Working in the UK - Living in USA - before Green Card

[Lauren and Kevin 55]

So.... I currently am in the UK, doing computer work for a UK company.. this is all based on the Internet or on a PC

I don't have any reason why I shouldn't carry on working via the internet for my UK employers while I'm waiting in the USA for the Employment Authorisation to come through - so instead of using our savings while we wait - I could be gainfully employed for those months.

What worries me is - as I'm physically on USA soil - does that mean I'm not supposed to do any paid work? - even if it's for a UK company?

What do you folks think? - is this a grey area - is it a no-no!

(forgot this bit - I'm a June K1 filer)

Edited January 9, 2015 by Lauren and Kevin

[shell20 746]

So.... I currently am in the UK, doing computer work for a UK company.. this is all based on the Internet or on a PC

I don't have any reason why I shouldn't carry on working via the internet for my UK employers while I'm waiting in the USA for the Employment Authorisation to come through - so instead of using our savings while we wait - I could be gainfully employed for those months.

What worries me is - as I'm physically on USA soil - does that mean I'm not supposed to do any paid work? - even if it's for a UK company?

What do you folks think? - is this a grey area - is it a no-no!

(forgot this bit - I'm a June K1 filer)

I saw a post a couple of months ago with the same inquiry and basically once on the USA soil it's a no-no. You can't even do voluntary work from what I can gather. Sorry it's probably not the news you wanted, but perhaps I'm wrong and someone else might be able to give you better news.

Edited January 9, 2015 by shell20

[Lorvin 45]

I thought the purpose was to prevent non residents from taking jobs from US citizens. I don't see how working for a UK co - who would preferably deposit your earnings electronically into your UK bank account - would be a problem. However, I've learned that law and common sense don't always match up.

I read the below to mean you CAN work for up to 90 days after you enter but longer period requires I-765 which you could be processing while you work. I'm, sure someone more knowledgeable than myself will correct my interpretation if need be.

From USCIS website:

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing aForm I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

[Nich-Nick 3,353]

I thought the purpose was to prevent non residents from taking jobs from US citizens. I don't see how working for a UK co - who would preferably deposit your earnings electronically into your UK bank account - would be a problem. However, I've learned that law and common sense don't always match up.

I read the below to mean you CAN work for up to 90 days after you enter but longer period requires I-765 which you could be processing while you work. I'm, sure someone more knowledgeable than myself will correct my interpretation if need be.

From USCIS website:

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing aForm I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

The problem with what you have quoted is it can take 90 days to approve that form I765. The OP doesn't want a 90 day gap.

I think it is a gray area. I have read it debated by immigration attorneys---half saying yes and half saying no with good arguments both ways. Who is checking up on you during that period?

[TBoneTX 43,042]

*** Thread moved from K-1 Process forum to the Working & Traveling forum, where similar questions are often discussed. ***

[JohnR! 5,495]

You can continue to work remotely for your UK company - provided you're being paid in the UK - while you wait for your EAD. The only thing you need to is make sure you include these earnings in your tax return next year.

The EAD authorizes you to gain employment in the US and be paid in the US. Even after you receive your greencard you can continue to work for your UK company, and again, taxes should be of concern here.

Good luck!

So.... I currently am in the UK, doing computer work for a UK company.. this is all based on the Internet or on a PC

I don't have any reason why I shouldn't carry on working via the internet for my UK employers while I'm waiting in the USA for the Employment Authorisation to come through - so instead of using our savings while we wait - I could be gainfully employed for those months.

What worries me is - as I'm physically on USA soil - does that mean I'm not supposed to do any paid work? - even if it's for a UK company?

What do you folks think? - is this a grey area - is it a no-no!

(forgot this bit - I'm a June K1 filer)

[Lauren and Kevin 55]

Thank you all for your carefully thought through answers. A lot to think about here - very much appreciated !!