Working remote

[wendy_pierre 16]

Hi everyone, 

I was wondering if anyone knew if it would be allowed for me to work for my current Canadian company while I wait for my Green Card and Authorization to work in the US. 

My current company is in Canada and they would let me work remotely for them, still under my current Canadian contract but while being physically in the US. This way I wouldn't have to wait the whole time while I am in the US before I can look for a job, 

Please let me know if I need to expand more on the subject or there is already a thread for this :)

 

Thank you all for your help !

[Greenbaum 12,258]

There are many posts on VJ about working remotely. The bottom line is there is an issue with the current laws being out of date. One part is written like you can (work remotely) another part is written like you cannot. As for working remotely the answer is in this thread and many other threads about the topic. The laws are outdated and unclear. Nothing says you can do it 100% and nothing says you absolutely cannot. So it's up to you

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

There are several sources that must looked at in whole.
 
https://www.uscis.gov/working-united-states/working-us
 
1) You must have a Green Card, EAD, or a work related visa to work in the US
 
2) "Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued."
 
This means unless you have a visa that allows you to work, you are not allowed to. K-1 visa is not a work visa. 
 
You do not become an immigrant until your adjustment of status, and therefore the quickest you are allowed to work on a K-1 visa is once the EAD has been issued.
 
Then, as far as working in the US for a foreign company goes.... here is a blog post about that has some sources in it
 
https://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.
Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.
 

Edited June 16, 2019 by Greenbaum

[USS_Voyager 1,971]

17 minutes ago, wendy_pierre said:

I was wondering if anyone knew if it would be allowed for me to work for my current Canadian company while I w

The short answer is no. It matters where you are, not who you work for. When you are in the US, US laws require you to have work authorization in order to work, doesn’t matter who you work for, how they pay you, none of that. You have to wait for that I-765 to be approved.

[geowrian 22,335]

As noted, it’s a gray area. The specific circumstances may matter.

[wendy_pierre 16]

Thanks everyone for the quick replies. I thought it was most likely not possible but just wanted to make sure before I left my job  

[Ontarkie 13,915]

~~Moved to Working and Traveling, from K1 Progress Reports. - As the question is working after entry with a K1~~

 

 

Mod hat off. 

It really is a gray area. The biggest thing we have found is that if the company has no US counter part and all it's dealing is Canadian then their seems to be no issue with working. Now if they have any US business/office then it is a flat out no. The EAD is to allow US companies to employ you and not take a job from another legally allowed person a job. An EAD cannot and does not allow foreign companies to hire you. They use their own countries laws, the EAD is to protect the US. 

Edited June 17, 2019 by Ontarkie