Can K1 visum holder in the US be employed by employer in origin of country before EAD is issued?

[SanneQ 2]

Hey everyone,

I am a K1 visum holder from the Netherlands and moved to California last month. My fiancé and me marry next week (big yays and hoorays!) and I will start the AOS procedure and apply for a work permit (EAD) directly the day after.

I understand that I am not eligible to work in the United Stated until I receive my EAD.

I am a researcher and my previous employer wants to offer me a post-doc where I would collect data in the United States. In other words: I will be paid and employed by a Dutch organization, but my work would take place in the United States. I am very enthusiastic about the job and the extra income is wanted (but not necessary), so preferably I'd start asap and not wait 3 to 4 months for my EAD.

Is it possible for me to work without a work permit, considering that I'm not being paid by a US organization but a Dutch one? I can see it might be problematic considering the work would take place in the US. I tried calling USCIS to ask this question, but I just can't get a peron on the phone in that maze of menu options. If anyone has experience with a similar issue, I'd love to hear about it.

[teeak 224]

I think this is a gray area and many lawyers will give different answers. Here's a blog post where two lawyers argued about this very scenario:

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

[SanneQ 2]

Thank you for sharing that link Teeak!