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DavidofLondon

Capacity to work during my transition to the US?

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Filed: Timeline

Well I also agree the issue is complicated. Ive posted in many of the threads being referred to here. My opinion currently is its not a good idea and if you can do with out working then better safe then sorry- but it is possible to do so (work remotely) and be fine.

 

The main issue is Congress has never bothered to define "employment" under the immigration laws, and the definitions of the term in immigration regulations, case law and non-binding policy guidance are incomplete or imprecise.  So it really is a gray area. Nothing says you can definitely and nothing says you can not definitely speaking. 

 

So whats a person to do? lol. Whatever they want it seems. Theres support for both sides. (And this is for all visa types not just K) 

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On 8/12/2017 at 9:25 AM, DavidofLondon said:

Hello, I'd like to know if I am able to work in any capacity during the K-1 Visa Transitioning phase, Here are my questions:

1. After first moving to the US, can I still work for UK clients prior to gaining marriage/green card status, during the transitioning phase?
2. Is there any capacity that I can work for myself, selling digital content online, prior to gaining marriage/green card status, during the transitioning phase? 
3. After marriage, how long have you generally had to wait, before you have been able to work?

Thank you for any responses that may shed some light.

1. Depends on the nature of your business. If you are working for a UK-based company and getting paid in foreign dollars to a foreign bank, Yes. Foreign companies cannot accept EADs. 

If you're self-employed or working for a US company for UK clients, No. This changes your place of business to the US, and you're magically "taking American jobs".

 

2. Answered above. Self-employment would make primary place of business in the United States and therefore you need an EAD.

 

3. You can apply for EAD at the AOS stage (or upon entry if you have a US job offer), and usually this happens fairly quickly.... Couple months at best from what I've read.

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Filed: K-1 Visa Country: Wales
Timeline

1. Of course Foreign Companies can accept EAD.

 

2. wrong

 

3. Also wrong

 

 

“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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