Work Permit Question

[Ricca711 1]

Good morning all,

I have a question. Yesterday Samuel received several phone calls from his employer. They told him they want to offer him a job. He explained his work permit expired. His employer told him to bring in the all the receipts that he has from his applications (I-765 & I-485) and they will be able to put him back to work.

We have our biometrics tomorrow afternoon, and I am hoping that they will entertain this question. However, could someone please direct me to where it states that you have to stop working once the work permit expires. I would like to fax the information to his employer. Samuel is so anxious to get back to work. He is planning on going to his employer by himself tomorrow and I do not want him making any hasty decisions nor do I want his employer talking him into something that "WE" will later suffer from.

Thanks in advance for your help.

Erika

[Johnnie J 0]

Erika,

Sounds he's got to be real lucky. However remember working without a valid EAD or GC is illegal. If anyone found out and reported it to ICE, he would most likely be placed under removal proceedings. No matter what the employer tells you or him, know you guys are not making a safe decision. Moreover how does the employer plan to account for his (your husbands) paycheck without a SSN. You see there are many factors that could affect him while he waits.

It's my honest and simple opinion and what I have read at DHS and USCIS.

[DI&JR 1]

It is not so much "you have to stop working once the work permit expires", it is more that employers have to certify

that you are authorized for employment, otherwise they may be subject to civil monetary penalties.

From the M-274, Handbook for Employers:

"Q. What do I do when an employee’s work

authorization noted in either Section 1 or 2 of the

Form I-9 expires?

A. You will need to reverify on the Form I-9 to

continue to employ the person. Reverification must

occur no later than the date that work authorization

expires. The employee must present a document from

either List A or List C that shows either an extension

of his or her initial employment authorization or new

work authorization. You must review this document

and, if it reasonably appears on its face to be genuine

and to relate to the person presenting it, record the

document title, number, and expiration date (if any),

in the Updating and Reverification Section (Section

3), and sign in the appropriate space...

NOTE: If an employee’s EAD expires before the

employee receives a new EAD, the employee may

take the application receipt to a local USCIS office to

receive temporary employment authorization IF it

has been more than 90 days since the employee

applied for the new EAD."

List A and List C, "LISTS OF ACCEPTABLE DOCUMENTS", are on the last page.

[Ricca711 1]

Erika,

Sounds he's got to be real lucky. However remember working without a valid EAD or GC is illegal. If anyone found out and reported it to ICE, he would most likely be placed under removal proceedings. No matter what the employer tells you or him, know you guys are not making a safe decision. Moreover how does the employer plan to account for his (your husbands) paycheck without a SSN. You see there are many factors that could affect him while he waits.

It's my honest and simple opinion and what I have read at DHS and USCIS.

Thank you for your reply. I also feel that it is illegal and I have explained this to Samuel. As far as the paycheck, Samuel has a SSN already. I have decided to take the day off to go with him to speak to his employer. Maybe this will turn out to be a misunderstanding.

[Ricca711 1]

It is not so much "you have to stop working once the work permit expires", it is more that employers have to certify

that you are authorized for employment, otherwise they may be subject to civil monetary penalties.

From the M-274, Handbook for Employers:

"Q. What do I do when an employee’s work

authorization noted in either Section 1 or 2 of the

Form I-9 expires?

A. You will need to reverify on the Form I-9 to

continue to employ the person. Reverification must

occur no later than the date that work authorization

expires. The employee must present a document from

either List A or List C that shows either an extension

of his or her initial employment authorization or new

work authorization. You must review this document

and, if it reasonably appears on its face to be genuine

and to relate to the person presenting it, record the

document title, number, and expiration date (if any),

in the Updating and Reverification Section (Section

3), and sign in the appropriate space...

NOTE: If an employee’s EAD expires before the

employee receives a new EAD, the employee may

take the application receipt to a local USCIS office to

receive temporary employment authorization IF it

has been more than 90 days since the employee

applied for the new EAD."

List A and List C, "LISTS OF ACCEPTABLE DOCUMENTS", are on the last page.

Thank you. I will download the handbook and take it with me. Job offer or no job offer....he will just have to wait. We worked too hard to get him here!

[Eric-Pris 1,606]

I don't think it's as much of a problem for the employee as it is for the employer. They would face serious consequences (fines) if this was discovered. The burden is on them to make sure your husband is legally able to work before they hire him. I don't know what the penalty (if any) would be for the employee, but I don't think it would be deportation.

Edited September 24, 2008 by kid brooklyn

[RaTBoX 1]

Good morning all,

I have a question. Yesterday Samuel received several phone calls from his employer. They told him they want to offer him a job. He explained his work permit expired. His employer told him to bring in the all the receipts that he has from his applications (I-765 & I-485) and they will be able to put him back to work.

We have our biometrics tomorrow afternoon, and I am hoping that they will entertain this question. However, could someone please direct me to where it states that you have to stop working once the work permit expires. I would like to fax the information to his employer. Samuel is so anxious to get back to work. He is planning on going to his employer by himself tomorrow and I do not want him making any hasty decisions nor do I want his employer talking him into something that "WE" will later suffer from.

Thanks in advance for your help.

Erika

The specific peice of the law that you're looking for is CFR 8 §274.[2].[a].[3]..[1].[vii]

"If an individual's employment authorization expires, the employer, recruiter or referrer for a fee must reverify on the Form I-9 to reflect that the individual is still authorized to work in the United States; otherwise the individual may no longer be employed, recruited, or referred. Reverification on the Form I-9 must occur not later than the date work authorization expires. In order to reverify on the Form I-9, the employee or referred individual must present a document that either shows continuing employment eligibility or is a new grant of work authorization. The employer or the recruiter or referrer for a fee must review this document, and if it appears to be genuine and relate to the individual, re-verify by noting the document's identification number and expiration date, if any, on the Form I-9 and signing the attestation by a handwritten signature or electronic signature in accordance with paragraph (i) of this section. (Amended 6/15/06; 71 FR 34510)"

Edited September 25, 2008 by RaTBoX

[Ricca711 1]

Good morning all,

I have a question. Yesterday Samuel received several phone calls from his employer. They told him they want to offer him a job. He explained his work permit expired. His employer told him to bring in the all the receipts that he has from his applications (I-765 & I-485) and they will be able to put him back to work.

We have our biometrics tomorrow afternoon, and I am hoping that they will entertain this question. However, could someone please direct me to where it states that you have to stop working once the work permit expires. I would like to fax the information to his employer. Samuel is so anxious to get back to work. He is planning on going to his employer by himself tomorrow and I do not want him making any hasty decisions nor do I want his employer talking him into something that "WE" will later suffer from.

Thanks in advance for your help.

Erika

The specific peice of the law that you're looking for is CFR 8 §274.[2].[a].[3]..[1].[vii]

"If an individual's employment authorization expires, the employer, recruiter or referrer for a fee must reverify on the Form I-9 to reflect that the individual is still authorized to work in the United States; otherwise the individual may no longer be employed, recruited, or referred. Reverification on the Form I-9 must occur not later than the date work authorization expires. In order to reverify on the Form I-9, the employee or referred individual must present a document that either shows continuing employment eligibility or is a new grant of work authorization. The employer or the recruiter or referrer for a fee must review this document, and if it appears to be genuine and relate to the individual, re-verify by noting the document's identification number and expiration date, if any, on the Form I-9 and signing the attestation by a handwritten signature or electronic signature in accordance with paragraph (i) of this section. (Amended 6/15/06; 71 FR 34510)"

Thank you very much for the information. We have decided to go with premium processing which his employer has offered to pay. This is a blessing.