Before my interview, I may want to let some skeletons out

[~*Maria*~ 1]

My interviewer did not care that I worked for a Canadian company. I told him when he asked if I was working, and he asked if I was during the process and I said yes. He said, okay. Approved.

Congrats

[Melyssa 0]

I think they should be allowed to work too! I don't understand why K1 isn't work authorized

but it is.....

Yeah, I realized that after I posted that but I figured most people would know what I meant. I mean why is it still illegal to work? I guess that's what I meant. We still have to wait for work authorization to be legal workers.

[Krikit 1,163]

Holy guacamole. Why do some people get totally bent out of shape on this site? I worked for two Canadian companies while resident in the US without any difficulties or an EAD.... one involved telecommuting; one required travel to Canada. Both companies are based solely in Canada and have no ties to the US. The income will be reported at tax time. Oh, and the officer at my local CIS did not have a problem with that. VJ. Sheesh.

[pushbrk 12,230]

However, if you acknowledge it is a Canadian company then your theory is shot out of the water. A Canadian has every right to work for a Canadian company, whether it's in the U.S. or Timbuckfriggintoo.

If a Canadian based company is also a US employer then you theory is shot out of the water because the Canadian based company (and its Candian citizen US based employees) will be subject to US employment and tax law for that component of its operating activities that occur inside the US border.

I worked for a small Canadian company with 5 US employees. We all worked from home but the company arranged for US group insurance benefits, paid in US dollars, did federal and State withholding and provided W2's. This did not prevent my Canadian boss from traveling and doing business in the US twenty or more times every year. If one of the Canadian software developers wanted to telecomute or work remotely while visiting family in the US, that's not unauthorized US employment. It's Canadian employment for a Canadian employer. We also sent Consultants from Ottawa to locations in the US for temporary work. That's legal too.

Congratulations on the AOS approval.

From today forward, you are a US LPR, so if you continue this contract work, it needs to be as a US resident employee. Your status has changed to resident. New rules apply.

Edited January 11, 2008 by pushbrk

[payxibka 10,044]

Both companies are based solely in Canada and have no ties to the US.

Extremely important distinction.....

[Dakine10 5,452]

Holy guacamole. Why do some people get totally bent out of shape on this site? I worked for two Canadian companies while resident in the US without any difficulties or an EAD.... one involved telecommuting; one required travel to Canada. Both companies are based solely in Canada and have no ties to the US. The income will be reported at tax time. Oh, and the officer at my local CIS did not have a problem with that. VJ. Sheesh.

If someone reports their income, then probably there is nothing to worry about . When Brad stated 'under the table' I assumed he wasn't reporting his income. I mentioned the IRS because even though USCIS might forgive working without authorization, the IRS would not forgive the failure to report it.

Anyways, congratulations Brad!! After all the troubles you had with the EAD, I'm glad the interview went so smoothly.

[LaL 418]

Do not admit.

During my AOS process my wife and I rang up a lot of debt. With the wedding and CC debt piling up and me unable to leave to work in Canada, I found myself having to take side contracts from employers in Canada. This was before my EAD arrived. So yes, I was working "under the table" so to speak.

I feel I need to fess up during the interview that I did this. If asked, should I be honest? Are people forgiven for this typically? I am afraid I will get a stern IO that will slap us in the face with a denial due to bitterness etc. Let me know.. 11 hours and counting. Thanks.

Misrepresentation is punishable by deportation. If it'll be forgiven, what's the point in lying about it?

I agree, however there is the constant suggestion not to offer information that is not asked of you. I guess it might boil down to if when the OP was filling out the paperwork for AOS & interim benefits, was he then engaging in work w/o authorization, or was it afterward - if afterward, then it could only come up at the interview? If the latter is the case am not so sure it matters as much as telling the truth when asked.

For the record, my husband also worked for his Canadian company after his arrival to the US. Perhaps we did something wrong.

ETA: I see in the meantime while posting you are approved - congrats!

Edited January 11, 2008 by LaL

[athena_ny 1]

Do not admit.

During my AOS process my wife and I rang up a lot of debt. With the wedding and CC debt piling up and me unable to leave to work in Canada, I found myself having to take side contracts from employers in Canada. This was before my EAD arrived. So yes, I was working "under the table" so to speak.

I feel I need to fess up during the interview that I did this. If asked, should I be honest? Are people forgiven for this typically? I am afraid I will get a stern IO that will slap us in the face with a denial due to bitterness etc. Let me know.. 11 hours and counting. Thanks.

Misrepresentation is punishable by deportation. If it'll be forgiven, what's the point in lying about it?

I agree, however there is the constant suggestion not to offer information that is not asked of you. I guess it might boil down to if when the OP was filling out the paperwork for AOS & interim benefits, was he then engaging in work w/o authorization, or was it afterward - if afterward, then it could only come up at the interview? If the latter is the case am not so sure it matters as much as telling the truth when asked.

For the record, my husband also worked for his Canadian company after his arrival to the US. Perhaps we did something wrong.

ETA: I see in the meantime while posting you are approved - congrats!

I agree 100% with the not offering information that is not asked of you, but I read "Don't admit it" as a

"don't under any circumstances"since no qualifier of "unless asked" was included. Turns out the OP did tell the truth when asked and it wasn't a problem, and that oath they make you take to tell the truth makes me awfully nervous whenever I see lying suggested.

If the immigrant has a company that is willing to let them keep working once in the US, more power to them, I say. USCIS just isn't very clear about how they view it, but with unauthorized work forgiven I bet it's really a moot point anyway.

[Lance27 19]

Awesome...congratulations Brad.

[LaL 418]

Do not admit.

During my AOS process my wife and I rang up a lot of debt. With the wedding and CC debt piling up and me unable to leave to work in Canada, I found myself having to take side contracts from employers in Canada. This was before my EAD arrived. So yes, I was working "under the table" so to speak.

I feel I need to fess up during the interview that I did this. If asked, should I be honest? Are people forgiven for this typically? I am afraid I will get a stern IO that will slap us in the face with a denial due to bitterness etc. Let me know.. 11 hours and counting. Thanks.

Misrepresentation is punishable by deportation. If it'll be forgiven, what's the point in lying about it?

I agree, however there is the constant suggestion not to offer information that is not asked of you. I guess it might boil down to if when the OP was filling out the paperwork for AOS & interim benefits, was he then engaging in work w/o authorization, or was it afterward - if afterward, then it could only come up at the interview? If the latter is the case am not so sure it matters as much as telling the truth when asked.

For the record, my husband also worked for his Canadian company after his arrival to the US. Perhaps we did something wrong.

ETA: I see in the meantime while posting you are approved - congrats!

I agree 100% with the not offering information that is not asked of you, but I read "Don't admit it" as a

"don't under any circumstances"since no qualifier of "unless asked" was included. Turns out the OP did tell the truth when asked and it wasn't a problem, and that oath they make you take to tell the truth makes me awfully nervous whenever I see lying suggested.

If the immigrant has a company that is willing to let them keep working once in the US, more power to them, I say. USCIS just isn't very clear about how they view it, but with unauthorized work forgiven I bet it's really a moot point anyway.

I agree that saying "don't admit it" is not the best suggestion here as it implies lying if asked.

[Melyssa 0]

Just wanted to say I'm glad you got approved Brad! Sorry I did not say that in my other posts!

[JoeCanuk 3]

However, if you acknowledge it is a Canadian company then your theory is shot out of the water. A Canadian has every right to work for a Canadian company, whether it's in the U.S. or Timbuckfriggintoo.

If a Canadian based company is also a US employer then you theory is shot out of the water because the Canadian based company (and its Candian citizen US based employees) will be subject to US employment and tax law for that component of its operating activities that occur inside the US border.

Yet...they didn't have a problem with it. So why do you?

And a Canadian citizen who is in the United States legally, has every right to work for a Canadian company in the United States.

[payxibka 10,044]

And a Canadian citizen who is in the United States legally, has every right to work for a Canadian company in the United States.

A Canadian citizen who is on a "tourist" visit is in the United States legally... however they do not have any right (defined as authorization) to work, so your statement is not correct...

[zqt3344 21]

Joe Canuk what you fail to realize is that how could he be working if no EAD or Green Card in the USA legally?? He better shoot straight, they will find out, and by the way he is wanting to come to the USA so yes they can and they will tell him what to do, believe it, we experienced it, you are in the USA now not Canada.

The last time I looked, Canada was a sovereign country and the United States had no right to tell Canadian citizens what they can and cannot do in their native country. I wouldn't sweat it. It's none of their business and really nothing you need to tell them. Good luck.

[zqt3344 21]

Actually, the main responsiblity does lay with the employer.

And try telling that to an IO at the AOS interview.

I don't have to. But actually, the responsibility does lay with the employer. And next time, before you want to put the wacko emoticon, I'd suggest you find out what you're talking about first. Because you are flat out wrong.

Now, are you saying it is a Canadian company?

Take a chill pill. I quoted directly off the USCIS site and am sticking to it. Where's your proof?? I'm not saying its a Canadian company or not, cause I'm not the one working for it. My comments were based on if it was a Canadian based.

Your comments that people should work as soon as they are married would encourage unauthorized work. There is a reason people file and wait for EAD you know.

I think it is you who needs to take a chill pill. I followed the law. I am simply angry about it and stated so. Don't take it as if I'm advocating people go out and break the law. However, if you acknowledge it is a Canadian company then your theory is shot out of the water. A Canadian has every right to work for a Canadian company, whether it's in the U.S. or Timbuckfriggintoo.

Where's my proof? It's all over visajourney. The employer is responsible. And you provided absolutely zero proof to back up your position that the individual is responsible. Are you going to?

It doesn't matter who the employer is. If you work and are receiving compensation while you are a US resident, you need to have work authorization. Believe me, even if the USCIS doesn't care, the IRS will.

And the IRS has what authority over Canada?

The IRS has no authority over Canada. The IRS does have authority to tax anyone residing in the USA for any form of compensation earned while in the USA and also has the authority to bring criminal charges against anyone who fails to report that compensation.

We have a saying here in the USA, "Two things are certain, DEATH AND TAXES" and for good reason. Do not think the IRS will not check it, for they do.