Working using SSN

[David-and-Mae 15]

So how soon after a fiance arrives in the US can she apply for her EAD?

I'd say right after you got married. It's either you apply for EAD alone or apply AOS with EAD and AP since it's all included in current fee, which is $1010.

--Mae

[eau_xplain 2]

That's what I thought... but still not worth the risk! but what if a company REALLY wants me and cannot wait for me 3 months? What ways around it? what about if it was UNPAID training? ;-)

And how can they find out anyway?

Back in the days when the USCIS website had more information up front (and you don't have to spend hours doing a search) they defined the different categories of "work" that do not violate the "work with DHS authorization only" rule. Unfortunately, working unpaid, for a job that you will ultimately be paid for is considered work that will need DHS authorization.

Unlike what some people think USCIS and IRS do not communicate. However, the SSA has established a new system wherein they are supposed to submit to USCIS a report on SSNs that have the "work with DHS authorization only" restriction and have earned work credits. Under this new system, there is a greater possibility of USCIS finding out if you worked without authorization.

As I have mentioned before unauthorized work and overstay are usually "overlooked" by USCIS when they process AOS. Any penalties for unauthorized work will fall on the employer for hiring somebody who has not been granted authorization. A good employer would not want to jeopardize the company by hiring somebody without DHS authorization.

[Chica Yeyé 41]

Besides, employers need to verify eligibility for work using Homeland Security's form I-9, and that's a way of 'catching' these type of things. Don't risk it. Just my 2 cents.

[TinTin and Samby 11]

That's what I thought... but still not worth the risk! but what if a company REALLY wants me and cannot wait for me 3 months? What ways around it? what about if it was UNPAID training? ;-)

And how can they find out anyway?

Unlike what some people think USCIS and IRS do not communicate. However, the SSA has established a new system wherein they are supposed to submit to USCIS a report on SSNs that have the "work with DHS authorization only" restriction and have earned work credits. Under this new system, there is a greater possibility of USCIS finding out if you worked without authorization.

Sure they do. Sometimes directly, more often times indirectly - via the petitioner and applicant. How many times in the visa issuance process does USCIS/DOS request (validated) documentation submitted to the IRS? Every time. If you work unathorized, the risk is huge that they will find out which at the least will require a waiver and at the most will get you a ban. Not worth the risk.

Warm Regards,

Samby

[N360 0]

If you were given the temporary work permit on your POE, then you can use that. Otherwise, you will need to apply for EAD (that can take at least 60-90 days to be processed) before you can legally work.

--Mae

I agree with most posters here. It's illegal. Don't do it.

But something caught my eye, a bit off topic, but I got curious.

Do they give temporary work permits to K1 holders at POE? I didnt think they do that. I thought those were given to mostly CR1/IR1 or K3 holders. Anyone have experience on this?

[Sheriff Uling 3]

I agree with most posters here. It's illegal. Don't do it.

But something caught my eye, a bit off topic, but I got curious.

Do they give temporary work permits to K1 holders at POE? I didnt think they do that. I thought those were given to mostly CR1/IR1 or K3 holders. Anyone have experience on this?

AGREED! It is illegal and I'm sure that most of the posters, who already out of harms way, would not have advised their own spouses to work. When it is, shall I write it again, ILLEGAL. Everyone knows that most of the government agencies do not have cross communications (that's nothing new). BUT, the point is, why risk a few weeks to a few months financial gain compared to the downside of getting caught working without proper authorization.

I shall write no more in this thread.

Cheers!!!

Sheriff Uling

Edited March 23, 2008 by Sheriff Uling

[eau_xplain 2]

Agreed it is illegal.

But to post untruth is downright wrong also. I am not advocating for the OP or anyone to work illegally. But I cannot stand something that is untrue to be spread around as if it's the truth.

Go to the USCIS website and do a search on AOS + overstay and unauthorized work and read up on it. Go to the IRS website and you will see that they do not report to USCIS. All they care about is that you pay your taxes. Go to the SSA and you will see that it is they who will report to the USCIS.

OP, any company who will hire someone without caring whether you are authorized to work or not is just out to exploit you. They are companies that survive because they take advantage of people who are desperate to work even without USCIS authorization and even at or lower than minimum wages.

You have done everything else legally from the very start, why do something unauthorized at this point? Your unauthorized work might not affect your immigration process at this point but it might have an impact on your family members who are still in the Philippines. Think about it.

[David-and-Mae 15]

If you were given the temporary work permit on your POE, then you can use that. Otherwise, you will need to apply for EAD (that can take at least 60-90 days to be processed) before you can legally work.

--Mae

I agree with most posters here. It's illegal. Don't do it.

But something caught my eye, a bit off topic, but I got curious.

Do they give temporary work permits to K1 holders at POE? I didnt think they do that. I thought those were given to mostly CR1/IR1 or K3 holders. Anyone have experience on this?

They do, for your general information... But as far as I know, the only (or maybe one of the few) POE that grants temporary EAD is JFK.

--Mae

Edited March 22, 2008 by David-Mae Forever

[TinTin and Samby 11]

Agreed it is illegal.

But to post untruth is downright wrong also. I am not advocating for the OP or anyone to work illegally. But I cannot stand something that is untrue to be spread around as if it's the truth.

Go to the USCIS website and do a search on AOS + overstay and unauthorized work and read up on it. Go to the IRS website and you will see that they do not report to USCIS. All they care about is that you pay your taxes. Go to the SSA and you will see that it is they who will report to the USCIS.

Ummmm...Hello?? Was that directed at me?? If it was, then you need to rethink your micro-minded definition of "truth". I stand by my previous comments. The issue here in this thread is how the USCIS/DOS will "find out" about unauthorized work. Every single one of us has to provide IRS information to the USCIS and/or DOS during this process. Here's aother form of communication: the IRS is in receipt of communication when an unauthorized worker's employer submits Earned Wage info to them and then does not receive an ITR from the worker. The IRS will not provide a official transcript for that worker- something that the USCIS/DOS is well within their right to request. I can go on, but I think the point is clear.

Point: Stuff goes around: directly and indirectly. The old adage of not letting the right hand know what the left hand is doing is quite difficult in reality. Certainly, as many have said - including you, eau, NOT WORTH THE RISK.

Warm Regards,

Samby

[David-and-Mae 15]

If you were given the temporary work permit on your POE, then you can use that. Otherwise, you will need to apply for EAD (that can take at least 60-90 days to be processed) before you can legally work.

--Mae

I agree with most posters here. It's illegal. Don't do it.

But something caught my eye, a bit off topic, but I got curious.

Do they give temporary work permits to K1 holders at POE? I didnt think they do that. I thought those were given to mostly CR1/IR1 or K3 holders. Anyone have experience on this?

Just to correct you on that bolded and underlined one... CR-1 and IR-1 are IMMIGRANT visas or "GREEN-CARD" visas (like what you are applying for), so when they enter the USA ALL POEs will stamp their passports with the I-551 stamp, NOT the EAD stamp. The I-551 = Green-Card, so automatically conveys work authorization and it's not just a temporary permit...

And by the way, you might want to check this one to further satisfy your curiousity about K1 holders being granted with temporary EAD stamp at POE:

http://www.visajourney.com/forums/index.ph...p;#entry1685416

--Mae

Edited March 22, 2008 by David-Mae Forever

[Karaoke 0]

If a company does not pay a worker, they do not have to declare anything to anyone (I mean, no one gets to know this...)

If the worker agrees with a company to "train" for 2 months for FREE (while processing EAD), knowing both that eventually he will get a permit, then can "adjust" the salary with a sign-up bonus for the equivalent of -guess what- two months. This would be a risk for the worker but also a risk for the company..

This company needs you now, but you do not have the paperwork, do you resign to timing?

Can they petition USCIS to speed up your CR1 or K3 if they cannot apply for a H1B because it is too hard, time consuming or simply because they are all used up?

By the way, can they apply for a H1B on your behalf if you have a standing CR1 application? Would that mess up things for either of the two, or are they processed separately?

If one is going to get a K3 visa+EAD in -say- 7-8 months from now, but H1B visa next available are in 2009 though, you can see a case where a company and a worker might agree to pretend that the person has a work authorization once he gets a K-3 visa, especially because the risks for the worker and for the company are mainly administrative fines, since the AOS application is in process, and for sure if it gets approved there is not much of an issue... Although I do not have a law background, this is my impression after reading INA Act 274A...

Of course if they give a K-1 visa holder a temp. work permit when they get into the country at POE, they could do the same for K-3 holders!

Perhaps the company can hire you from your country, you can get into the US with a K-3, file your application for AOS and perhaps leave the US and work from your country until you get the EAD?

With this, I am not encouraging anyone to break the laws, I am simply considering "real life" way around bureaucratic delays.. If the whole process of visa issuance, adjustment of status, work permit etc. took less time, I am sure this would not be an issue!

That's what I thought... but still not worth the risk! but what if a company REALLY wants me and cannot wait for me 3 months? What ways around it? what about if it was UNPAID training? ;-)

And how can they find out anyway?

Unlike what some people think USCIS and IRS do not communicate. However, the SSA has established a new system wherein they are supposed to submit to USCIS a report on SSNs that have the "work with DHS authorization only" restriction and have earned work credits. Under this new system, there is a greater possibility of USCIS finding out if you worked without authorization.

Sure they do. Sometimes directly, more often times indirectly - via the petitioner and applicant. How many times in the visa issuance process does USCIS/DOS request (validated) documentation submitted to the IRS? Every time. If you work unathorized, the risk is huge that they will find out which at the least will require a waiver and at the most will get you a ban. Not worth the risk.

Warm Regards,

Samby

[N360 0]

If you were given the temporary work permit on your POE, then you can use that. Otherwise, you will need to apply for EAD (that can take at least 60-90 days to be processed) before you can legally work.

--Mae

I agree with most posters here. It's illegal. Don't do it.

But something caught my eye, a bit off topic, but I got curious.

Do they give temporary work permits to K1 holders at POE? I didnt think they do that. I thought those were given to mostly CR1/IR1 or K3 holders. Anyone have experience on this?

Just to correct you on that bolded and underlined one... CR-1 and IR-1 are IMMIGRANT visas or "GREEN-CARD" visas (like what you are applying for), so when they enter the USA ALL POEs will stamp their passports with the I-551 stamp, NOT the EAD stamp. The I-551 = Green-Card, so automatically conveys work authorization and it's not just a temporary permit...

And by the way, you might want to check this one to further satisfy your curiousity about K1 holders being granted with temporary EAD stamp at POE:

http://www.visajourney.com/forums/index.ph...p;#entry1685416

--Mae

Yes I do know about the CR1 and IR1 not needing any temp or permanent EADs at all. Their I-551 stamp or their immigrant visas all thats needed.

And thanks btw. Very informative thread on the temp EAD. After reading that, I wonder why they dont give out more of the temp EAD.

Edited March 23, 2008 by NoelandTintin

[David-and-Mae 15]

Yes I do know about the CR1 and IR1 not needing any temp or permanent EADs at all. Their I-551 stamp or their immigrant visas all thats needed.

And thanks btw. Very informative thread on the temp EAD. After reading that, I wonder why they dont give out more of the temp EAD.

That, I do not know... And besides, the temporary EAD is kind of useless in a way that some companies will not hire an alien employee that can only work legally for 3 months since that permit expires the day the I-94 expires.

--Mae