Question about working/EAD
May 25th 2014, 9:35 am
#1
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Thread Starter
Joined: Sep 2010
Location: Getting ready to head back down under!
Posts: 99
Question about working/EAD
Hi,
I'm on the cusp of accepting a job in New York, and have a query regarding my partner's (soon to be Wife's) working situation.
I'll be going over on an E2 visa and she'll come over as my spouse. I understand that she has to apply for an EAD before she can start working for a company in the US, and that the process can take up to 90 days.
Her current employer are based in the UK, and have an office in New York. They are not able to sponsor her for a visa, so I have two questions:
1. Could she be seconded to their New York office, and work from there, whilst being employed (paid) in the UK, during those initial 90 days? Then, as soon as the EAD comes through, the company can take her on in New York as a US Employee.
2. If the above is illegal/not possible, Could she fly to the US with me and apply for the EAD asap, do the biometrics/interview etc, and then fly back to the UK and work there, until the EAD comes through?
Thanks for your help with this.
Stuart
I'm on the cusp of accepting a job in New York, and have a query regarding my partner's (soon to be Wife's) working situation.
I'll be going over on an E2 visa and she'll come over as my spouse. I understand that she has to apply for an EAD before she can start working for a company in the US, and that the process can take up to 90 days.
Her current employer are based in the UK, and have an office in New York. They are not able to sponsor her for a visa, so I have two questions:
1. Could she be seconded to their New York office, and work from there, whilst being employed (paid) in the UK, during those initial 90 days? Then, as soon as the EAD comes through, the company can take her on in New York as a US Employee.
2. If the above is illegal/not possible, Could she fly to the US with me and apply for the EAD asap, do the biometrics/interview etc, and then fly back to the UK and work there, until the EAD comes through?
Thanks for your help with this.
Stuart
Last edited by saintstu; May 25th 2014 at 9:38 am. Reason: typo
May 25th 2014, 10:24 am
#2
Forum Regular
Joined: Mar 2013
Posts: 54
Re: Question about working/EAD
1. She can go for a business trip to the US, but she cannot work for the US entity and get paid by the US entity. And as far as I understand the word secondment, it implies that.
It will basically look the same as going on a business trip on ESTA or B1/B2.
2. Apparently it's possible, but better consult with a lawyer.
http://www.trackitt.com/usa-discussi...-outside-of-us
It will basically look the same as going on a business trip on ESTA or B1/B2.
2. Apparently it's possible, but better consult with a lawyer.
http://www.trackitt.com/usa-discussi...-outside-of-us
May 25th 2014, 3:45 pm
#3
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Question about working/EAD
Hi,
I'm on the cusp of accepting a job in New York, and have a query regarding my partner's (soon to be Wife's) working situation.
I'll be going over on an E2 visa and she'll come over as my spouse. I understand that she has to apply for an EAD before she can start working for a company in the US, and that the process can take up to 90 days.
Her current employer are based in the UK, and have an office in New York. They are not able to sponsor her for a visa, so I have two questions:
1. Could she be seconded to their New York office, and work from there, whilst being employed (paid) in the UK, during those initial 90 days? Then, as soon as the EAD comes through, the company can take her on in New York as a US Employee.
2. If the above is illegal/not possible, Could she fly to the US with me and apply for the EAD asap, do the biometrics/interview etc, and then fly back to the UK and work there, until the EAD comes through?
Thanks for your help with this.
Stuart
I'm on the cusp of accepting a job in New York, and have a query regarding my partner's (soon to be Wife's) working situation.
I'll be going over on an E2 visa and she'll come over as my spouse. I understand that she has to apply for an EAD before she can start working for a company in the US, and that the process can take up to 90 days.
Her current employer are based in the UK, and have an office in New York. They are not able to sponsor her for a visa, so I have two questions:
1. Could she be seconded to their New York office, and work from there, whilst being employed (paid) in the UK, during those initial 90 days? Then, as soon as the EAD comes through, the company can take her on in New York as a US Employee.
2. If the above is illegal/not possible, Could she fly to the US with me and apply for the EAD asap, do the biometrics/interview etc, and then fly back to the UK and work there, until the EAD comes through?
Thanks for your help with this.
Stuart
Rene
May 25th 2014, 3:58 pm
#4
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: Question about working/EAD
"Biometrics" are taken only in the US.
If an attorney is involved in the E-2 application, perhaps a telephone call or e-mail might be in order. This answer may be on the fuzzy side -- that often happens in immigration law. "We enter the never never land of the Immigration and Nationality Act, where plain words don't always mean what they say."
Furthermore deponent sayeth not.
If an attorney is involved in the E-2 application, perhaps a telephone call or e-mail might be in order. This answer may be on the fuzzy side -- that often happens in immigration law. "We enter the never never land of the Immigration and Nationality Act, where plain words don't always mean what they say."
Furthermore deponent sayeth not.
