Working remotely for a foreign employer while waiting for EAD (K1)

[Afraidandalone 4]

Hi all,

 

I know this topic has been discussed in detail, and that the answer is: don't work for anyone while waiting for your EAD. But here's my situation... and please be kind, my mental state is completely shot from these recent discoveries and I have no idea what I am doing at this point.

 

When applying for the K1 visa, my partner and I made use of an attorney during the process. We met with one in our city in person. One of the things I was adamant about during our initial conversion is that I want to continue working. My job back home is entirely cloud-based, so I can work wherever I want. My lawyer said (in person, not in writing), this is not a problem. She would help us obtain the K1 visa, and did so professionally. We proceeded to request the K1 visa, everything went smoothly. We decided to do the adjustment of status without a lawyer, as she told us that it is much easier than obtaining the K1 visa, and we could do it ourselves if we wanted to.

 

I moved to the US earlier this year, and continued working under the assumption that this was okay as this is what we were told. We based our entire plan around this. My boss started looking into how to pay taxes in the US, and one lawyer he contacted said it was absolutely not ok for me to work without an EAD. This was after I was already living and working here.

 

After that I decided to email my former lawyer about this, and suddenly she confirms that I need to request an EAD. All research online points to the same answer, at least discussions in recent years. 

 

As you can imagine, ever since then I have been mildly panicky, and it's only grown worse over time, to the point where I am unable to sleep. Due to the way my contract is set up, I can't simply quit and walk out like an American can. I am an important cog in the machine, and I have a 2 month bridge period in which I need to keep working while they search for a replacement. On top of that, I've already been working in the US, and when filing my i-485 I was very open and honest about this (saying I was still working there).

 

Some more information on my case:

 

• The status of my i-485 is currently on Step 4 of 4: Case decision. I did my biometrics earlier this month, and once they processed that, they also checked off the "attend interview" step, so I guess that was not needed in my case.
• I also requested my EAD and re-entry permit, concurrent with my i-485. I checked myUSCIS today and it seems both of those have been approved as of today (I have yet to receive a letter in the mail about this). I guess that technically means I have my EAD, but my fear of working prior to this without one still stands. 

 

I'm currently trying to schedule a call with my boss to ask if we can terminate my employment. The biggest question from me to you is... what do I do? Do I quit asap, and hopefully be allowed to make clear I did not realize I was doing something illegal? Or will my green card request probably just be denied right away? Will I get deported? I know the answer is probably "lawyer up", but I also don't even know where to start looking for a good lawyer on this subject, and I don't trust my previous one for obvious reasons.

 

I am at my wit's end. Thanks for reading and understanding all this. If anyone has been in the same boat, I'd love to hear from you.

 

[Crazy Cat 44,292]

Sleep well tonight because this is not an issue you need to worry about.  This is not a bar to adjustment of status for an immediate relative of a US citizen.  You do not need a lawyer for this.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

B. Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21.^[2]

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if: 

• The applicant is now employed or has ever been employed in the United States without authorization; 
• The applicant is not in lawful immigration status on the date he or she files the adjustment application; 
• The applicant has ever failed to continuously maintain a lawful status since entry into the United States; 
• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen; 
• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or 
• The applicant has ever violated the terms of his or her nonimmigrant status. 

 

In other words, your concern is not an issue...and now, you have an approved EAD....Good luck on the rest of your journey.

Edited June 26 by Crazy Cat

[Afraidandalone 4]

Thank you so much for your quick answer, Crazy Cat. Just for my own sanity, do you think that also includes the time when my husband and I were not yet married (we got married 1.5 months after I arrived)?

[Crazy Cat 44,292]

1 minute ago, Afraidandalone said:

Thank you so much for your quick answer, Crazy Cat. Just for my own sanity, do you think that also includes the time when my husband and I were not yet married (we got married 1.5 months after I arrived)?

Yes.  "Has ever been employed" means.......ever.  You are fine.

Edited June 26 by Crazy Cat

[Rocio0010 5,729]

Working without authorization is forgiven when you marry a USC. So you should be good. Especially since you were honest about it when you filled out the form.
 

That being said, and this is strictly a personal opinion as to “what I would do if I were in your shoes”, I would probably try and see if I can get a leave of absence with the employer now that you know that you should have at least an EAD card. But that’s just me being extra cautious.

Edited June 27 by Rocio0010
Missing a period after “form”

[Crazy Cat 44,292]

To add to my previous comment, here is another reference from USCIS explaining that immediate relatives are exempt from this bar to adjustment of status.:

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2

F. Bars to Adjustment of Status

An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies.^[99] The bars to adjustment of status may apply to applicants who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law.^[100] The table below refers to aliens ineligible to apply for adjustment of status, unless otherwise exempt.^[101]

Aliens Barred from Adjustment of Status

Alien	INA Section	Entries and Periods of Stay to Consider	Exempt from Bar
Alien Crewman[102]	245(c)(1)	Only most recent permission to land, or admission prior to filing for adjustment	VAWA-based applicants
In Unlawful Immigration Status on the Date the Adjustment Application is Filed OR Who Failed to Continuously Maintain Lawful Status Since Entry into United States[103] OR Who Continues in, or Accepts, Unauthorized Employment Prior to Filing for Adjustment	245(c)(2)[104]	All entries and time periods spent in the United States (departure and return does not remove the ineligibility)[105]	VAWA-based applicants Immediate relatives[106] Certain special immigrants[107] 245(k) eligible[108]

[Dashinka 25,791]

And to add to what @Rocio0010 stated, you can request an expedite for the EAD since you already have a job waiting.

 

Good Luck!

[Crazy Cat 44,292]

2 minutes ago, Dashinka said:

And to add to what @Rocio0010 stated, you can request an expedite for the EAD since you already have a job waiting.

 

Good Luck!

I think OP said she has an approval notice of some kind  (status check).

Edited June 27 by Crazy Cat

[Dashinka 25,791]

6 minutes ago, Crazy Cat said:

I think OP said she has an approval notice of some kind  (status check).

Yes, re-reading the OP, it appears the EAD may have been approved.

[Crazy Cat 44,292]

6 minutes ago, Dashinka said:

Yes, re-reading the OP, it appears the EAD may have been approved.

Hopefully, the OP had a better night's sleep last night....

[Afraidandalone 4]

3 hours ago, Crazy Cat said:

Hopefully, the OP had a better night's sleep last night....

I did! Thank you all so much for chiming in with your answers. Yesterday was a big roller coaster of emotions. You've brought both me and my husband a lot of peace.

 

The EAD got approved indeed. The reason I was so worried when I started writing this post was because they initially estimated 11 months processing time for the EAD, and I hadn't expected it would take so long. I only found out that it was approved as I was writing up this topic yesterday, which changed everything. I still have to receive it, but that should happen sometime in the next month or so. 

 

Again, thank you all so much. I will update this post again when I have some more information on my AOS, for anyone who happens to be in the same-ish boat in the future for reference.