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spielerin

working remotely at home in U.S. while waiting for EAD?

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Hey guys,

I am arranging things with my employer these days and I am wondering if it's possible to get a laptop and work phone and work from home while waiting for EAD to be approved? My company has divisions on both sides and they are willing to accommodate things like this but I am not sure if I will have to miss work for 70 -80 days until I765 (EAD) is issued or can I just remotely work at home(in the states, still being on the Canadian payroll) until I get the EAD?

Thanks in advance!


USCIS I-129F Petition
Jan 20.2015 Submitted K1 petition
Jan.23.2015 Petition received!
Jan.29.2015 NOA1 via text notification
Feb.26.2015 RFE online
March.06.2015 RFE received in mail (request for evidence that we had met in person in the past 2 years)
March.17.2015 RFE additional information submitted
March.19.2015 myUSCIS status changed to RFE received
March.31.2015 NOA2 - I129F APPROVED!!!

Dept of State K1 Visa

April.27.2015 NVC forwarded case to Montreal
May.05.2015 Montreal Consulate Received
May.08.2015 PACKET 3 received via mail
May.11.2015 PACKET 3 replied via email
May.13.2015 Informed by OP in Montreal to register the appointment
May.29.2015 PACKET 4 officially received, via email
June.12.2015 Medical Exam done in Toronto with Dr. Ian Zatzman
July.10.2015 Interview APPROVED!!!

July.16.2015 CEAC website "case created" - READY (a week from interview)

July.24.2015 CEAC website "Administrative Processing" (2 weeks from interview)
August.06.2015 ISSUED!!!!!! FINALLY!!! (almost four weeks from interview)
August.07.2015 Loomis email notification 9pm

August.15.2015 U.S. POE Detroit/Windsor Tunnel
August.28.2015 Civil wedding
USCIS I-485 (AOS) & I-765 (EAD) Petition

October.12.2015 File AOS and EAD
October.23.2015 NOA 1 via text messages
Nov.19.2015 USCIS Detroit Local Office Finger Prints
Dec.31.2015 USCIS Website - AOS case updated "Case ready for interview" | Still NOTHING regarding EAD :crying:

Jan.15.2016 FINALLY! EAD card in production!

Jan.16.2016 EAD case approved

Jan. 20.2016 EAD Card was mailed

Jan.22.2016 EAD Card and official notice received

Feb 25, 2016 - AOS Interview Scheduled on March 30, 2016

March 30, 2016 - AOS Interview - approved on the spot

April 1, 2016 - Card in production

April 7, 2016 - Received Card! YAY!!!

USCIS I-751 (RC) Petition

Jan 1-6, 2018 - Collecting documents/working on the application of I-751!!!

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I believe it's a very grey area. Just be sure that the money is being deposited into a Canadian account.

That I can make sure of...I mean worst case scenario is to find another job :( hopefully not. Since my old place is literally 30 miles away from my new place.


USCIS I-129F Petition
Jan 20.2015 Submitted K1 petition
Jan.23.2015 Petition received!
Jan.29.2015 NOA1 via text notification
Feb.26.2015 RFE online
March.06.2015 RFE received in mail (request for evidence that we had met in person in the past 2 years)
March.17.2015 RFE additional information submitted
March.19.2015 myUSCIS status changed to RFE received
March.31.2015 NOA2 - I129F APPROVED!!!

Dept of State K1 Visa

April.27.2015 NVC forwarded case to Montreal
May.05.2015 Montreal Consulate Received
May.08.2015 PACKET 3 received via mail
May.11.2015 PACKET 3 replied via email
May.13.2015 Informed by OP in Montreal to register the appointment
May.29.2015 PACKET 4 officially received, via email
June.12.2015 Medical Exam done in Toronto with Dr. Ian Zatzman
July.10.2015 Interview APPROVED!!!

July.16.2015 CEAC website "case created" - READY (a week from interview)

July.24.2015 CEAC website "Administrative Processing" (2 weeks from interview)
August.06.2015 ISSUED!!!!!! FINALLY!!! (almost four weeks from interview)
August.07.2015 Loomis email notification 9pm

August.15.2015 U.S. POE Detroit/Windsor Tunnel
August.28.2015 Civil wedding
USCIS I-485 (AOS) & I-765 (EAD) Petition

October.12.2015 File AOS and EAD
October.23.2015 NOA 1 via text messages
Nov.19.2015 USCIS Detroit Local Office Finger Prints
Dec.31.2015 USCIS Website - AOS case updated "Case ready for interview" | Still NOTHING regarding EAD :crying:

Jan.15.2016 FINALLY! EAD card in production!

Jan.16.2016 EAD case approved

Jan. 20.2016 EAD Card was mailed

Jan.22.2016 EAD Card and official notice received

Feb 25, 2016 - AOS Interview Scheduled on March 30, 2016

March 30, 2016 - AOS Interview - approved on the spot

April 1, 2016 - Card in production

April 7, 2016 - Received Card! YAY!!!

USCIS I-751 (RC) Petition

Jan 1-6, 2018 - Collecting documents/working on the application of I-751!!!

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We were wondering this too. The majority of the posts/information I found said it wasn't a good idea, which doesn't make sense... he doesn't want to be unemployed while waiting for EAD, he WANTS to work, and by working for his Canadian employer, he's not displacing any Americans.

We decided instead of chancing it, that he'll just have a nice extended vacation. I'm already working on the Honey-Do list! haha :)


AOS from K1 JOURNEY

10/13/2015 - Applied for Social Security Card
10/31/2015 - Wedding

11/09/2015 - AOS Package Mailed
11/12/2015 - AOS Package Delivered

11/13/2015 - Fingerprint fee for I-485 received

11/14/2015 - Social Security Card received in mail

11/16/2015 - Received 3 NOA text/emails at 11:25pm

11/21/2015 - Received 3 NOA in the mail (receipts dated 11/12/15)

11/27/2015 - Received Biometrics NOA in the mail

12/10/2015 - Biometrics appointment at 9:00am

01/26/2016 - Put in a service request online for EAD (75 days)

01/28/2016 - "assigned to an officer for response"

01/29/2016 - "your inquiry was completed"

02/01/2016 - I-765 & I-131 Approved (received text & email 02/02/16)

02/05/2016 - USCIS status change - EAD mailed w/tracking # (text & email)

02/08/2016 - USCIS status change - "On 02/04/2016, we mailed your new card" for EAD (text & email)

02/08/2016 - Received EAD/AP combo card in the mail (no status updates about AP except "approved")

03/16/2016 - Status changed for I-485 "Name was Updated" (received text & email 03/17/16 9:30am EST) (Never submitted a name change)

04/15/2016 - Called USCIS & Put in a Service Request online regarding "Name was Updated" status

04/15/2016 - Received email "On March 16, 2016 your Form I-485, Application to Register Permanent Residence was approved.We have reviewed our electronic records and found that your Permanent Resident Card (PRC) is already in production." (NO INTERVIEW)

05/05/2016 - Another online service request asking status of PRC

05/18/2016 - Received email saying file was in Sacramento, not Pittsburgh, and it was not approved yet. WHAT?!?!

05/20/2016 - Status changed online to "On May 16, 2016, we ordered your new card"

05/23/2016 - USCIS status change - "On 05/23/2016, we mailed your new card" (text & email)

05/24/2016 - USCIS status change - "On 05/24/2016, USPS picked up your new card" w/ tracking info (text & email)

05/26/2016 - Received card in mail

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We were wondering this too. The majority of the posts/information I found said it wasn't a good idea, which doesn't make sense... he doesn't want to be unemployed while waiting for EAD, he WANTS to work, and by working for his Canadian employer, he's not displacing any Americans.

We decided instead of chancing it, that he'll just have a nice extended vacation. I'm already working on the Honey-Do list! haha :)

Yeah I read things about "work-at-home"/"home-employment" are still considered as being employed "on U.S. soil".

.

I don't know, my boss already forwarded my request to the legal consultant and hopefully he'll be able to give me an answer.

I don't want to become unemployed while waiting either.

Thanks for your input!


USCIS I-129F Petition
Jan 20.2015 Submitted K1 petition
Jan.23.2015 Petition received!
Jan.29.2015 NOA1 via text notification
Feb.26.2015 RFE online
March.06.2015 RFE received in mail (request for evidence that we had met in person in the past 2 years)
March.17.2015 RFE additional information submitted
March.19.2015 myUSCIS status changed to RFE received
March.31.2015 NOA2 - I129F APPROVED!!!

Dept of State K1 Visa

April.27.2015 NVC forwarded case to Montreal
May.05.2015 Montreal Consulate Received
May.08.2015 PACKET 3 received via mail
May.11.2015 PACKET 3 replied via email
May.13.2015 Informed by OP in Montreal to register the appointment
May.29.2015 PACKET 4 officially received, via email
June.12.2015 Medical Exam done in Toronto with Dr. Ian Zatzman
July.10.2015 Interview APPROVED!!!

July.16.2015 CEAC website "case created" - READY (a week from interview)

July.24.2015 CEAC website "Administrative Processing" (2 weeks from interview)
August.06.2015 ISSUED!!!!!! FINALLY!!! (almost four weeks from interview)
August.07.2015 Loomis email notification 9pm

August.15.2015 U.S. POE Detroit/Windsor Tunnel
August.28.2015 Civil wedding
USCIS I-485 (AOS) & I-765 (EAD) Petition

October.12.2015 File AOS and EAD
October.23.2015 NOA 1 via text messages
Nov.19.2015 USCIS Detroit Local Office Finger Prints
Dec.31.2015 USCIS Website - AOS case updated "Case ready for interview" | Still NOTHING regarding EAD :crying:

Jan.15.2016 FINALLY! EAD card in production!

Jan.16.2016 EAD case approved

Jan. 20.2016 EAD Card was mailed

Jan.22.2016 EAD Card and official notice received

Feb 25, 2016 - AOS Interview Scheduled on March 30, 2016

March 30, 2016 - AOS Interview - approved on the spot

April 1, 2016 - Card in production

April 7, 2016 - Received Card! YAY!!!

USCIS I-751 (RC) Petition

Jan 1-6, 2018 - Collecting documents/working on the application of I-751!!!

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Even working remotely can be considered working during this time period. It is a grey area, however, you need to file tax returns in both countries which means you're earning income when you're not supposed to be working. What you do is up to you.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Many on this forum have done it, your EAD is for working a US job.

You are working for a Canadian company paying taxes in Canada and being paid in Canada. It is no different then you being on vacation in the US and doing work stuff on your phone for your job in Canada.


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Met Playing Everquest in 2005
Engaged 9-15-2006
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Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
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Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Even working remotely can be considered working during this time period. It is a grey area, however, you need to file tax returns in both countries which means you're earning income when you're not supposed to be working. What you do is up to you.

Earning income is permitted - as far as I know the restriction is on being employed in the United States. There is no requirement to sell your business, income property or investment portfolio, or even to leave your job in Canada.

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This might help. I was actually trying to find the old threads that talked about this when I came across this link.

People who hold green cards need not obtain employment authorization documents to work in the United States. But people who have filed applications for adjustment of status cannot work in the United States while waiting for the approval of their petitions. Such applicants can get EADs to legally work in the country while their applications are pending. These documents will permit them to work in the country for U.S. employers. Until their applications for adjustment of status are approved and until they get green cards, they can work in the country with EADs.

http://www.us-immigration.com/blog/work-and-travel-while-green-card-application-is-pending

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Earning income is permitted - as far as I know the restriction is on being employed in the United States. There is no requirement to sell your business, income property or investment portfolio, or even to leave your job in Canada.

No, I never said that. But a K1 would be working within the USA. They aren't commuting.

However, it's a grey area as they're not taking a job away from a USC or LPR. Or are they? So it's grey and up to the individual person to choose what they want to do. Which is what I stated.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Yeah I read things about "work-at-home"/"home-employment" are still considered as being employed "on U.S. soil".

.

I don't know, my boss already forwarded my request to the legal consultant and hopefully he'll be able to give me an answer.

I don't want to become unemployed while waiting either.

Thanks for your input!

Hey spielerin, did your work's legal consultant ever figure this out? I'm in the same boat. Thanks

Edited by Toronto Roots Fla

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I'm currently working for my Canadian company remotely now in the US. One thing i've learned- there's almost no way to file for AOS and the permit to work and get it in 4 months after crossing (assuming I file for early parole). There's too much to do, and it all has to be done in a certain order and it all takes time. Granted, we've been dragging our feet on sending in my AOS paperwork but after going through everything to this point it was niave of me to think it could all get done in 4 months after crossing over.

I consulted 2 lawyers before accepting the offer to work remotely. Both verified it wasn't illegal and wasn't legal. It is certainly a grey area. My HR department seemed to believe it was legal as well (we had a lengthy meeting going over everything before I left) but quite honestly, I took that with a grain of salt. I won't expect to count on them if this goes sideways somehow.

A few key points- nothing changed as far as my payroll or banking went. I have a permanent Canadian address (the same I used while I was still living there). My Canadian company is global but has no US presence. For some reason, that mattered. I have not changed my maiden name in Canada either. Nothing changed over there really; in fact I only missed 2 days of work during the move.

We're planning on filing AOS in the next week or so. It took longer to save for the fee than we thought. :/

Edited by Loki_Go

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

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I'm currently working for my Canadian company remotely now in the US. One thing i've learned- there's almost no way to file for AOS and the permit to work and get it in 4 months after crossing (assuming I file for early parole). There's too much to do, and it all has to be done in a certain order and it all takes time. Granted, we've been dragging our feet on sending in my AOS paperwork but after going through everything to this point it was niave of me to think it could all get done in 4 months after crossing over.

I consulted 2 lawyers before accepting the offer to work remotely. Both verified it wasn't illegal and wasn't legal. It is certainly a grey area. My HR department seemed to believe it was legal as well (we had a lengthy meeting going over everything before I left) but quite honestly, I took that with a grain of salt. I won't expect to count on them if this goes sideways somehow.

A few key points- nothing changed as far as my payroll or banking went. I have a permanent Canadian address (the same I used while I was still living there). My Canadian company is global but has no US presence. For some reason, that mattered. I have not changed my maiden name in Canada either. Nothing changed over there really; in fact I only missed 2 days of work during the move.

We're planning on filing AOS in the next week or so. It took longer to save for the fee than we thought. :/

Keep giving us updates! Especially around tax time.

We were told "absolutely no" for him to work remotely. Maybe because his company is worldwide with a US presence (but he would have been working remotely for the Quebec office)? I don't know. But we were told it would be a huge problem come tax time when they would see he was working while living in the US before he got his EAD.

He's just been on a nice little vacation. He's going a little stir crazy but he's turned out to be quite an awesome house husband. haha!

Edited by CanadianYinzer

AOS from K1 JOURNEY

10/13/2015 - Applied for Social Security Card
10/31/2015 - Wedding

11/09/2015 - AOS Package Mailed
11/12/2015 - AOS Package Delivered

11/13/2015 - Fingerprint fee for I-485 received

11/14/2015 - Social Security Card received in mail

11/16/2015 - Received 3 NOA text/emails at 11:25pm

11/21/2015 - Received 3 NOA in the mail (receipts dated 11/12/15)

11/27/2015 - Received Biometrics NOA in the mail

12/10/2015 - Biometrics appointment at 9:00am

01/26/2016 - Put in a service request online for EAD (75 days)

01/28/2016 - "assigned to an officer for response"

01/29/2016 - "your inquiry was completed"

02/01/2016 - I-765 & I-131 Approved (received text & email 02/02/16)

02/05/2016 - USCIS status change - EAD mailed w/tracking # (text & email)

02/08/2016 - USCIS status change - "On 02/04/2016, we mailed your new card" for EAD (text & email)

02/08/2016 - Received EAD/AP combo card in the mail (no status updates about AP except "approved")

03/16/2016 - Status changed for I-485 "Name was Updated" (received text & email 03/17/16 9:30am EST) (Never submitted a name change)

04/15/2016 - Called USCIS & Put in a Service Request online regarding "Name was Updated" status

04/15/2016 - Received email "On March 16, 2016 your Form I-485, Application to Register Permanent Residence was approved.We have reviewed our electronic records and found that your Permanent Resident Card (PRC) is already in production." (NO INTERVIEW)

05/05/2016 - Another online service request asking status of PRC

05/18/2016 - Received email saying file was in Sacramento, not Pittsburgh, and it was not approved yet. WHAT?!?!

05/20/2016 - Status changed online to "On May 16, 2016, we ordered your new card"

05/23/2016 - USCIS status change - "On 05/23/2016, we mailed your new card" (text & email)

05/24/2016 - USCIS status change - "On 05/24/2016, USPS picked up your new card" w/ tracking info (text & email)

05/26/2016 - Received card in mail

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