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Singh90

Ki Visa approved but want to come back to Canada for the time the work authorization isn't approved. Is it an option ?

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Filed: Country: Vietnam (no flag)
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1 minute ago, Singh90 said:

It's all about that. Thanks for all the information. i will see if I can do some volunteering work for my current employer. So that this 8 months or whatever time's gap don't create any alarms for my future employer. 

You can not "volunteer" for a position that is normally paid.  That's just unauthorized work without pay disguised as "volunteer work."  

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Filed: K-1 Visa Country: Wales
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You can volunteer at somewhere like a soup kitchen, a job that would not be paid.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Philippines
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Just to head off another example,  nor is a deferred compensation arrangement allowed that results in payment post authorization 

YMMV

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Filed: AOS (pnd) Country: Canada
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22 minutes ago, Boiler said:

You can volunteer at somewhere like a soup kitchen, a job that would not be paid.

I think I have about 2-3 months to find out that LOL

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Filed: Citizen (apr) Country: Canada
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Can someone please clarify something for me:  why is it not permitted for the immigrant to maintain remote employment while awaiting the EAD?  Presuming that all funds are paid in Canadian dollars into a Canadian bank account - it’s not really taking a job from a US citizen or resident since they wouldn’t qualify for the job without a Canadian work visa? 
 

It’s genuine curiosity as there seem to be many posts of people so confused by the long wait without work/travel.  It’s not like the work would be hidden because the income would be declared on tax returns.  
 

Just to be clear:  I understand that rules should be followed, and I 100% support following those rules, but I’ve never really gotten a clear answer to that.  Even when I worked at a US law firm that did immigration, the attorneys just kinda stated “... ahhh it’s a grey area”. 

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Filed: Country: Vietnam (no flag)
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7 minutes ago, Cryssiekins said:

Can someone please clarify something for me:  why is it not permitted for the immigrant to maintain remote employment while awaiting the EAD?  Presuming that all funds are paid in Canadian dollars into a Canadian bank account - it’s not really taking a job from a US citizen or resident since they wouldn’t qualify for the job without a Canadian work visa? 
 

It’s genuine curiosity as there seem to be many posts of people so confused by the long wait without work/travel.  It’s not like the work would be hidden because the income would be declared on tax returns.  
 

Just to be clear:  I understand that rules should be followed, and I 100% support following those rules, but I’ve never really gotten a clear answer to that.  Even when I worked at a US law firm that did immigration, the attorneys just kinda stated “... ahhh it’s a grey area”. 

The location where the person is and where the work is done is important.  If the person is inside the US and doing work inside the US, then that person needs to have an EAD.  There are no exceptions.

 

First, the reason it's a "grey area" is that it's essentially impossible for USCIS to know that person is working outside the US.  Second, unauthorized work is generally overlooked when the petitioner is a USC filing for an Immediate Relative.

 

It's a matter of it's illegal to work in any capacity without an EAD, but how will the US government know and what are the consequences.  

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Filed: AOS (apr) Country: Philippines
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4 minutes ago, aaron2020 said:

 

It's a matter of it's illegal to work in any capacity without an EAD, but how will the US government know and what are the consequences.  

IO at AOS interview:  "So, Mr. Smith,  what did you do to help keep busy between your marriage and today?"

 

Mr. Smith:  "Ummm,  I have been working almost everyday since I arrived."

YMMV

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Filed: Country: Vietnam (no flag)
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1 minute ago, payxibka said:

IO at AOS interview:  "So, Mr. Smith,  what did you do to help keep busy between your marriage and today?"

 

Mr. Smith:  "Ummm,  I have been working almost everyday since I arrived."

Yup.  And what's the consequences of unauthorized work for an IR of a USC seeking to adjust?  You've been around long enough to know the answer to that.  

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Filed: AOS (apr) Country: Philippines
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4 minutes ago, aaron2020 said:

Yup.  And what's the consequences of unauthorized work for an IR of a USC seeking to adjust?  You've been around long enough to know the answer to that.  

Wasn't opining as to consequence or lack thereof,  but simply the ever asked question of "How will they know ?"

YMMV

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34 minutes ago, Cryssiekins said:

Can someone please clarify something for me:  why is it not permitted for the immigrant to maintain remote employment while awaiting the EAD?  Presuming that all funds are paid in Canadian dollars into a Canadian bank account - it’s not really taking a job from a US citizen or resident since they wouldn’t qualify for the job without a Canadian work visa? 
 

It’s genuine curiosity as there seem to be many posts of people so confused by the long wait without work/travel.  It’s not like the work would be hidden because the income would be declared on tax returns.  
 

Just to be clear:  I understand that rules should be followed, and I 100% support following those rules, but I’ve never really gotten a clear answer to that.  Even when I worked at a US law firm that did immigration, the attorneys just kinda stated “... ahhh it’s a grey area”. 

From my understanding its not a question of how will they know but rather the issue is 'what is work'? There is policy/law that states you can not work with out authorization as well as policy/law that states unauthorized work is forgiven for spouse of USC at adjustment. However the issue is congress never defined "employment" under the immigration laws, and the definitions of the term in immigration regulations, case law and non-binding policy guidance are incomplete or imprecise. Hence its a grey area. 

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Filed: Citizen (apr) Country: Canada
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@aaron2020 @payxibka @Villanelle Thank

you for your input.  I’ve never actually looked at the legislation, and every time this came up at work, the attorneys, while not advising someone to work without authorization, they didn’t exactly discourage it, as long as the work was “done” in another country and payment was made in that countries currency.  
 

It’s definitely the most challenging part of a K1, even when you plan for it, but especially for the folks who don’t. 

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6 hours ago, Cryssiekins said:

Can someone please clarify something for me:  why is it not permitted for the immigrant to maintain remote employment while awaiting the EAD

I think the key word here is “immigrant” K1 is not an immigration visa... 

 

but it I think there’s also problems with irs... residents undertaking paid work in any capacity pay taxes... how does irs collect these taxes from the temp resident k1 with no ssn who’s  doing unknown work overseas?

Edited by Duke & Marie

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
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18 minutes ago, Duke & Marie said:

how does irs collect these taxes from the temp resident k1 with no ssn who’s  doing unknown work overseas?

1) K-1 can get an SSN

2) ITIN

3) 1040-NR

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Country: Vietnam (no flag)
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2 hours ago, Duke & Marie said:

I think the key word here is “immigrant” K1 is not an immigration visa... 

 

but it I think there’s also problems with irs... residents undertaking paid work in any capacity pay taxes... how does irs collect these taxes from the temp resident k1 with no ssn who’s  doing unknown work overseas?

The taxpayer is responsible for reporting the work on their US taxes.  That's how the IRS collects.  The taxpayer has a legal obligation to report the income.  

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