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tjhfx

Working for Canadian employer while waiting for AOS

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Hi there!

I have a question and have been trying to find an answer but have been unsuccessful so far so I am hoping you can help me! I am a Canadian citizen and we applied for a K1 visa. My interview is scheduled for August and my current employer in Canada is allowing me to work from the States until I can find a job. It is kind of nice because it allows me to earn an income while I am waiting for paperwork. My questions are: 1) Is it possible for me to work remotely for my Canadian employer while waiting for the AOS/Green Card? and 2) if I needed to, is there any way in which I might be able to leave the US for a short period of time until the green card is issued if I needed to go to the office?

Any help would be appreciated! I've been trying to find an answer but have not found a specific situation like mine.

Thanks guys!

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Hi tjhfx - I had a similar situation to yours, where my UK company was looking into giving me remote work while in the US.

However, the more I looked into declaring the work for tax purposes in the country I was domiciled in (the USA) waiting for my EAD the more complicated it became...

You have a situation where for tax purposes you may have told Canada you have left, but in the USA you can't work - so how do you deal with the income? Will it appear on your USA tax return for a period when you were not supposed to be working as without a green card?

Waaay too complicated for my little brain...I'm going to take the hit for the three months, rather than work out if I would be breaking the rules - and start again in the USA

..and here's a hard question for you - would they really be doing you a favour - I know the money would help, when maybe a clean break and really starting your new life, and assimilating to be a true American would be your focus?

Edited by Lauren and Kevin

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Thanks Lauren and Kevin for your reply!

I'm not quite sure it would be an issue in regards to the tax situation. I would still be working for a Canadian employer and as such, file a Canadian tax return at the end of the year. I am just not sure if it is an issue to do it while waiting for my green card/work authorization.

I don't live far from the border so I don't think it is that unusual to travel back and forth between the two countries. It has less to do with me becoming a American than to be with my new family and contributing. Once I am able to legally work in the US, I would stop working for my Canadian employer and find a job here. I am doing my employer a favour and they do me a favour in return :)

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Thanks Lauren and Kevin for your reply!

I'm not quite sure it would be an issue in regards to the tax situation. I would still be working for a Canadian employer and as such, file a Canadian tax return at the end of the year. I am just not sure if it is an issue to do it while waiting for my green card/work authorization.

I don't live far from the border so I don't think it is that unusual to travel back and forth between the two countries. It has less to do with me becoming a American than to be with my new family and contributing. Once I am able to legally work in the US, I would stop working for my Canadian employer and find a job here. I am doing my employer a favour and they do me a favour in return :)

I have similar situation as yours.


USCIS I-129F Petition
Jan 20.2015 Submitted K1 petition
Jan.23.2015 Petition received!
Jan.29.2015 NOA1 via text notification
Feb.26.2015 RFE online
March.06.2015 RFE received in mail (request for evidence that we had met in person in the past 2 years)
March.17.2015 RFE additional information submitted
March.19.2015 myUSCIS status changed to RFE received
March.31.2015 NOA2 - I129F APPROVED!!!

Dept of State K1 Visa

April.27.2015 NVC forwarded case to Montreal
May.05.2015 Montreal Consulate Received
May.08.2015 PACKET 3 received via mail
May.11.2015 PACKET 3 replied via email
May.13.2015 Informed by OP in Montreal to register the appointment
May.29.2015 PACKET 4 officially received, via email
June.12.2015 Medical Exam done in Toronto with Dr. Ian Zatzman
July.10.2015 Interview APPROVED!!!

July.16.2015 CEAC website "case created" - READY (a week from interview)

July.24.2015 CEAC website "Administrative Processing" (2 weeks from interview)
August.06.2015 ISSUED!!!!!! FINALLY!!! (almost four weeks from interview)
August.07.2015 Loomis email notification 9pm

August.15.2015 U.S. POE Detroit/Windsor Tunnel
August.28.2015 Civil wedding
USCIS I-485 (AOS) & I-765 (EAD) Petition

October.12.2015 File AOS and EAD
October.23.2015 NOA 1 via text messages
Nov.19.2015 USCIS Detroit Local Office Finger Prints
Dec.31.2015 USCIS Website - AOS case updated "Case ready for interview" | Still NOTHING regarding EAD :crying:

Jan.15.2016 FINALLY! EAD card in production!

Jan.16.2016 EAD case approved

Jan. 20.2016 EAD Card was mailed

Jan.22.2016 EAD Card and official notice received

Feb 25, 2016 - AOS Interview Scheduled on March 30, 2016

March 30, 2016 - AOS Interview - approved on the spot

April 1, 2016 - Card in production

April 7, 2016 - Received Card! YAY!!!

USCIS I-751 (RC) Petition

Jan 1-6, 2018 - Collecting documents/working on the application of I-751!!!

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Tax and Immigration are generally separate issues.

K1's are work authorised, they just do not have evidence and an EAD takes so long it is hardly worthwhile.

In this case you do not need evidence so not a problem.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Tax and Immigration are generally separate issues.

K1's are work authorised, they just do not have evidence and an EAD takes so long it is hardly worthwhile.

In this case you do not need evidence so not a problem.

So, do you think it is an issue to do the work for my old employer while waiting for the K1? Can you explain what you mean by evidence? Any time frame as to how long it takes to be able to leave the country if needed? I have both family and the office in Canada, so if something ever happened I'd like to be able to leave or go to the office if need be

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For a US Employer you need to complete an I9 which needs evidence ie EAD.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If you work for a US Employer you need an EAD.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Have you been able to find any more information about this?

I am getting different answers. In general, it's grey area I guess...


USCIS I-129F Petition
Jan 20.2015 Submitted K1 petition
Jan.23.2015 Petition received!
Jan.29.2015 NOA1 via text notification
Feb.26.2015 RFE online
March.06.2015 RFE received in mail (request for evidence that we had met in person in the past 2 years)
March.17.2015 RFE additional information submitted
March.19.2015 myUSCIS status changed to RFE received
March.31.2015 NOA2 - I129F APPROVED!!!

Dept of State K1 Visa

April.27.2015 NVC forwarded case to Montreal
May.05.2015 Montreal Consulate Received
May.08.2015 PACKET 3 received via mail
May.11.2015 PACKET 3 replied via email
May.13.2015 Informed by OP in Montreal to register the appointment
May.29.2015 PACKET 4 officially received, via email
June.12.2015 Medical Exam done in Toronto with Dr. Ian Zatzman
July.10.2015 Interview APPROVED!!!

July.16.2015 CEAC website "case created" - READY (a week from interview)

July.24.2015 CEAC website "Administrative Processing" (2 weeks from interview)
August.06.2015 ISSUED!!!!!! FINALLY!!! (almost four weeks from interview)
August.07.2015 Loomis email notification 9pm

August.15.2015 U.S. POE Detroit/Windsor Tunnel
August.28.2015 Civil wedding
USCIS I-485 (AOS) & I-765 (EAD) Petition

October.12.2015 File AOS and EAD
October.23.2015 NOA 1 via text messages
Nov.19.2015 USCIS Detroit Local Office Finger Prints
Dec.31.2015 USCIS Website - AOS case updated "Case ready for interview" | Still NOTHING regarding EAD :crying:

Jan.15.2016 FINALLY! EAD card in production!

Jan.16.2016 EAD case approved

Jan. 20.2016 EAD Card was mailed

Jan.22.2016 EAD Card and official notice received

Feb 25, 2016 - AOS Interview Scheduled on March 30, 2016

March 30, 2016 - AOS Interview - approved on the spot

April 1, 2016 - Card in production

April 7, 2016 - Received Card! YAY!!!

USCIS I-751 (RC) Petition

Jan 1-6, 2018 - Collecting documents/working on the application of I-751!!!

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Always a good idea to read the replies.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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