# Possible to start work in US while DCF in process?



## marigolds (Mar 17, 2010)

My husband is negotiating a new professional position in the US. He is a UK citizen and held a US green card for 7 years, but abandoned it when we moved to the UK 3 years ago. I am a US citizen. We've been married 10+ years so we would apply for a new work visa for him via DCF in London in order to move back to the US.

Could he begin working in the US on any sort of short-term basis while we are waiting for his paperwork to come through? Or work for them but from the UK with a few business trips to the US? 

We're trying to figure out when he could actually commit to this company to begin work. Thanks!!


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## Fatbrit (May 8, 2008)

marigolds said:


> My husband is negotiating a new professional position in the US. He is a UK citizen and held a US green card for 7 years, but abandoned it when we moved to the UK 3 years ago. I am a US citizen. We've been married 10+ years so we would apply for a new work visa for him via DCF in London in order to move back to the US.
> 
> Could he begin working in the US on any sort of short-term basis while we are waiting for his paperwork to come through? Or work for them but from the UK with a few business trips to the US?
> 
> We're trying to figure out when he could actually commit to this company to begin work. Thanks!!


He should have naturalized last time he was a permenant resident here -- then you wouldn't have had to go through this rigmarole again! If you qualify for UK naturalization, you should carefully consider doing it before you leave.

DCF London is running at 6 months or so. from filing the initial I-130 filing.

He can certainly work for a US company while working in the UK, but he can't start working for them in the US. The rules of what he can and cannot do are very complicated -- and he doesn't want to overstep the mark. I don't pretend to understand them.


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## marigolds (Mar 17, 2010)

Fatbrit said:


> He can certainly work for a US company while working in the UK, but he can't start working for them in the US. The rules of what he can and cannot do are very complicated -- and he doesn't want to overstep the mark. I don't pretend to understand them.


Does anyone know where I can find more on these rules (i.e. where he can work, which office he could be paid by, can he visit US, etc.) while he has an I-131 DCF in process? Thanks in advance.

At the time, we left the US, we didn't want to deal with the tax implications of him having to continue to pay US taxes when we thought we'd be abroad a long time, but now that we may be returning after only 3 years, I sure am wishing we had gone the citizenship route. And in fact this whole train of thought has convinced me to get my UK citizenship asap before we leave.


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