Unauthorized employment forgiven at AOS?

[Chris W 0]

I should say from the start that this thread will probably generate a pretty fierce debate, so the weak of heart should be warned

There are numerous threads on the newsgroup alt.visa.us.marriage-based (accessible by http://groups.google.com) about unauthorized employment prior to an alien's AOS being "forgiven" by the USCIS, due to the alien being the spouse of a USC. There have even been posts by immigration attorneys whom come right out and say "You can work without authorization, it will be forgiven". Visa overstays and entering the country without inspection are, of course, another matter.

The point of this thread is to see if there's anyone here who has experience about this. I am sure that some people will respond and say "If you haven't got an EAD, or your 90-day EAD has expired then don't risk it. Just wait". That's a valid opinion, and I certainly don't presume to tell anyone who thinks that that they're wrong. However, I thought it would behoove some of us here to try and collect any experiences or knowledge of unauthorized work being forgiven come AOS.

This mainly applies to those who get a 90-day EAD upon arrival, apply for the 1-year EAD as soon as they are able (i.e. in good faith) but, due to USCIS processing delays, do not receive their card before the 90-day period is up. Therefore, it can be shown that said alien made every effort to receive lawful EAD but was ultimately unsuccessful in receiving or extending their temporary EAD before AOS. Whether or not VJers will agree that said efforts make any difference when it comes to having an AOS decision adjudicated is, of course, another matter.

So... I open the floor!

[russ 1]

I should say from the start that this thread will probably generate a pretty fierce debate, so the weak of heart should be warned

This mainly applies to those who get a 90-day EAD upon arrival, apply for the 1-year EAD as soon as they are able (i.e. in good faith) but, due to USCIS processing delays, do not receive their card before the 90-day period is up. Therefore, it can be shown that said alien made every effort to receive lawful EAD but was ultimately unsuccessful in receiving or extending their temporary EAD before AOS. Whether or not VJers will agree that said efforts make any difference when it comes to having an AOS decision adjudicated is, of course, another matter.

So... I open the floor!

The rumor and speculation here would say it isn't an issue. My personal experience, (Legal Aliens I personally know who worked without EADs before and while married) agrees with this. I have yet to here of someone being deported over it.

My wife still has no EAD, yet the 90 clock is up pretty soon. She is going to interviews and looking at offers, and will take the best one on day 91 after her infopass appointment.

The money isn't an issue with us, but it feels ugly to lie about the "authorized to work in the US" question on employment applications. (These are big corporations that take three months to hire anyway...)

[engie 0]

Couple weeks ago I got an interview in a company. They interested with my experience and wanted me to work as soon as possible. That time, my temp EAD is about to expired in 2 weeks and I told the employer. She seems didn't mind much about it as long as you are married with US citizen which means you'll get your greencard eventually. In fact, it was I whom afraid of the risk.

So, I offered the employer to work for free on the time I don't have the working permit yet (which is now) and compensate that free time for a vacation later in the future. She's happy with that arrangement and I got the job. And luckily, so far my EAD application is progressing quite fast. I got bio appointment just 7 days after I got the first NOA.

Money is not a big issue for us but getting a job in here seems quite hard for me since most of the employer wants an experience of working in US.

[leroy1999 0]

Most cases the question of working without an EAD doesn't even come up at the AOS Interview due to the long wait to get interviewed.

However with USCIS speeding up interview times to less than 90 days from when you applied - I see this question being asked more and more !

[Jenn! 918]

My husband's job hunting experience has been that they are intent on actually seeing the EAD.

[ChristinaM 0]

My gut feeling is that if you cannot provide the documents as listed on the I-9, you will not be hired and will be working illegally as the temp EAD stamp is under a different category and therefore the 1-year EAD does not count as a renewal.

As for forgiveness, it's up to your personal risk tolerance. There may be a wealth of personal experience in forgiveness, but if your case is the one in a million which gets denied for it, is it worth it? That's your call to make and whatever anybody else recommends you can only do as you see fit. Personally I didn't work without an EAD, but neither did I get stamped at POE as I was a VWP adjuster.

[pax 0]

I have read that it can bite you in the ####### if you're interested in filing for naturalization.

[Chris W 0]

I have read that it can bite you in the ####### if you're interested in filing for naturalization.

Do you have any evidence to back that up? I mean, can you cite specific examples?

[pax 0]

Not re: naturalization (Meauxna probably knows something about that), but found this tale over at BritishExpats:

http://britishexpats.com/forum/showthread....authorized+work

For example, a Pakistani friend of mine had a gap between his EADs, and continued working during that time. Unfortunately for him, he went to his biometrics appointment and the officer asked him if he's working. Not wanting to lie, he said yes. The officer immediately told him he's not authorized to work (since his first EAD had expired, and he was at the biometrics for the renewal). She called his employer, and the employer laid him off that same day. He was out of work for about a month until his next EAD came. The good news is that the same employer hired him back.

Moral of the story is...your unauthorized work will be forgiven, unless USCIS discovers it ongoing.

Is it really worth jeopardizing yourself and your employer?

Edited April 26, 2006 by pax

[leroy1999 0]

Working without Authorization is the same as overstaying - You are breaking Immigration rules but they are forgiven when marrying a USC.

The law clearly states you CANNOT be denied AOS if you worked without authorization. If your AOS'ing based on a H1B you can even work 180 days without authorization and still become a Perm Resident.

to be honest I not even sure if your breaking the rules !

[Chris W 0]

The law clearly states you CANNOT be denied AOS if you worked without authorization. If your AOS'ing based on a H1B you can even work 180 days without authorization and still become a Perm Resident.

Where can I find this law? I tried finding it but didn't have much success... Edited April 26, 2006 by Chris W

[Jasman0717 9]

My husband's job hunting experience has been that they are intent on actually seeing the EAD.

Claudeth had to show hers when she got the job at the hotel

[Lorenzo 0]

What about the employers? They are more at fault. It is frustrating to spend 10 months staring at four walls. How many people can make a lot of friends their first year in the US? It is an adjustment period. So what if the woman or man cannot drive and has no job during the EAD and after it expires? Maybe the US government should have a program to put non-resident aliens to work legally while they await their GC. I am sure they will not be making tons of money off our government. Probably lucky to get $6.00 an hour.

[iceyspots 0]

*I* wouldn't risk it, but personally... that's just me

[Chris W 0]

What about the employers? They are more at fault. It is frustrating to spend 10 months staring at four walls. How many people can make a lot of friends their first year in the US? It is an adjustment period. So what if the woman or man cannot drive and has no job during the EAD and after it expires? Maybe the US government should have a program to put non-resident aliens to work legally while they await their GC. I am sure they will not be making tons of money off our government. Probably lucky to get $6.00 an hour.

I posted this on the newsgroup, but thought I would post it here based on your response...

My point of all this is that the USCIS' wording is often vague, intentionally or not I can't say. Take this unofficial FAQ about I-9 compliance:

"Work authorization is automatically extended for 240 days for certain nonimmigrants who have filed an application for an extension of their work authorization. An INS receipt for a timely filed extension application may be used as proof of continuing work authorization for a period of 240 days. An employer must accept such a receipt as proof of continuing work authorization."

Because I have a 90-day EAD, I want to *extend* to a 1-year EAD, even if it's not technically renewing my 90-day EAD but, instead, applying for a *new* 1-year EAD. Again, that's open to interpretation.

The second part of the FAQ:

"If an employee is unable to provide a required document within three business days of her or his hiring, the employee may present a receipt for the application for a replacement document within three business days of her or his hiring, but must present the required document within 90 days of her or his hiring. This rule does not apply when an employer reverifies employment authorization for current employees."

How do you refine "replacement document"? If an alien lost their document, it is a replacement. But if an alien is applying for a renewal OR an extension of their document, is that not classed as a replacement also? I am replacing a 90-day EAD with a 1-year EAD, what does that make me?

Frankly, I think that aliens and employers can interpret these issues virtually any way they want...