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TheIrishGal

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

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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!

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Posted (edited)
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 by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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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/

 

 


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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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.

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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.

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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.

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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? 

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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.

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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 :)

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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.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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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. 

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Posted (edited)

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

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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