I got my K-1 visa and I am leaving to U.S. on Friday. Our wedding is in July. My question is that if I still could work for my employer in Canada while I am waiting for a working authorization for woking in the States?
Thanks.
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VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card
Good Question. Someone let us know. I'm in the same boat...............it would be nice to be able to work in either Canada or the US.
I'm confused. If you are here on a K1 how can you go back to Canada to work?
QUOTE(jasman0717 @ May 2 2006, 06:30 PM) 
I'm confused. If you are here on a K1 how can you go back to Canada to work?
I am a researcher. I can work at home.
QUOTE(huahua @ May 2 2006, 05:32 PM)
I am a researcher. I can work at home.
I've not read anything official on that but it would seem that working remotely for a Canadian employer would be fine. Get a second opinion though.
Friend of mine on a K1 who does internet research for a UK company asked about continuing while he waits for EAD.... he was told you are not authorised to do anywork within the USA until you have EAD.... it does not mater who it is that employs you... it is the fact that you are in the USA and therefor liable for US tax....
Kezzie
Kezzie
QUOTE(Kezzie @ May 3 2006, 05:34 AM)
Friend of mine on a K1 who does internet research for a UK company asked about continuing while he waits for EAD.... he was told you are not authorised to do anywork within the USA until you have EAD.... it does not mater who it is that employs you... it is the fact that you are in the USA and therefor liable for US tax....
Kezzie
I am in the UK waiting for a K1 visa. I am self employed and work for clients on the net on both sides of the Atlantic. My accountant has told me that when I enter the US I will still be taxed by the Inland Revenue in the UK until I am married. At that point the IRS takes over. The important point here is possibly that the K1 visa is a non-immigrant visa. An accountant I have contacted in the US has still not been able to verify whether I can work legally until I am married, particularly as I will continue to be taxed in the UK. I suspect that as "teleworking" is a fairly new area the law may not cover it properly. The consensus seems to be that this sort of self employed work would be OK until the point of marriage. Then under the IRS any work would be illegal without an EAD.
It is not the IRS rules you need to worry about it is the USCIS rules.... and they state that you can not do any work without EAD.... as a K1 holder you are entitled to a EAD..... you would need to enter via JFK and get a temp EAD stamp... it is valid for 90 days from the date you entered at the end of the 90 days you will have to stop working and wait for your 1 year EAD that you file for with your AOS....
If you dont enter through JFK then you can file for EAD and it again will be valid for 90 days and will take about 70 - 80 days to get.....so you may be able to work for 10 days or so....
As for as UK Tax you are not liable for UK tax from the date you leave the country and are no longer earning any income as you are no longer resident... nothing to do with the date you get married....
Kezzie
If you dont enter through JFK then you can file for EAD and it again will be valid for 90 days and will take about 70 - 80 days to get.....so you may be able to work for 10 days or so....
As for as UK Tax you are not liable for UK tax from the date you leave the country and are no longer earning any income as you are no longer resident... nothing to do with the date you get married....
Kezzie
Kezzie,
Or perhaps Houston, or coming from Canada perhaps the bridge to Detroit.
Yodrak
.... as a K1 holder you are entitled to a EAD..... you would need to enter via JFK and get a temp EAD stamp...
Kezzie
Or perhaps Houston, or coming from Canada perhaps the bridge to Detroit.
Yodrak
QUOTE(Kezzie @ May 4 2006, 06:22 AM)
.... as a K1 holder you are entitled to a EAD..... you would need to enter via JFK and get a temp EAD stamp...
Kezzie
If your being paid in Canadian Dollars into a Canadian Bank account using a Canadian SS number, then go for it.
Do not believe the hype on this board, there is far to much scar mongering.
Do not believe the hype on this board, there is far to much scar mongering.
leroy,
For most of us it's not scare mongering. It's that we don't openly advise people to break the law - they can decide about that for themselves.
Yodrak
If your being paid in Canadian Dollars into a Canadian Bank account using a Canadian SS number, then go for it.
Do not believe the hype on this board, there is far to much scar mongering.
For most of us it's not scare mongering. It's that we don't openly advise people to break the law - they can decide about that for themselves.
Yodrak
QUOTE(leroy1999 @ May 4 2006, 02:52 PM)
If your being paid in Canadian Dollars into a Canadian Bank account using a Canadian SS number, then go for it.
Do not believe the hype on this board, there is far to much scar mongering.
I do not scare monger.... I will not encourage anyone to break the law.... if you were allowed to work with out authorisation then none of us would have to apply for EAD.... we would all just be going out and finding a job.... many many people who needed to be working have had to wait for EAD what make you think you are any diffrent?????
Kezzie
Kezzie
show me the law then ?
Show me EXACTLY where it states that if your in the US on a K1 Visa you CANNOT work for a foreign firm and be paid into a foreign account ?
It's your interpretation of the law....
I would like to go on record and say you SHOULD not work "Inside" the US without an EAD in the US - That I think is crystal clear.
Show me EXACTLY where it states that if your in the US on a K1 Visa you CANNOT work for a foreign firm and be paid into a foreign account ?
It's your interpretation of the law....
I would like to go on record and say you SHOULD not work "Inside" the US without an EAD in the US - That I think is crystal clear.
QUOTE(Yodrak @ May 4 2006, 12:07 PM)
It's that we don't openly advise people to break the law - they can decide about that for themselves.
Did anyone see Boston Legal this week? Alan Shore was up on trial for advising his client to run.
Except Alan didn't. But the client did.
http://abc.go.com/primetime/bostonlegal/re...season2/24.html
leroy,
If you want to discuss the details of the law do it with a lawyer.
As a layman I agree that your statement for the record is both clear and accurate. The nationality of the employer and nationality of the bank where the remuneration is deposited are not relevant, what's relevant is where the work is being performed. And if the work is being performed in the USA then the person who is performing the work must be authorized to work in the USA.
Yodrak
show me the law then ?
Show me EXACTLY where it states that if your in the US on a K1 Visa you CANNOT work for a foreign firm and be paid into a foreign account ?
It's your interpretation of the law....
I would like to go on record and say you SHOULD not work "Inside" the US without an EAD in the US - That I think is crystal clear.
If you want to discuss the details of the law do it with a lawyer.
As a layman I agree that your statement for the record is both clear and accurate. The nationality of the employer and nationality of the bank where the remuneration is deposited are not relevant, what's relevant is where the work is being performed. And if the work is being performed in the USA then the person who is performing the work must be authorized to work in the USA.
Yodrak
QUOTE(leroy1999 @ May 4 2006, 05:01 PM)
show me the law then ?
Show me EXACTLY where it states that if your in the US on a K1 Visa you CANNOT work for a foreign firm and be paid into a foreign account ?
It's your interpretation of the law....
I would like to go on record and say you SHOULD not work "Inside" the US without an EAD in the US - That I think is crystal clear.
Add the awkward fact that a K-1 is EA for the first 90 days....
oy, I hate this question.
leroy,
If you want to discuss the details of the law do it with a lawyer.
As a layman I agree that your statement for the record is both clear and accurate. The nationality of the employer and nationality of the bank where the remuneration is deposited are not relevant, what's relevant is where the work is being performed. And if the work is being performed in the USA then the person who is performing the work must be authorized to work in the USA.
Yodrak
show me the law then ?
Show me EXACTLY where it states that if your in the US on a K1 Visa you CANNOT work for a foreign firm and be paid into a foreign account ?
It's your interpretation of the law....
I would like to go on record and say you SHOULD not work "Inside" the US without an EAD in the US - That I think is crystal clear.
oy, I hate this question.
QUOTE(Yodrak @ May 4 2006, 02:36 PM)
leroy,
If you want to discuss the details of the law do it with a lawyer.
As a layman I agree that your statement for the record is both clear and accurate. The nationality of the employer and nationality of the bank where the remuneration is deposited are not relevant, what's relevant is where the work is being performed. And if the work is being performed in the USA then the person who is performing the work must be authorized to work in the USA.
Yodrak
QUOTE(leroy1999 @ May 4 2006, 05:01 PM)
show me the law then ?
Show me EXACTLY where it states that if your in the US on a K1 Visa you CANNOT work for a foreign firm and be paid into a foreign account ?
It's your interpretation of the law....
I would like to go on record and say you SHOULD not work "Inside" the US without an EAD in the US - That I think is crystal clear.
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