rallybug

Hi there, been reading lots of threads and will be starting my K1 process with my fiancee in Utah next month (or mid December when I'm over there again ).

Just a quick question (for now - there will, no doubt, be others! ). I currently work from home, dialling in to the company office and working from my machine up there using a remote desktop.

When I move to the US, do I assume rightly that I will not be able to work for my current employer for the time it takes to be issued with an EAD? There is the possibility that I may be able to continue working for this employer, just dialling in from Utah instead of Somerset, so I just want to get stuff sorted in my head

Noorah101

Correct. However, USCIS forgives unauthorized work when you have an AOS in the works, and since your employer is overseas there is no I-9 to worry about completing, so you could probably do the work anyway, even without an EAD. Just make sure you report the income on your tax return.

Rene

ian-mstm

Isn't it that USCIS usually forgives unauthorized work when you are married to a US citizen? I'm not sure whether an AOS in the works has any bearing on that.

Ian

rallybug

My fiancee is a USC (born and bred in Utah), and the AOS comes after our marriage, doesn't it? In that case, if I didn't do any work until after the marriage, it might be OK?

Or there was that thing I read somewhere that if your POE is JFK, you can get some sort of EAD from there? I forget

Noorah101

I guess since your work is overseas, and you'll be married to a USC and applying for AOS, there probably isn't a problem with you working right away.

Not sure if JFK still gives out the temp EAD stamp or not, anymore.

Rene

rallybug

Just found this on the USCIS website, saying:

So, from that, I can work for the 90 days of the K-1, and then I can either continue working if I haven't received the EAD (after doing the AOS request) assuming the USCIS will 'forgive' me, or take some unpaid leave until the EAD arrives.

Noorah101

Actually what that says is that as a K-1 visa holder, you are allowed to APPLY for an EAD upon entry. Unfortunately, the EAD application takes about 90 days to go through, which makes it totally useless to apply for. If JFK still hands out the temp EAD stamp, that's what gives you work authorization from Day 1.

Rene

rallybug

Ah - it's never simple, is it

Malashaan

A friend of mine worked remotely for his UK employer when he first came over and he didn't have any problems, but it isn't legal. It seems like there's a general tightening lately of the slack they allow so it's not a risk I'd recommend, especially seen as it sounds like you won't have too much trouble taking unpaid leave.

rallybug

Gin (my fiancee) just called the USCIS and was told that I can telecommute immediately. You are not allowed to get a job based here in the US until the work permit comes through, but you are allowed to telecommute for a company outside of the country. She wrote down her name and agent number, whether that last bit means anything I doubt

henryh

The way I understand it, you are automatically work authorized as a K-1. However, a US employer is not permitted to hire you without evidence of your employment eligibility that meets I-9 requirements. To get this evidence, you have to file for EAD. A foreign employer is not subject to the I-9 requirement.

I could be wrong. It doesn't matter too much, because during AoS the government "forgives" any "illegal" work.

Also, the USCIS telephone staff often give incorrect information, and you are liable for their mistakes.