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LittleLune

Can I continue working remotely while waiting for an EAD?

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Filed: K-1 Visa Country: Wales
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I have heard that people have had to try different offices.

“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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On 12/15/2021 at 9:35 PM, BC97 said:

I'm aware I'm resurrecting an old thread, but thought it would be useful for others to know that I worked remotely as a consultant for a UK firm whilst waiting on my I-485, and I did not have an EAD. My green card was approved yesterday after I answered 'yes' to working whilst here in the interview (I was not working when I filed the I-485). I was asked by the USCIS officer what company I was working for and I said the company name and that it was in the UK, and I was working remotely for them from a home office. He said 'so you're working over there technically, no more questions - the answer to if you're working is no'. And he left it unchanged on the form. 

 

If I hadn't accepted working remotely for this company I'd have missed out on a lot of potential pay, so if you have the chance to work remotely for a foreign entity (not a US firm), definitely do it. I had no issues - I plan on filing my taxes with IRS retrospectively and getting an accountant to do it for me once I have my social security.

Can you explain more about “I was not working when I filed the I-485” So you stopped working when you applied your I-485 and started to work after you filled it? Will it matter if you still work remotely for a foreign company when you are filling in the I-485? And did you stay registered at the UK municipality while being on a K1 in the US?

 

 

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Filed: K-1 Visa Country: United Kingdom
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7 minutes ago, Blizzards said:

Can you explain more about “I was not working when I filed the I-485” So you stopped working when you applied your I-485 and started to work after you filled it? Will it matter if you still work remotely for a foreign company when you are filling in the I-485? And did you stay registered at the UK municipality while being on a K1 in the US?

 

 

I did not have a job when I entered the US on the K1. I resigned from my job before moving country.

 

I got married and filed the I-485, then a couple months later I received a job offer to work as an offshore consultant for a U.K. firm. Therefore, when the I-485 was filed I said I was not working.

 

I was paid into a U.K. bank account, and did not pay U.K. taxes on my income since I was on a consultant contract, with my US home address as my place of work/residence on the contract. Filed all of this income with the IRS using an accountant and had no problems. Was classed as self-employed income. No problems with USCIS either since no US work was performed. Feel free to dm me if you have more questions 

Edited by BC97
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Filed: K-1 Visa Country: Wales
Timeline

Illegal work is forgiven when adjusting through marriage to a USC

“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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11 minutes ago, Blizzards said:

Can you explain more about “I was not working when I filed the I-485” So you stopped working when you applied your I-485 and started to work after you filled it? Will it matter if you still work remotely for a foreign company when you are filling in the I-485? And did you stay registered at the UK municipality while being on a K1 in the US?

 

 

 

4 minutes ago, BC97 said:

I did not have a job when I entered the US on the K1. I resigned from my job before moving country.

 

I got married and filed the I-485, then a couple months later I received a job offer to work as an offshore consultant for a U.K. firm. Therefore, when the I-485 was filed I said I was not working.

 

I was paid into a U.K. bank account, and did not pay U.K. taxes on my income since I was on a consultant contract, with my US home address as my place of work/residence on the contract. Filed all of this income with the IRS using an accountant and had no problems. Was classed as self-employed income. No problems with USCIS either since no US work was performed. Feel free to dm me if you have more questions 

Thank for your reply! My current employer asked me if i wanted to keep working for the company, but to work remotely in the US. I’m not sure if this is legal? If i do, i have to write down on my work history that i’m currently still working. Will that make any difference? Will this be an issue? And if i work remotely, is it legal for my employer to transfer it to my Dutch account?

 

Also i’m wondering to i need to keep registered at my Dutch municipality until i get married in the US and then deregister from it? 

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Filed: K-1 Visa Country: United Kingdom
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1 minute ago, Blizzards said:

 

Thank for your reply! My current employer asked me if i wanted to keep working for the company, but to work remotely in the US. I’m not sure if this is legal? If i do, i have to write down on my work history that i’m currently still working. Will that make any difference? Will this be an issue? And if i work remotely, is it legal for my employer to transfer it to my Dutch account?

 

Also i’m wondering to i need to keep registered at my Dutch municipality until i get married in the US and then deregister from it? 

Not sure what you mean by remaining registered in the Netherlands/your municipality. 
 

I’m not claiming to be an expert so if you’re slightly unsure, I’d recommend speaking to a lawyer. I think you’re not allowed to post about law firms on here so if you dm me I can point you in the direction of the lawyer I spoke to :)

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Filed: K-1 Visa Country: Wales
Timeline

K1 is not the right option if you need to work

“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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On 2/14/2021 at 1:49 AM, LittleLune said:

Well, I'm already at the "waiting for an interview" stage, so it seems a little late to start over on another track now. :(

I’m on the same boat as you but we are already approved for the k1. May i ask if you have gained more info about working remote in the US while being on a K1?

 

Also were you planning to deregister right away from the Dutch municipality? (Uitschrijven bij gemeente)

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