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Immigration Forum / USA Marriage Base / September 2005



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Interesting Question - K1 Visa (Working without EAD)

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peter1966 - 30 Sep 2005 10:32 GMT
Question.

Let’s talk hypothetically here for one minute.

A K1 Visa holder enters the US from London – He is a UK Citizen. The
K1 Visa holder doesn’t receive a EAD stamp at JFK and must await
authorisation. However he has been offered a position (or already has
the position) with a global company and they want him/her to start ASAP.
Can the K1 Visa holder have a contract drawn up under UK law and be paid
into a British Bank account and still work in the US – Like if you
travelled in on a visa waiver and granted a I-194 for business purposes.
When the EAD is granted he transfers his/her contract and pay over to
the US and everyone lives happily ever after.

Before anyone freaks – We are 100% talking hypothetically.
Folinskyinla - 30 Sep 2005 13:15 GMT
> Question.
>
[quoted text clipped - 11 lines]
>
> Before anyone freaks – We are 100% talking hypothetically.

Hi:

Whose point of view are you talking about?

From the alien's point of view:  they are "authorized aliens" who can
work "incident to status" -- no problem.  They have to be honest on
the I-9 form.

From the EMPLOYER's point of view -- they can't be fined for hiring an
alien who is not an "authorized alien."  However, they CAN be fined for
the "paperwork" violation part of things because they will not be able
to examine the proper "evidence" of authorization to work.

I don't care to answer your hypotetical.

I'm confident this makes perfect sense.  Since this is an academic
hypothetical question, this is not advice.

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