Consequences of working without current EAD when applying for AOS

[invirginia 0]

anyone know what can happen if your working after your EAD has terminated while applying for an AOS??

[KarenCee 3]

Most will tell you that any work done by the foreign spouse without authorisation is usually forgiven. Hopefully someone will come along and either confirm or deny.

[husseylj 0]

My Husband has been working while here on his K-1 visa becuase paper work said that he was authorized to work with a K-1 visa. Now we are getting the papers together to file for his AOS and File the EAD and don't know if he will be allowed to work durring the window of time when his K-1 expires and we recieve his EAD. (( do we file teh EAD as a new or a renewal ??)) Been trying to figure this one out- but can not find any information. If any one knows something about this please help!

[invirginia 0]

My Husband has been working while here on his K-1 visa becuase paper work said that he was authorized to work with a K-1 visa. Now we are getting the papers together to file for his AOS and File the EAD and don't know if he will be allowed to work durring the window of time when his K-1 expires and we recieve his EAD. (( do we file teh EAD as a new or a renewal ??)) Been trying to figure this one out- but can not find any information. If any one knows something about this please help!

If you did not have a prior EAD card it would be new and you can file it in conjunction with the AOS.

[Udella&Wiz 325]

If it's technically 'not legal'...why would you risk it? And yes I realize they overlook it sometimes.

Also - could there be a risk to your employer of being fined if it is found they have an 'illegal' working.

Just some questions to ponder. I gather a job is already in place and you don't want to have a gap?

[husseylj 0]

Yes the job was in place and he was working for part of the 90days granted by the K-1 Visa.

Since we couldn't find anything definate to say it was okay to continue working durring the window of time between the end of his K-1 VIsa and recieving his EAD - we decidied to play it safe and he has since stopped working.

We now have a 40-90 day wait with out the extra income untill his EAD is prossesed and he can continue to work again.

the gap will be a little tough but we can get through it.

Good news is that his employer was very undertsanding of the situation and has invited him back to work as soon his EAD arrives.

HOPE IT IS SOON!!!!!!!!!

thanks for your reply.

If it's technically 'not legal'...why would you risk it? And yes I realize they overlook it sometimes.

Also - could there be a risk to your employer of being fined if it is found they have an 'illegal' working.

Just some questions to ponder. I gather a job is already in place and you don't want to have a gap?