Interesting Question - K1 Visa (Working without EAD)
Sep 29th 2005, 9:32 pm
#1
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Interesting Question - K1 Visa (Working without EAD)
Question.
Let’s talk hypothetically here for one minute.
A K1 Visa holder enters the US from London – He is a UK Citizen. The K1 Visa holder doesn’t receive a EAD stamp at JFK and must await authorisation. However he has been offered a position (or already has the position) with a global company and they want him/her to start ASAP. Can the K1 Visa holder have a contract drawn up under UK law and be paid into a British Bank account and still work in the US – Like if you travelled in on a visa waiver and granted a I-194 for business purposes. When the EAD is granted he transfers his/her contract and pay over to the US and everyone lives happily ever after.
Before anyone freaks – We are 100% talking hypothetically.
Let’s talk hypothetically here for one minute.
A K1 Visa holder enters the US from London – He is a UK Citizen. The K1 Visa holder doesn’t receive a EAD stamp at JFK and must await authorisation. However he has been offered a position (or already has the position) with a global company and they want him/her to start ASAP. Can the K1 Visa holder have a contract drawn up under UK law and be paid into a British Bank account and still work in the US – Like if you travelled in on a visa waiver and granted a I-194 for business purposes. When the EAD is granted he transfers his/her contract and pay over to the US and everyone lives happily ever after.
Before anyone freaks – We are 100% talking hypothetically.
Sep 30th 2005, 12:15 am
#2
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Joined: Sep 2002
Posts: 16,266
Re: Interesting Question - K1 Visa (Working without EAD)
Originally Posted by peter1966
Question.
Let’s talk hypothetically here for one minute.
A K1 Visa holder enters the US from London – He is a UK Citizen. The K1 Visa holder doesn’t receive a EAD stamp at JFK and must await authorisation. However he has been offered a position (or already has the position) with a global company and they want him/her to start ASAP. Can the K1 Visa holder have a contract drawn up under UK law and be paid into a British Bank account and still work in the US – Like if you travelled in on a visa waiver and granted a I-194 for business purposes. When the EAD is granted he transfers his/her contract and pay over to the US and everyone lives happily ever after.
Before anyone freaks – We are 100% talking hypothetically.
Let’s talk hypothetically here for one minute.
A K1 Visa holder enters the US from London – He is a UK Citizen. The K1 Visa holder doesn’t receive a EAD stamp at JFK and must await authorisation. However he has been offered a position (or already has the position) with a global company and they want him/her to start ASAP. Can the K1 Visa holder have a contract drawn up under UK law and be paid into a British Bank account and still work in the US – Like if you travelled in on a visa waiver and granted a I-194 for business purposes. When the EAD is granted he transfers his/her contract and pay over to the US and everyone lives happily ever after.
Before anyone freaks – We are 100% talking hypothetically.
Whose point of view are you talking about?
From the alien's point of view: they are "authorized aliens" who can work "incident to status" -- no problem. They have to be honest on the I-9 form.
From the EMPLOYER's point of view -- they can't be fined for hiring an alien who is not an "authorized alien." However, they CAN be fined for the "paperwork" violation part of things because they will not be able to examine the proper "evidence" of authorization to work.
I don't care to answer your hypotetical.
I'm confident this makes perfect sense. Since this is an academic hypothetical question, this is not advice.
