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"Working" Before Receiving EAD

"Working" Before Receiving EAD

Old Apr 16th 2015, 5:57 pm
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Default "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
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Old Apr 16th 2015, 6:35 pm
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Default Re: "Working" Before Receiving EAD

Originally Posted by db1145 View Post
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
General comments: The employer sanctions provision of the law is kind of schizophrenic. There are provisions that apply to employers and then provisions that apply to the non-citizen.

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.
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Old Apr 16th 2015, 7:09 pm
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Default Re: "Working" Before Receiving EAD

Translation: No, you can't legally work in any capacity until you have the EAD in hand!
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Old Apr 16th 2015, 7:15 pm
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Default Re: "Working" Before Receiving EAD

Originally Posted by Guindalf View Post
Translation: No, you can't legally work in any capacity until you have the EAD in hand!
This is not true. A K-1 visa holder is work authorized for the first 90 days in the USA. After that, he needs the EAD in hand. If he can find an employer who does not require him to fill out an I-9 during those first 90 days (such as being self employed or working for an overseas employer), he's good to go.

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Old Apr 16th 2015, 7:19 pm
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Default 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.
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Old Apr 16th 2015, 7:24 pm
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Default 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
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Old Apr 16th 2015, 8:27 pm
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Default Re: "Working" Before Receiving EAD

Originally Posted by Guindalf View Post
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.
As Rene notes, he can work for the first 90 days. He doesn't cease to be in K-1 status simply because he gets married and files for AOS. Once that 90-day period is up, however, he can't work until he has an EAD.

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