"Working" Before Receiving EAD
Hi All,
I will be moving over at the end of next month on my K-1 visa. I will then be getting married to my fiancee, and subsequently applying for my AOS, EAD and AP. Obviously I will be unable to work for any US employer until I receive my EAD. In the UK, I am the director (and sole employee) of my own software consultancy. One of my clients has expressed an interest in my company (i.e. me) continuing to do some work for them remotely, once I leave. Would this be legal from a US point of view? If it made a difference, I could avoid having any personal income (salary or dividends) from this work until my EAD arrives. Any advice greatly appreciated. Dan |
Re: "Working" Before Receiving EAD
Originally Posted by db1145
(Post 11620663)
Hi All,
I will be moving over at the end of next month on my K-1 visa. I will then be getting married to my fiancee, and subsequently applying for my AOS, EAD and AP. Obviously I will be unable to work for any US employer until I receive my EAD. In the UK, I am the director (and sole employee) of my own software consultancy. One of my clients has expressed an interest in my company (i.e. me) continuing to do some work for them remotely, once I leave. Would this be legal from a US point of view? If it made a difference, I could avoid having any personal income (salary or dividends) from this work until my EAD arrives. Any advice greatly appreciated. Dan First -- what is an "employer?" Second -- the K-1 is authorized to work pursuant to status. The evidence though is the "EAD" [employment authorization document]. So, can the non-citizen K-1 work for a US employer? Yes. Will the employer be employing an "unauthorized alien" without seeing that EAD? No. Will the employer be in violation of the paperwork requirements? Yes. |
Re: "Working" Before Receiving EAD
Translation: No, you can't legally work in any capacity until you have the EAD in hand!
|
Re: "Working" Before Receiving EAD
Originally Posted by Guindalf
(Post 11620707)
Translation: No, you can't legally work in any capacity until you have the EAD in hand!
Rene |
Re: "Working" Before Receiving EAD
Yes, a K-1 holder can, but when he gets married and files AOS, he's no longer a K-1 holder and can't work until EAD is in hand.
|
Re: "Working" Before Receiving EAD
I believe he is allowed to work the first 90 days in the USA, even if he has filed AOS during that time. He is still considered a K-1 entry.
Rene |
Re: "Working" Before Receiving EAD
Originally Posted by Guindalf
(Post 11620715)
Yes, a K-1 holder can, but when he gets married and files AOS, he's no longer a K-1 holder and can't work until EAD is in hand.
Ian |
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