K1 Visa Query - Continuing to work remotely for UK Company from US Soil? (merged threads)

[TheIrishGal 0]

Hi All,

 

So this has been labelled a grey area for quite some time. I'm wondering could anyone from personal experience shed some light on the below?

 

I currently work for a UK Company, I've been with them from the beginning since starting 4 years ago. Honestly, I love my job and if possible I would love to continue it in the US. I have the flexibility to work remotely which is great. I will be having a meeting with my boss soon to discuss future plans. Now there have been a few queries like this - can I continue to work for them remotely, getting paid into my UK account, continuing to pay UK tax while residing in the US. The company was recently acquired by a US firm, so there is the eventual option to switch to a US payroll system, pay US taxes and so forth. But in the interim period, what are my options? 

 

Basically, I am currently in the process of obtaining a K1 fiancee visa - recently received my NOA2 so now onto the NVC stage. Had I known the company would have been acquired by a US firm I may have held off and gone through a different route, perhaps an L1 visa. But here we are on the K1 process, so we'll continue as we started. 

 

I know the EAD's take around 3 to 5 months to process (if not longer) but it's going to be a little difficult to state that I can continue to work, however for 3-5 months I can't work due to not holding an EAD. It is what it is I guess. Since I will effectively have a job offer I'm hoping that could potentially expedite the process for receiving the EAD. FYI, I'm moving to the States and marrying come January 2020.

 

In a nutshell...

Is there anyway for me to work remotely for the company while waiting for my EAD? Or is it simply a 'no', explain the situation regarding getting an EAD, hoping my boss will understand and say "see you at work in 3-5 months"? 

 

If someone can give any insight that would be great!

 

Thanks!

 

P.S. Apologies for the lengthy post!

[Crazy Cat 39,362]

9 minutes ago, TheIrishGal said:

The company was recently acquired by a US firm........

Imo, you can work for this company after locating to the US .........as soon as you have an EAD.....not before.......just my opinion.  Others might disagree.  I think the statement I highlighted takes it out of the gray area.

Edited July 15, 2019 by missileman

[Greenbaum 12,258]

16 minutes ago, TheIrishGal said:

Hi All,

 

So this has been labelled a grey area for quite some time. I'm wondering could anyone from personal experience shed some light on the below?

 

I currently work for a UK Company, I've been with them from the beginning since starting 4 years ago. Honestly, I love my job and if possible I would love to continue it in the US. I have the flexibility to work remotely which is great. I will be having a meeting with my boss soon to discuss future plans. Now there have been a few queries like this - can I continue to work for them remotely, getting paid into my UK account, continuing to pay UK tax while residing in the US. The company was recently acquired by a US firm, so there is the eventual option to switch to a US payroll system, pay US taxes and so forth. But in the interim period, what are my options? 

 

 

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/

 

 

[USS_Voyager 1,971]

My take on it has always been, a person needs work authorization to WORK in the US. I don't know why everyone is so fixating on the who pays or how they get pay and whether it's foreign or US. That part doesn't matter so much. One can get pay from a US account or a foreign account into any account they want. The action that a person perform in the US (WORK) needs to be authorized, if the person is an alien. To me, it's always been very clear cut. 

[SalishSea 16,814]

6 hours ago, missileman said:

Imo, you can work for this company after locating to the US .........as soon as you have an EAD.....not before.......just my opinion.  Others might disagree.  I think the statement I highlighted takes it out of the gray area.

Agreed.  Not worth the risk, IMO.

[TheIrishGal 0]

Thanks all!

 

Not taking any risks. Just a little frustrating that you can’t get your EAD on your K1 quicker and have to break from that EAD to your EAD through the AOS application. 

[SalishSea 16,814]

1 minute ago, TheIrishGal said:

Thanks all!

 

Not taking any risks. Just a little frustrating that you can’t get your EAD on your K1 quicker and have to break from that EAD to your EAD through the AOS application. 

Yup.  One of the major disadvantages of the K-1 vs the CR-1, and one that those of us who chose the K-1 knew (or should have known) going in.

[Boris Farage 353]

Looked into this when I came over on a K1, as I was a company director in the UK prior to making the move (family company). We did not have a physical presence in the States, and I could have worked remotely for some time. I always intended to start developing contacts once I got here and received my EAD. After a consultation with an immigration attorney during a pre-K1 visit, I came away thinking it was a grey enough area that I did not want to risk it. It was worth it to know I would not have to worry about unintentionally violating the law.

[TheIrishGal 0]

13 hours ago, Boris Farage said:

Looked into this when I came over on a K1, as I was a company director in the UK prior to making the move (family company). We did not have a physical presence in the States, and I could have worked remotely for some time. I always intended to start developing contacts once I got here and received my EAD. After a consultation with an immigration attorney during a pre-K1 visit, I came away thinking it was a grey enough area that I did not want to risk it. It was worth it to know I would not have to worry about unintentionally violating the law.

"We did not have a physical presence in the States, and I could have worked remotely for some time" - how could you have worked for some time? 

[Boris Farage 353]

4 hours ago, TheIrishGal said:

"We did not have a physical presence in the States, and I could have worked remotely for some time" - how could you have worked for some time? 

I meant under the mistaken belief that I would be able to work in the States because our company had no physical presence there, besides myself. The nature of my role meant that remote working was possible; I would prefer not to go into too much detail as I have had issues with being 'doxxed' on another forum. However, the murkiness of whether such work for a UK company, with payments made to a non-US bank account, would rise to the level of 'unauthorised work' made me give up on the plan. I was lucky enough to go through AOS very rapidly (4-5 months, quite a while ago, so I don't recall) as the process was faster back then (2011). Hope this explains somewhat, doesn't change my advice that avoiding work in these circumstances is a safer plan of action.

[TheIrishGal 0]

Hi All,

Wondering can anyone shed some light on the below?

I am at the NVC stage of the K1 Process.  Last month the company I work for was acquired by a US Company. They have asked would I be willing to stay on once I move to the US. Obviously being on the K1 will mean I will have to take a ‘leave of absence’ while I adjust my status and subsequently receive my EAD (Work Permit) and AP (Advance Parole). They have asked is there any other option rather than having to take the 3-5 month leave of absence while waiting on the EAD. They are willing to start the L1-B visa process, and have asked are we able to essentially continue with are K1 process and also start the L1-B process, so that if the L1-B is granted can I enter on that and then get married? If it’s rejected, can I still enter on my K1? (They may opt for the premium processing (15 days) of the L1-B).

It’s hard to know what to do!
Thanks

[arken 4,197]

If your L1b is granted, you can keep continuing your work in the US and also get married and do i130/AOS process later on.

 

If your L1b is denied, it won’t impact your K1 process. If K1 visa is approved, as said, you can only work after getting EAD. 3-5 months wait is the dream, expect 4-8 months.

[USS_Voyager 1,971]

43 minutes ago, TheIrishGal said:

hey are willing to start the L1-B visa process, and have asked are we able to essentially continue with are K1 process and also start the L1-B process, so that if the L1-B is granted can I enter on that and then get married? If it’s rejected, can I still enter on my K1? (They may opt for the premium processing (15 days) of the L1-B).

 

L1B and K1 are not connected, so if one got denied, it wouldn't affect the other one. 

 

In this case, the L1B is a superior choice. You typically get a 3 years visa, during which you can travel freely and work for your employer. After you enter, you can get married, and file the I-130 and AOS/AP/EAD (I-485/I-131/I-765) just like the K-1. You can continue to work for your employer during that whole time. You can travel BEFORE you receive AP and it would not jeopardize the AOS. The only one downside is, you can only work for THAT employer who filed the L1B for you. If you want to change employment, you have to wait until you have the EAD on hand. 

[Ryan H 3,791]

~~~Moved from Progress Reports to Process & Procedures; Similar topics merged.~~~

Edited July 21, 2019 by Ryan H