K1: Employment Authorization

[Kai!1 12]

Hello,

I’m a K1 beneficiary from the Philippines awaiting my NOA2. My current employer is based in the US and I do full time home-based work for them for over a year now. I’d like to keep my current job and plan to take just 2-3 weeks break from time of travel to getting my work station in order once I’m in the States, if possible. My fiancee and I plan to get married within 30 days upon my arrival. I understand I will need to file an application for employment authorization only once I’m married,  and this process takes a while. So, 1. Does this mean I’m not allowed to (go back to) work until I get that employment authorization granted? 2. Is it possible to expedite this process given the situation? 

 

Thanks in advance, everyone. 

 

[geowrian 22,335]

Yes, you would need to obtain work authorization before you could perform work from the US employer.

 

Yes, you can request an expedite. It may still take a while as they are backlogged even with expedites.

Edited March 20, 2019 by geowrian
Typo

[USS_Voyager 1,971]

40 minutes ago, Kai!1 said:

Hello,

I’m a K1 beneficiary from the Philippines awaiting my NOA2. My current employer is based in the US and I do full time home-based work for them for over a year now. I’d like to keep my current job and plan to take just 2-3 weeks break from time of travel to getting my work station in order once I’m in the States, if possible. My fiancee and I plan to get married within 30 days upon my arrival. I understand I will need to file an application for employment authorization only once I’m married,  and this process takes a while. So, 1. Does this mean I’m not allowed to (go back to) work until I get that employment authorization granted? 2. Is it possible to expedite this process given the situation? 

 

Thanks in advance, everyone. 

 

If the ability to continue working after you first arrive in the US is important to you, have the two of you consider the CR1 route. Yes, it will take a little longer for you to arrive in the US, however, you will enter as a LPR and have the ability to work and travel immediately after you enter. On K-1, you have to wait at least 6-10 months for EAD/AP. In that time, you cannot work or travel. It is the biggest regret that lots of people on K1 share. 

[Kai!1 12]

5 hours ago, geowrian said:

Yes, you would need to obtain work authorization before you could perform work from the US employer.

 

Yes, you can request an expedite. It may still take a while as they are backlogged even with expedites.

Thank you. But since this employer are the same people I have worked remotely for for over a year, they may not require me to present that employment authorization in order for me to continue doing my job. It’s home-based work, my employer is based in NY and I will be living in LA. If they allow it, will that get me or them in trouble? Am I allowed to work while my authorization/green card is in process granted that my employer is linient about it?

[Kai!1 12]

4 hours ago, USS_Voyager said:

If the ability to continue working after you first arrive in the US is important to you, have the two of you consider the CR1 route. Yes, it will take a little longer for you to arrive in the US, however, you will enter as a LPR and have the ability to work and travel immediately after you enter. On K-1, you have to wait at least 6-10 months for EAD/AP. In that time, you cannot work or travel. It is the biggest regret that lots of people on K1 share. 

Thank you. 😊

[USS_Voyager 1,971]

2 minutes ago, Kai!1 said:

Thank you. But since this employer are the same people I have worked remotely for for over a year, they may not require me to present that employment authorization in order for me to continue doing my job. It’s home-based work, my employer is based in NY and I will be living in LA. If they allow it, will that get me or them in trouble? Am I allowed to work while my authorization/green card is in process granted that my employer is linient about it?

No, it is not up to you or the employer. It's a matter of law. You have to have work authorization in the US in order to work. While your green card is in process, you're only allowed to stay in the US, not work. The work authorization requires another form which is the I-765 for EAD, which takes 6-10 months as mentioned. That's why I mentioned the CR1 route, which give you the green card and work authorization right away after you come.

 

Please do not work unauthorized, even if the company doesn't ask you for your proof of employment authorization after you enter the US. Doing so will land both you and the employer in troubles. When you work, there is always records and taxes withheld and if USCIS discovers you work unauthorized, they can deny your AOS. If the employer is found employing a person without work authorization, they can be fined some hefty amount and sanctioned. It is not worth it. 

[Ontarkie 13,902]

~~Moved to Working and Traveling, from K1 P&P - As the OP is not asking a visa processing question but asking about working once in the US~~

[geowrian 22,335]

49 minutes ago, Kai!1 said:

Thank you. But since this employer are the same people I have worked remotely for for over a year, they may not require me to present that employment authorization in order for me to continue doing my job. It’s home-based work, my employer is based in NY and I will be living in LA. If they allow it, will that get me or them in trouble? Am I allowed to work while my authorization/green card is in process granted that my employer is linient about it?

It would be a violation of status for you to work for any US employer without authorization. It was allowed before because you were not in the US. Now you are in the US and bound by US laws.

There is a gray area for working remotely for a foreign employer, but no such gray area exists when it is a US employer.

Do not violate status. Nobody on this website can advise or condone it, per the site's TOS.

Yes, the employer can get in trouble if caught.

You cannot work until your work authorization is approved...a pending application does not grant any benefits.

 

[Kai!1 12]

3 hours ago, USS_Voyager said:

No, it is not up to you or the employer. It's a matter of law. You have to have work authorization in the US in order to work. While your green card is in process, you're only allowed to stay in the US, not work. The work authorization requires another form which is the I-765 for EAD, which takes 6-10 months as mentioned. That's why I mentioned the CR1 route, which give you the green card and work authorization right away after you come.

 

Please do not work unauthorized, even if the company doesn't ask you for your proof of employment authorization after you enter the US. Doing so will land both you and the employer in troubles. When you work, there is always records and taxes withheld and if USCIS discovers you work unauthorized, they can deny your AOS. If the employer is found employing a person without work authorization, they can be fined some hefty amount and sanctioned. It is not worth it. 

Thank you. This is very helpful

3 hours ago, geowrian said:

It would be a violation of status for you to work for any US employer without authorization. It was allowed before because you were not in the US. Now you are in the US and bound by US laws.

There is a gray area for working remotely for a foreign employer, but no such gray area exists when it is a US employer.

Do not violate status. Nobody on this website can advise or condone it, per the site's TOS.

Yes, the employer can get in trouble if caught.

You cannot work until your work authorization is approved...a pending application does not grant any benefits.

 

Much appreciated. Thank you for taking the time to help out. 

[carmel34 3,527]

Something to keep in mind as well--if you decide to pursue a K-1 visa, there are two more stages before getting a 10-year green card--AOS (adjustment of status), and ROC (removal of conditions), and at both of those stages you will have to submit documents like tax returns, financial documents, etc. and there are background checks likely at both stages.  If you work illegally this will most likely be discovered and that could mean big problems for you later.  Don't risk it.  Either don't work until EAD or get married and apply for a CR-1 as others have suggested.  Good luck!

Edited March 20, 2019 by carmel34
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