Le&Dy

No.
 
"A. Definitions
1. Unauthorized Employment
Unauthorized employment is any service or labor performed for an employer within the United States by a foreign national who is not authorized by the INA or USCIS to accept employment or who exceeds the scope or period of the foreign national’s employment authorization."
 
You mistake the phrase 'within the United States' to mean any work done withing the boarders of the US.  That's incorrect.  That must be read as an EMPLOYER within the US.
 
The I-9 Manual defines work as:
Any service or labor performed by an employee for an employer within the U.S., but not including casual domestic employment or duties performed by nonimmigrant crewmen (D-1 or D-2).
 
Need more proof?  Read the B1 Visa:
B-1 Temporary Business Visitor
You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:
Consulting with business associates Traveling for a scientific, educational, professional or business convention, or a conference on specific dates Settling an estate Negotiating a contract Participating in short-term training Transiting through the United States: certain persons may transit the United States with a B-1 visa Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa Notice how these all include domestic business activities/entities?
 
By your definition, no one on a B2 visa could even check their work email, as that is, by your definition 'working'.   Everyone adult carrying a laptop would be suspect.
 
Any B2 visa holder can work for their employer while in the US.  The key is that you cannot work for a US based employer.
 
This forum is so wrong at times.
 
 
 

I had a similar experience before we filed for K1. My (now) wife was separated but not divorced, so we couldn't file for k1 while we waited for her divorce.

I'd traveled a few times without issue, but then on my 4th trip the immigration officer gave me a hard time and told me I was "virtually living" in the USA - I was returning one month after a trip that lasted one month. I pointed out that I'd only spent one of the last 7 months in the USA. I also pointed out that on my last trip they'd stamped a 90 day visa in my passport, but I only stayed one month, and would have still been within that 90days, had it been my intention to "virtually live" in the USA.
 
I said that it was never my intention to violate the US immigration laws - I'd visited many times, and also held a J1 around 20 years ago, and always complied with the terms of my visas. At this point his attitude seemed to change a little. He said that we needed to find something more permanent, and I explained that we would do k1 when we were eligible (ie my girlfriend's divorce was finalized). He let me in, but I decided not to visit USA for 4-5 months after that (and we had next meeting in Canada). When I returned 4-5 months later I had no issues.

Its impossible to say what will happen to you at immigration. But I would say:
1) if your last trip was January, a trip in the next few months would be a good few months after this.
2) if you can show you've filed for K1 that is good evidence that you are doing to do the immigration thing properly
3) don't make it a long trip - 2-3 weeks is a vacation, stay longer and it begins to look like something else. Try to plan a vacation within the USA... the immigration official said to me there is no such thing as a "visiting my girlfriend" visa, its a tourist visa and you should be doing tourism. Not strictly true (as visiting family or friends is within VWP and tourist visas), but gives an insight into the mind of immigration officer.

Canada/Mexico are good options - you can totally avoid the inherent risks with US Customs etc 

Well that's what they accused me of and tried to pressure me into "confessing". But I really don't think I did anything wrong. Any work I did while in the US was online for my Australian clients, paying in Australian dollars into an Australian bank account which I pay Australian taxes on. They sure made me feel like a criminal none the less though.

Well that's what they accused me of and tried to pressure me into "confessing". But I really don't think I did anything wrong. Any work I did while in the US was online for my Australian clients, paying in Australian dollars into an Australian bank account which I pay Australian taxes on. They sure made me feel like a criminal none the less though.

Thanks for your response ST_RO. Gives me a bit of faith that I might get in.