Working after arrival: Online job?

[Pheebs1201 269]

I currently have an online (work from home job) with a British company.

My question is, once I arrive in the US on my K1 visa, can I continue with this job or does that break the law regarding being unable to work until AOS? I would be paid in GBP and it would still go into my British bank account. My location is unimportant to them as long as the work is completed on time.

I have no intention of breaking any laws so obviously would not continue with this work if doing so would not be allowed. Any thoughts/suggestions?

[TBoneTX 45,498]

*** Thread moved from K-1 Process forum to the "Working & Traveling" forum -- topic involves a phase after entry. ***

[YamenWaad 45]

I'm worried too about the ability to find a job

will it be difficult?

[Pheebs1201 269]

I'm worried too about the ability to find a job

will it be difficult?

I believe your query is slightly different to mine, but this forum may be of interest to you http://www.visajourney.com/forums/forum/135-finding-work-in-america/

[d3adc0d3 186]

Immigration law regarding this is very much vague and it's risky to do this.

If immigration catches wind, they could consider this in violation of the whole "US earned income" and it could be considered tax evasion.

It's a hot topic among lawyers, read this.

I would guess, that you'd be better off not doing any work just in case it became an issue when you AOS and they check into your foreign bank accounts.

[Pheebs1201 269]

Immigration law regarding this is very much vague and it's risky to do this.

If immigration catches wind, they could consider this in violation of the whole "US earned income" and it could be considered tax evasion.

It's a hot topic among lawyers, read this.

I would guess, that you'd be better off not doing any work just in case it became an issue when you AOS and they check into your foreign bank accounts.

Wow, thats a bit of a shock! I will definitely look into it further, thank you for this! Seems a bit bizarre to me as it isn't a US based job in any way...

[JohnR! 5,495]

You can continue to work for them when you land stateside. You will not be breaking any laws for you are not being hired in the US. The only difference is that once you become a LPR you'll need to add your GBP earnings to your US tax return, so if the company agrees, you can continue to work for them as if nothing had happened.

Good luck!

I currently have an online (work from home job) with a British company.

My question is, once I arrive in the US on my K1 visa, can I continue with this job or does that break the law regarding being unable to work until AOS? I would be paid in GBP and it would still go into my British bank account. My location is unimportant to them as long as the work is completed on time.

I have no intention of breaking any laws so obviously would not continue with this work if doing so would not be allowed. Any thoughts/suggestions?

[d3adc0d3 186]

Wow, thats a bit of a shock! I will definitely look into it further, thank you for this! Seems a bit bizarre to me as it isn't a US based job in any way...

It is not, but you're on US soil for longer than 3 months, and thus your "status" is no longer considered temporary, so any earned income is considered US based.

These laws were also put in effect before working remotely was ever a concept, so this is very much new technology going against old laws. Too risky IMO with how much immigration is a PITA already.

[Pheebs1201 269]

You can continue to work for them when you land stateside. You will not be breaking any laws for you are not being hired in the US. The only difference is that once you become a LPR you'll need to add your GBP earnings to your US tax return, so if the company agrees, you can continue to work for them as if nothing had happened.

Good luck!

That's what I thought, but the article linked in the post above suggests otherwise. Perhaps I will have to seek legal advice nearer the time?

It is not, but you're on US soil for longer than 3 months, and thus your "status" is no longer considered temporary, so any earned income is considered US based.

These laws were also put in effect before working remotely was ever a concept, so this is very much new technology going against old laws. Too risky IMO with how much immigration is a PITA already.

The article you linked states income less than $3000 a year is fine in this situation. Do you think that $3000/year would be counted from the day I arrived, or would it include the whole year despite the fact I wasn't in the US prior to that? I hope that question makes sense. Essentially I'm asking, would it be okay to continue if I make less than $3000...

[JohnR! 5,495]

IMHO the article makes the argument both ways. When the law is not clear, you get the benefit of the doubt. The issue is not whether it is legal for you to work so much as whether you should be subject to taxation in the US as a consequence.

I think you should speak to a lawyer when the time comes and get a 10th opinion...

That's what I thought, but the article linked in the post above suggests otherwise. Perhaps I will have to seek legal advice nearer the time?

The article you linked states income less than $3000 a year is fine in this situation. Do you think that $3000/year would be counted from the day I arrived, or would it include the whole year despite the fact I wasn't in the US prior to that? I hope that question makes sense. Essentially I'm asking, would it be okay to continue if I make less than $3000...

[YamenWaad 45]

I believe your query is slightly different to mine, but this forum may be of interest to you http://www.visajourney.com/forums/forum/135-finding-work-in-america/

thanks a lot

[Pheebs1201 269]

IMHO the article makes the argument both ways. When the law is not clear, you get the benefit of the doubt. The issue is not whether it is legal for you to work so much as whether you should be subject to taxation in the US as a consequence.

I think you should speak to a lawyer when the time comes and get a 10th opinion...

Thank you! I really appreciate your input, sometimes I feel like I'm going mad trying to decipher all the rules and regulations and I certainly have NO intention of doing something illegal.

thanks a lot

You're welcome!

[JohnR! 5,495]

That is the nice thing about VJ. You'll surely get lots of ideas and input you can build upon - that's why I said 10th opinion... LOL

Thank you! I really appreciate your input, sometimes I feel like I'm going mad trying to decipher all the rules and regulations and I certainly have NO intention of doing something illegal.

You're welcome!

[Pheebs1201 269]

That is the nice thing about VJ. You'll surely get lots of ideas and input you can build upon - that's why I said 10th opinion... LOL

From my limited experience that certainly seems to be true so far

[d3adc0d3 186]

I, personally, would not want to risk it, no matter how much I want to get back to work.

I would recommend consulting several immigration attorneys as attorneys have been known to be wrong in this regard before. It's only a few months if you marry and file right away, if your employer is willing to let you work whilst in the US, one would think they'd be willing to allow you a few months holiday to get the proper authorization.