Working w/o EAD?

[oct2005 0]

Hello everyone!

My visa was expired end of January and I havent file for AOS or EAD yet.Maybe we will file this month.I was hired the other day with no working permit, the employer only need my SSN#. My question is, Would this be okay that I am working even w/o working permit? on G-325 form for Biographic information it says there " Applicant's employment last five years. List present employment first.", Should I include my present job, If so would this affect my AOS application? or you think they will question me about that during my interview?

Thank you so much.Your input is very appreciated.

[Girona40 0]

You are not allowed to work without the EAD. It was actually the last thing the District Director said to my son as he left her office last Friday. No EAD, no work.

[Kez/JWolf 6]

You should stop work now...... you are not allowed to work until you have an EAD in your hand... Your employer should have got you to fill in a I-9 when you started work..... he should have asked to see your EAD at that time.....

Kezzie

[one_coolchiq 0]

Yes it will affect on your records so don't go to work yet until you have legal papers/id for it.

[ljpren 0]

Just a little input. You have mentioned that your visa has expired.

Is not there a limit till when you have to file for AOS after you arrive or after your visa expires.

When we had our interview the officer was checking if I have overstayed my visa before we filed. (which I did not) However she has mention if I would they would have to charge us some money for overstaying the visa.

So you might want to investigate some more and perhaps file if you can

Best of Luck

Luc

[Kez/JWolf 6]

wow thats a new one..... never heard of anyone being asked to pay for an overstay......

but you are right the OP should file for AOS asap....

Kezzie

[john_and_marlene 162]

You are not allowed to work without the EAD. It was actually the last thing the District Director said to my son as he left her office last Friday. No EAD, no work.

Actually, a K1 is allowed to work for 90 days after entry without an EAD, but if you don't get an EAD by the end of the 90 days, you must stop working immediately at the end of the 90 days. This does not apply for K2 or K3.

Actually ... you wouldn't be able to work the entire 90 days unless the job was lined up before you got here and you already had a SSN

Edited February 9, 2006 by john_and_marlene

[rebeccajo 14]

You are not allowed to work without the EAD. It was actually the last thing the District Director said to my son as he left her office last Friday. No EAD, no work.

Actually, a K1 is allowed to work for 90 days after entry without an EAD, but if you don't get an EAD by the end of the 90 days, you must stop working immediately at the end of the 90 days. This does not apply for K2 or K3.

Actually Girona is correct. This misconception keeps cropping up on here. That is OLD INFORMATION! Sorry.

Edited February 9, 2006 by rebeccajo

[Yodrak 7]

Actually, Girona is correct about her son - as a K2, no EAD, no work, because a K2 is not EA until they apply for it.

And john_and_marlene are correct with respect to a K1 being authorized to work whether or not they have an EAD, but neglect a key item - an employer is not allowed to hire them if they do not have an EAD. So being authorized to work is of little value if you can't be hired.

Yodrak

You are not allowed to work without the EAD. It was actually the last thing the District Director said to my son as he left her office last Friday. No EAD, no work.

Actually, a K1 is allowed to work for 90 days after entry without an EAD, but if you don't get an EAD by the end of the 90 days, you must stop working immediately at the end of the 90 days. This does not apply for K2 or K3.

Actually Girona is correct. This misconception keeps cropping up on here. That is OLD INFORMATION! Sorry.

[rebeccajo 14]

"Who is Eligible?

The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States. "

I just cut and pasted this from USCIS website FAQ.

If this doesn't say that an EAD is required I don't know what does. But then maybe again I'm just a bottom-line kind of gal.

[damulag 26]

The point is mute, she said her visa expired, I am assuming after 90 days, and then she was hired so any implied work authorization with the K1 is invalid. Personally I would not risk any unauthorized work for fear of it being brought up at the AOS interview.

[meauxna 15]

Personally I would not risk any unauthorized work for fear of it being brought up at the AOS interview.

Have you read any reports about what happens if it *is* brought up? The result might not be what you think.

[ChristinaM 0]

It's a chance that people either have to take or not. Personally, I wouldn't want to bank on being forgiven - why introduce that element of doubt?

[oct2005 0]

Thank you guys for all of your replies, inputs and advices. Actually, I have taken care of the situation already.

[one_coolchiq 0]

Thank you guys for all of your replies, inputs and advices. Actually, I have taken care of the situation already.

--So what have you done to take care of it if i may ask? Just wondering because i have a friend who didn't get a stamp at her passport from POE but she got accepted and then up to now she's still working as a physical therapist she's from Minnesota and to top it all she can drive. She's gonna have her biometrics appt. tho next month isn't that great?? While i didn't get anything even a state id wow other people get lucky huh?!! well anyway just venting..She's a filipina btw. Goodluck to you.