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

[Loki_Go 126]

Yep, I'll keep updating! I promised I would way back in an earlier thread. Good luck to you guys!

[Y+B 1]

I was wondering the same thing. I read many answers from many different websites and some say "legal" and some say "illegal".

Then I found this website:
http://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/
I was convinced it's illegal after reading this article, but when I called USCIS, the person who answered the phone said it's okay to work under the condition. (The person did not know the answer so he asked his supervisor.)

Maybe another person would answer differently so I'm gonna call tomorrow and ask the same question again.

 

[zilchfox 296]

My guess would be a "no", considering that Services Canada most likely wouldn't pay EI out until you have an EAD, since they don't consider you legally able to work until then? And that's got nothing at all to do with taking a job away from a USC or LPR.

[NikLR 13,220]

K1 are not nonresident aliens.  You arent resident aliens either though which is why working for a Canadian company while in the USA remotely is a grey area.  You dont qualify for EI if you're working. 

 

But also, as mentioned in other threads, working without authorization is treated the same way as overstay, forgiven with your successful AOS. 

Edited January 6, 2017 by NikLR
Added detail

[Merklynn 0]

I too am thinking about this.  I am a uk software developer, work from home for a uk company but hoping to travel to the us soon to marry my fiance.  I was thinking, can I work from home in the US continuing to do my job while on a k-1 fiance visa, or does working from home for a uk company still break the rules

[Teddy B 17,251]

4 hours ago, Merklynn said:

I too am thinking about this.  I am a uk software developer, work from home for a uk company but hoping to travel to the us soon to marry my fiance.  I was thinking, can I work from home in the US continuing to do my job while on a k-1 fiance visa, or does working from home for a uk company still break the rules

I've linked below to another thread currently going on in the Tourist Visa forum. As you will see it is still a gray area where the laws have not caught up with technology.

 

http://www.visajourney.com/forums/topic/631673-working-at-home-in-usa-for-foreign-sourced-income/