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Working while waiting on AOS/EAD

Working while waiting on AOS/EAD

Old Aug 15th 2017, 10:25 pm
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Default Working while waiting on AOS/EAD

I realise this has come up a lot, but I could only find threads such as this one which is 2 years old.

So I'm travelling on a K1, getting married and then I'll be filing AOS/EAD.

Am I able to work remotely (UK employer, paid in UK account) whilst waiting on the latter?

Seems like a grey area, some people saying yay, others nay?
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Old Aug 15th 2017, 10:42 pm
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Default Re: Working while waiting on AOS/EAD

I believe you can legally work for the duration of your I-94 (i.e. 90 days).
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Old Aug 15th 2017, 11:00 pm
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Default Re: Working while waiting on AOS/EAD

Originally Posted by qqg3 View Post
Am I able to work remotely (UK employer, paid in UK account) whilst waiting on the latter?
You are authorized to work for the entire 90-day period that your visa is valid. Once the visa expires, you must then wait until you have an EAD before you can work - yes, even remotely.


Seems like a grey area, some people saying yay, others nay?
It's not a grey area. You are not allowed to work in the US without permission - which you have for 90 days with a K-1 and with an EAD after it arrives. Between those two events, you do not have permission to work... even remotely. The sole criterion is where your body is when the work is being done.

What you call grey, is not actually about permission to work... but whether or not you'll get caught if you do! So... will you get caught working remotely? Probably not... but that's not the same thing as having permission to work.

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Old Aug 16th 2017, 10:13 am
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Default Re: Working while waiting on AOS/EAD

Originally Posted by ian-mstm View Post
You are authorized to work for the entire 90-day period that your visa is valid. Once the visa expires, you must then wait until you have an EAD...

Ian
Thanks.

Is there any source on a K1 being work authorised? Because I've seen that refuted elsewhere as being no longer the case.

And, is my K1 status annulled as soon as I'm married or am I in that state for 90 days regardless?
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Old Aug 16th 2017, 11:39 am
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Default Re: Working while waiting on AOS/EAD

Originally Posted by qqg3 View Post
Thanks.

Is there any source on a K1 being work authorised? Because I've seen that refuted elsewhere as being no longer the case.

And, is my K1 status annulled as soon as I'm married or am I in that state for 90 days regardless?
Somewhere in the INA regulations, I don't know the code offhand.

You are work authorized your first 90 days in the USA regardless of whether you marry or not.

It's perfect in a situation like yours where you'll be working for the UK employer. It would be difficult to work for a US employer because you wouldn't have paper proof of work authorization for an I-9 that a US employer would need you to fill out. The UK employer doesn't need an I-9.

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Old Aug 16th 2017, 4:43 pm
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Thumbs up Re: Working while waiting on AOS/EAD

Thank you for the helpful responses on this, as I may also be in a similar situation ie potential to continue to work for my UK employer after I've entered the US on a K-1 visa. I was previously led to believe you couldn't work at all upon entry and so this is somewhat of a potential relief (if my timings work out that well, that is).
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Old Aug 16th 2017, 6:20 pm
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Default Re: Working while waiting on AOS/EAD

Originally Posted by qqg3 View Post
Is there any source on a K1 being work authorised?
You are authorized "incident to status". You'll find it in Sec. 214.2(k) of the code.

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Old Aug 23rd 2017, 12:24 pm
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Default Re: Working while waiting on AOS/EAD

Originally Posted by ian-mstm View Post
You are authorized "incident to status". You'll find it in Sec. 214.2(k) of the code.

Ian
Thanks Ian.

That does seem correct. However looking at this page https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-28757/0-0-0-29322.html

(6)
An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service; (Revised 8/14/01; 66 FR 42587 )
It seems explicit I need an "authorization document".
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Old Aug 23rd 2017, 1:20 pm
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Default Re: Working while waiting on AOS/EAD

Originally Posted by qqg3 View Post
It seems explicit I need an "authorization document".
It seems you don't fully understand the first sentence of that section. K-1 visa holders are employment authorized incident to status - that is, for the duration of their valid visa. In your case, 90 days - because the K-1 visa is valid for 90 days after you enter the US. For those first 90 days, you don't need further authorization.

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Old Aug 23rd 2017, 8:47 pm
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Default Re: Working while waiting on AOS/EAD

Originally Posted by ian-mstm View Post
It seems you don't fully understand the first sentence of that section. K-1 visa holders are employment authorized incident to status - that is, for the duration of their valid visa. In your case, 90 days - because the K-1 visa is valid for 90 days after you enter the US. For those first 90 days, you don't need further authorization.

Ian
I guess I'll have to agree to disagree. It says I'm authorized whilst on/in K1 status sure, but only as evidenced by an employment authorization document.

I won't have such a document or any evidence beyond the K1 itself. It doesn't seem like the K1 by itself is enough – maybe this is a recent change?

Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the
United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization.
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Old Aug 23rd 2017, 9:06 pm
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Default Re: Working while waiting on AOS/EAD

Originally Posted by qqg3 View Post
I guess I'll have to agree to disagree. It says I'm authorized whilst on/in K1 status sure, but only as evidenced by an employment authorization document.

I won't have such a document or any evidence beyond the K1 itself. It doesn't seem like the K1 by itself is enough – maybe this is a recent change?
No, there's been no change.

You will be work authorized, whether you have the evidence (EAD) or not. That blurb is just pointing out what the evidence is.

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Old Aug 23rd 2017, 9:32 pm
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Default Re: Working while waiting on AOS/EAD

Originally Posted by Noorah101 View Post
No, there's been no change.

You will be work authorized, whether you have the evidence (EAD) or not. That blurb is just pointing out what the evidence is.

Rene
Ah, I re-read it for the thousandth time. I think I get it!

"for a document evidencing such employment authorization.".

So I won't have evidence, hence most US employers will turn me down, but I'm ok if my employer doesn't want evidence (a rare scenario except if its a foreign employer in this case).....
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Old Aug 23rd 2017, 9:57 pm
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Default Re: Working while waiting on AOS/EAD

Originally Posted by qqg3 View Post
Ah, I re-read it for the thousandth time. I think I get it!

"for a document evidencing such employment authorization.".

So I won't have evidence, hence most US employers will turn me down, but I'm ok if my employer doesn't want evidence (a rare scenario except if its a foreign employer in this case).....
Yes. A US employer should ask for an I-9 to be filled out. You won't have the required documentation.
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Old Aug 24th 2017, 1:47 am
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Default Re: Working while waiting on AOS/EAD

Originally Posted by qqg3 View Post
Ah, I re-read it for the thousandth time. I think I get it!

"for a document evidencing such employment authorization.".

So I won't have evidence, hence most US employers will turn me down, but I'm ok if my employer doesn't want evidence (a rare scenario except if its a foreign employer in this case).....
Correct!

Rene
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Old Aug 25th 2017, 4:38 am
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Default Re: Working while waiting on AOS/EAD

Unauthorised work is 'forgiven' anyway when adjust through marriage to a USC.
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