robj

On 2/7/2022 at 9:58 AM, canadian_wife said:

 

Quite possibly, I am not totally up to date on the training of CBP, I literally just posted what was on the USCIS website. 
I guess the quickest and easiest way to tell disclose your work situation when crossing the borders and allowing the CBP officer to decide if it it is permitted on the class of visa.

Good luck

Lol it's definitely not the quickest and quite costly too. That's why I'm asking here first. 

21 hours ago, cuongvt101 said:

I think you mistaken. My understanding is that his fiancee has a job in the foreign country, and she doesn't have K1 visa yet (pending), so assuming she is coming to the US on different visa (B2 maybe). What's with all the remote working thing after Covid? Thought people can work from everywhere?

That's what she is doing now on her tourist visa. That's okay from what I understand. It's like working while you're on vacation in a foreign country. 

When she comes back on the k1 visa I was wondering if she could do the same job. Apparently she cannot work at all, no matter what until she gets work authorization. 

44 minutes ago, Demise said:

Considering your situation it'd probably be best to just meet up, marry, do a CR1 rather than a K-1, and have her work remotely from her country until she gets the immigrant visa. Upon entry she'll be an LPR and immediately eligible to work so she'll be eligible to continue working for whoever whether it is the US or foreign branch that's hired her.

 

K-1 will leave her with a hole between entry and when she gets the AOS EAD where she's unable to work.

 

Yeah the whole thing is a mess and the situation comes up frequently in cases of B-1/VWB visitors who come to US for some business and they're extremely limited in the duties they can actually perform for their actual employer abroad.

We are fine with the K1 and my job can easily support her. More money would be better and she is gonna be bored though.

Thanks everybody for the replies!

34 minutes ago, powerpuff said:

Work is work, whether it's remote or in person, for a US based company or a foreign company. She cannot work without an EAD. 

I was under the impression she couldn't work because she'd be unauthorized to work as a US citizen. So I thought working for her country, even while here on her K1 and prior to a green card, would be okay. Thanks for clearing that up.

Yea. They canceled the interview after she pointed out she wasn't from the US.

Can she work remotely for a company from her country while here on the K1 visa? I don't see how that would be an issue.

I just got done speaking with her. I think she may be mistaken. She thinks she can apply for a remote job with a US based company, but she doesn't know which visa it would be under. I think she applied for a US based company and they didn't notice she wasn't from the US and they still scheduled an interview.

If the company is hiring foreigners can she work under whatever work visa the company is using though?

My girlfriend and I have a K1 process going. We got the first notification in August of 2021. Is there any rule against working remotely for a US based company? She would be working for this company in her country, while visiting the USA, and during the K1 and green card process.