Jump to content
Sign in to follow this  
MelissaJulian

Working before the EAD for a non-US company

14 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: England
Timeline

Is it possible for a K1 visa holder, after he enters the US, to work for a non-US company before he gets his EAD card? Would it be any different before and after we have our wedding? I'm asking because my fiance is a director of a private company in England, and he would like to be able to keep working. Although his company does do some work out here in the US, it operates mostly in the UK and Europe, and he could make sure that nothing he does would have anything to do with US business.

On a related topic, is an urgent board meeting enough for getting emergency advanced parole?

Thanks everyone! :star:


"It doesn't matter who you love, or how you love, but that you love"

~Robert Browning~

event.png

My blog, where I ramble on occasionally:

Melissa's Meanderings

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: England
Timeline

Just a quick question for the very knowledgeable VJ people. :) Can a K1 visa holder, after he enters the US, keep working for a British company before he gets his EAD card? Would there be any difference in the answer before and after our wedding? My fiance is a director of a private company in England, and he would like to be able to keep working because he's on the board and they need his expertise. Although his company has some dealings in the US, it operates mostly in the UK and Europe. He has said he could make sure that none of the work he would do would have anything to do with US business.

On a related topic, is an urgent board meeting enough for getting emergency advanced parole? He just had one the other day, but luckily he was in London. I guess he could use a teleconference service for this, but obviously if it's an emergency board meeting it's important for him to be there in person.

Thanks you! :star:


"It doesn't matter who you love, or how you love, but that you love"

~Robert Browning~

event.png

My blog, where I ramble on occasionally:

Melissa's Meanderings

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

If he's 'working remote' inside the USA back to UK and Europe Clients, and being paid to a non-USA bank, is not any issue.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites

You're going to probably get some different answers on this.

Within the spirit of the law of the K1 visa, the technical answer is "no". A K1 visa has ONE purpose and that is for a foreign born individual to be able to enter the US and marry a US citizen. It's not a work visa.

The K1 category however is a work authorized category WITH proper documentation. That documentation is an EAD and most people don't get one of those until adjustment has been filed and in the works (typical timeline for receipt of that document is 90 days after you've filed to adjust).

I'm far too lazy tonite to sit here and dig out the appropriate code for work authorization. But you'll find enough people ready and willing to hang their hat on the portion of the code that links work authorization to "employment in the US" (a US company). Therefore, some individuals including legal experts have stated that working for a company outside of the US is not illegal, because companies outside the United States don't require the employee to have a document issued by USCIS in order to be legally employed with them.

IMO the simple fact is this is a very gray area of the law. Some legal experts will tell you it's technically illegal, but there is little element of risk involved. I've had conversations with people who have studied this topic for years (as part of their overall lay-person immigration experience) and their opinion is one day, someone will be made an example of, there will be tears and much nashing of teeth, and the common wisdom will then become that the behavior is inadvisable.

And someday, the INA will simply be re-written to take the K1 out that category of non-immigrant visas with is work authorized, thus restoring the category to it's original purpose - a visa to marry a US citizen.


Our journey together on this earth has come to an end.

I will see you one day again, my love.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: England
Timeline

Definitely? I just don't want him to get into trouble when we have to apply for AOS. Knowing him, he'd probably decide to work even if he wasn't supposed to. :) Is there somewhere online where I can point to a regulation about this?

Thank you! :star:


"It doesn't matter who you love, or how you love, but that you love"

~Robert Browning~

event.png

My blog, where I ramble on occasionally:

Melissa's Meanderings

Share this post


Link to post
Share on other sites

Go to your similar thread in the UK forum.


Our journey together on this earth has come to an end.

I will see you one day again, my love.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: England
Timeline

Thank you! I'll go check it out right now.


"It doesn't matter who you love, or how you love, but that you love"

~Robert Browning~

event.png

My blog, where I ramble on occasionally:

Melissa's Meanderings

Share this post


Link to post
Share on other sites
Filed: Other Timeline

People who have worked twenty years and longer without a visa don't get as much as a bad look when they receive their Green Card. The GC is a birth certificate for the person who has just been "welcomed to America." Nobody cares, not in the least, and working for a UK company has the same impact on a Green Card petition as a leaf falling off a tree in Mumbai.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: England
Timeline

Wow, thank you for such a thorough reply. :) I really appreciate you taking the time to answer that.

So it's a gray area? He is NOT going to like the sound of that! :lol: I have a feeling that he's just going to do whatever he wants anyway. :rolleyes: I will email him a link to your post so he can have a look when he gets up. I think I understand a little bit more now about the purpose of the K1, that it's really just a visa to get someone over here and that it doesn't have a lot of other privileges beyond that. I wanted to do a K1 mostly because I wanted to get married in my hometown with all my friends and family with me. For some of them, it would cost too much to fly out to England and stay for a week or more. So I guess I'm paying for the privilege! :lol:

Do you have any idea about my AP question? We'll try to get married as soon as possible after he enters the US, if that helps. Thank you so much again, Johnny! :star:


"It doesn't matter who you love, or how you love, but that you love"

~Robert Browning~

event.png

My blog, where I ramble on occasionally:

Melissa's Meanderings

Share this post


Link to post
Share on other sites

** Parallel running topics merged (all posts from both threads have been left intact). Try not to do this; it can often make it difficult to get a dialog going.

Edited by Otto und Karin

Share this post


Link to post
Share on other sites

Wow, thank you for such a thorough reply. :) I really appreciate you taking the time to answer that.

So it's a gray area? He is NOT going to like the sound of that! :lol: I have a feeling that he's just going to do whatever he wants anyway. :rolleyes: I will email him a link to your post so he can have a look when he gets up. I think I understand a little bit more now about the purpose of the K1, that it's really just a visa to get someone over here and that it doesn't have a lot of other privileges beyond that. I wanted to do a K1 mostly because I wanted to get married in my hometown with all my friends and family with me. For some of them, it would cost too much to fly out to England and stay for a week or more. So I guess I'm paying for the privilege! :lol:

Do you have any idea about my AP question? We'll try to get married as soon as possible after he enters the US, if that helps. Thank you so much again, Johnny! :star:

You file for Advance Parole when you file for his EAD. There's a place on the application where you state why you want the document. All you need to say is you wish to be issued the document in case of emergent issues abroad. USCIS doesn't seem to be really particular about the reason for the travel.

Personally, I would never use an Advance Parole document, but that's because I'm weird about the legal definition of a paroled alien. But I'm weird like that. I don't trust the Service; I have my reasons for it based upon my own personal experience with them and trust me that experience involved some paranoia. :lol: People travel on AP all the time with no problems and it's a perfect legitimate option for travel.

I can't understand why Julian is moving here and not you there. The UK is a lovely country you know. But that's completely off-topic and really none of my business. :lol:


Our journey together on this earth has come to an end.

I will see you one day again, my love.

Share this post


Link to post
Share on other sites

People who have worked twenty years and longer without a visa don't get as much as a bad look when they receive their Green Card. The GC is a birth certificate for the person who has just been "welcomed to America." Nobody cares, not in the least, and working for a UK company has the same impact on a Green Card petition as a leaf falling off a tree in Mumbai.

Bob, that is because illegal employment is not a criteria for denial of a status adjustment via marriage to a US citizen.

The point everyone misses when they go on this way is the unauthorized employment IS illegal until green card is in hand. In other words, it ain't over till the Fat Lady Sings.


Our journey together on this earth has come to an end.

I will see you one day again, my love.

Share this post


Link to post
Share on other sites

Like others have said, this is a pretty gray area of the law. I would do a bunch of searches on a few of the forums here to get different opinions. The cardinal no-nos of working that Julian CANNOT do (or risk rejection AOS/deporting) are claiming to work on a social security number that is not yours, claiming that you are a US citizen when you're not, and working in US employment without a green card or an EAD.

I've told David to resign being a house hubby while we wait out the EAD/green card :lol: I guess Julian doesn't want to do the cooking and the washing? :innocent:

Edited by Justine+David

Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

If your body is in the US you need EAD to work.

Does not sound an obvious reason to get emergency AP, but you can only try.

K1 is not the obvious option for these cases.


“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.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...