Employed upon k1 entry

[bingi2 1]

Hi everyone! Looking for some opinions/ anyone with experience with this seemingly gray area..

I will be entering via k1 visa at the end of September. My physical last day is in a few days, but the official last day according to the schedule is actually in October. I work for a place that offers a yearly 'mental health week' where you can choose to book a whole week off and get paid; it is treated as a PTO. My job cannot be done remotely (think Restaurant), so technically when I enter the States, I will be still an employee, but I will not be performing any work (taking that mental health week). My paycheck would include days after my entry (those PTO days). 

Would that be considered unauthorized work? I worry that during AOS it will look suspicious that I-94 shows September entry but last day of work is in October. Or should I treat my last day at work as my last physically-worked day?
What do you guys think? Am I overthinking or should I ask for my official last day to be before departure?

Thank you in advance!

[OldUser 10,476]

15 minutes ago, bingi2 said:

Hi everyone! Looking for some opinions/ anyone with experience with this seemingly gray area..

I will be entering via k1 visa at the end of September. My physical last day is in a few days, but the official last day according to the schedule is actually in October. I work for a place that offers a yearly 'mental health week' where you can choose to book a whole week off and get paid; it is treated as a PTO. My job cannot be done remotely (think Restaurant), so technically when I enter the States, I will be still an employee, but I will not be performing any work (taking that mental health week). My paycheck would include days after my entry (those PTO days). 

Would that be considered unauthorized work? I worry that during AOS it will look suspicious that I-94 shows September entry but last day of work is in October. Or should I treat my last day at work as my last physically-worked day?
What do you guys think? Am I overthinking or should I ask for my official last day to be before departure?

Thank you in advance!

You're overthinking. You're employed, but not performing any work. That's not different from somebody coming to the US for vacation. Also, even if you did work, that would be forgiven as you will be married to US citizen.

Edited 13 hours ago by OldUser

[Daphne . 2,118]

You won’t be performing any work

 so you are fine. 

[P055UM 349]

A good and sensible question. Another vote for you are fine, this isn’t an issue. 

[bingi2 1]

Thank you everyone 🙂 

So in your opinion on the AOS this would be marked as NO for "Have you EVER worked in the United States without authorization"
and the explanation for 'why still employed' is use all benefits before quitting?

[S2N 440]

1 hour ago, bingi2 said:

Thank you everyone 🙂 

So in your opinion on the AOS this would be marked as NO for "Have you EVER worked in the United States without authorization"
and the explanation for 'why still employed' is use all benefits before quitting?

Correct. This is not work, even by the overly broad standards a lot of people on the internet apply to the word