and AOS). Once my EAD is in-hand, I will probably apply and transfer to the US based office. Is this legal? If it isn't, are there other Visas or options that will allow me to continue working for my company's Canadain or US branch while awaiting my EAD?

Working remotely isn't a problem, but going into the office in NY and working there IS a problem. Doesn't matter if "technically" you don't work for that office because someone who comes to the US to do that is typically there on a business visa.

You would be better off arriving and marrying ASAP then applying for AOS/EAD/AP. You are going to have to take a 3 month (or so) break from work unless they permit you to work from home, TRULY remotely. Again, you cannot work out of the NY office, that is against the rules.

...risking your AOS for a few months of work would be terrible.

There is no risk to her AOS, illegal work is forgiven for the spouse of a USC, but that doesn't mean she should. It would also mean her work could get into trouble for illegal hiring practices. She is better off waiting. She can still get into trouble if she's caught working illegally, just doesn't affect her AOS.