On Fiance (K1) Visa, Live in US, work 'remotely' for Canadian Company
Oct 6th 2005, 4:06 am
#1
Guest
Posts: n/a
On Fiance (K1) Visa, Live in US, work 'remotely' for Canadian Company
I am doing work remotely for a company in Canada while living
permanently in the US (got married in August and came to the US on a K1
Visa). I get paid in Canadian dollars in a Canadian bank account, and
am basically doing this on the side until the EAD is approved. I am an
internal worker (test software for company use).
Is what I am doing right now illegal? I understand there have been
people in this position before, but have found no conclusive answers to
the question. Thanks.
permanently in the US (got married in August and came to the US on a K1
Visa). I get paid in Canadian dollars in a Canadian bank account, and
am basically doing this on the side until the EAD is approved. I am an
internal worker (test software for company use).
Is what I am doing right now illegal? I understand there have been
people in this position before, but have found no conclusive answers to
the question. Thanks.
Oct 7th 2005, 7:57 pm
#2
Guest
Posts: n/a
Re: On Fiance (K1) Visa, Live in US, work 'remotely' for Canadian Company
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Salinator wrote:
> I am doing work remotely for a company in Canada while living
> permanently in the US (got married in August and came to the US on a K1
> Visa). I get paid in Canadian dollars in a Canadian bank account, and
> am basically doing this on the side until the EAD is approved. I am an
> internal worker (test software for company use).
>
> Is what I am doing right now illegal? I understand there have been
> people in this position before, but have found no conclusive answers to
> the question. Thanks.
It's a bit of a grey area, but I think that you are actually OK. For one,
working for an international employer with no ties to the US economy is
typically considered legal in the first place.
For another, at least the I-485, and I think also the K-1, come with a
built-in employment authorization. The EAD is merely the *evidence* of it,
not the actual employment authorization itself. So the EAD does not
actually allow you to find a job, but rather allows an employer to hire you
and still satisfy government recordkeeping regulations.
Note that this is my personal take on it - you may well get a different
answer from others.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Salinator wrote:
> I am doing work remotely for a company in Canada while living
> permanently in the US (got married in August and came to the US on a K1
> Visa). I get paid in Canadian dollars in a Canadian bank account, and
> am basically doing this on the side until the EAD is approved. I am an
> internal worker (test software for company use).
>
> Is what I am doing right now illegal? I understand there have been
> people in this position before, but have found no conclusive answers to
> the question. Thanks.
It's a bit of a grey area, but I think that you are actually OK. For one,
working for an international employer with no ties to the US economy is
typically considered legal in the first place.
For another, at least the I-485, and I think also the K-1, come with a
built-in employment authorization. The EAD is merely the *evidence* of it,
not the actual employment authorization itself. So the EAD does not
actually allow you to find a job, but rather allows an employer to hire you
and still satisfy government recordkeeping regulations.
Note that this is my personal take on it - you may well get a different
answer from others.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Oct 8th 2005, 2:14 am
#3
Account Closed
Joined: Mar 2004
Posts: 2
Re: On Fiance (K1) Visa, Live in US, work 'remotely' for Canadian Company
From the US Embassy web site in the UK but the principal should be the same:
Telecommuters
Individuals temporarily resident in the United States who will be working from home as computer programmers for foreign based companies may be eligible for B-1 visas if all of the following are met:
* the individual is employed by a company outside of the United States;
* will receive no remuneration from a U.S. source, other than expenses incidental to the stay;
* is working in an occupation which requires the attainment of a bachelor's or higher degree in the specific specialty and the individual has that level of education.
If you believe that you may qualify for the B-1 visa, you should apply for a visa in order for your qualifications to be evaluated.
If accompanying a spouse who is the beneficiary of a work or student visa, the individual may apply for both the derivative and B-1 visas. When applying for admission into the United States, you should advise the immigration official at the port of entry of your dual intent, that is to say, you are accompanying your spouse, but also intend to continue working for your U.K. employer as a telecommuter.
Not quite the same but the B1 does not provide EAD as such.
I think you are OK, the K1 aspect is tricky, I am not sure that there is an answer, but:
It does as KK has said (nearly typed Ingo!) have built in work authorisation but not evidenced, I have never been certain when that expires, one point of view is after 90 days, another on Marriage.
You may well be looking to work beyond that time anyway, and before your EAD comes through.
From a practical point of view, it is the employer who has the biggest issues, but obviously not in this case. I have seen posts from many people who have worked conventionally without EAD and had no issues adjusting, sometimes for many years.
Pay your taxes of course.
Telecommuters
Individuals temporarily resident in the United States who will be working from home as computer programmers for foreign based companies may be eligible for B-1 visas if all of the following are met:
* the individual is employed by a company outside of the United States;
* will receive no remuneration from a U.S. source, other than expenses incidental to the stay;
* is working in an occupation which requires the attainment of a bachelor's or higher degree in the specific specialty and the individual has that level of education.
If you believe that you may qualify for the B-1 visa, you should apply for a visa in order for your qualifications to be evaluated.
If accompanying a spouse who is the beneficiary of a work or student visa, the individual may apply for both the derivative and B-1 visas. When applying for admission into the United States, you should advise the immigration official at the port of entry of your dual intent, that is to say, you are accompanying your spouse, but also intend to continue working for your U.K. employer as a telecommuter.
Not quite the same but the B1 does not provide EAD as such.
I think you are OK, the K1 aspect is tricky, I am not sure that there is an answer, but:
It does as KK has said (nearly typed Ingo!) have built in work authorisation but not evidenced, I have never been certain when that expires, one point of view is after 90 days, another on Marriage.
You may well be looking to work beyond that time anyway, and before your EAD comes through.
From a practical point of view, it is the employer who has the biggest issues, but obviously not in this case. I have seen posts from many people who have worked conventionally without EAD and had no issues adjusting, sometimes for many years.
Pay your taxes of course.
