Work status between EAD stamp and card

[LizC 0]

Hi,

My husband came here on a K-1 visa in June and received the 90 day work authorization stamp upon entry. He began working well before this authorization expired on 9/16. We expected to have his EAD card before 9/16, however after a RFE we only received notice of his EAD authorization today. My question is, do you think he will run into any trouble in the future considering he was working a month and a half out of status?

Will anyone be the wiser?

Thanks

Liz

[TayRivers 4]

Hi,

My husband came here on a K-1 visa in June and received the 90 day work authorization stamp upon entry. He began working well before this authorization expired on 9/16. We expected to have his EAD card before 9/16, however after a RFE we only received notice of his EAD authorization today. My question is, do you think he will run into any trouble in the future considering he was working a month and a half out of status?

Will anyone be the wiser?

Thanks

Liz

If he is asked at his AOS interview if he has done any work in the US then he will have to say that he continued to work after his temp EAD stamp expired. Illegal work is normaly forgiven when married to a USC but he should never lie about it if asked or it could be looked at as misinterpretation later on down the line if it came to light. When it got to 9/16 he should have stopped working as he was no longer authorized to continue. His employer could be in trouble if ICE were to do an audit of their employee's.

[raymaga 25]

That is the problem with the temporary EAD.... it expires most times before the EAD is received.

Can I ask you why he continued to work after his temporary work permit expired, without his EAD being approved?

And I agree with the previous poster about not lying if asked about it. Truthfulness is always the best policy with USCIS.

[LizC 0]

That is the problem with the temporary EAD.... it expires most times before the EAD is received.

Can I ask you why he continued to work after his temporary work permit expired, without his EAD being approved?

And I agree with the previous poster about not lying if asked about it. Truthfulness is always the best policy with USCIS.

He continued to work because it is a very good job, and because the company knew he was expecting his EAD card anytime. Honestly, he and I didn't think it was much of a problem. This largely had to do with a conversation we had with an immigration officer in the Logan airport. Due to confusion when entering in JFK, he had a delayed inspection in Boston, where we live. At that point the immigration officer was nice enough to give him the employment authorization stamp, even though Boston normally does not. We asked him what would happen if he got a job but received the EAD card after the authorization expired. The guy sort of shrugged and said well technically he should not work, but ... "you know". He very much implied that it wasn't a big deal and was rather common.

And so that is why I wondered if anyone would ever really know or care about the time out of status. The only time I could see him running into problems would be when we file our taxes, but actually the way that paperwork goes I doubt it will be an issue as well. So I suppose if the company is audited it will be an issue, as will it be if he is asked about it during the interview. We have had a very smooth and straight forward immigration process so I suspect he may not even need an interview (that is common, right?)

[TayRivers 4]

<br />

That is the problem with the temporary EAD.... it expires most times before the EAD is received. <br /><br />Can I ask you why he continued to work after his temporary work permit expired, without his EAD being approved?<br /><br />And I agree with the previous poster about not lying if asked about it. Truthfulness is always the best policy with USCIS.

<br /><br />He continued to work because it is a very good job, and because the company knew he was expecting his EAD card anytime. Honestly, he and I didn't think it was much of a problem. This largely had to do with a conversation we had with an immigration officer in the Logan airport. Due to confusion when entering in JFK, he had a delayed inspection in Boston, where we live. At that point the immigration officer was nice enough to give him the employment authorization stamp, even though Boston normally does not. We asked him what would happen if he got a job but received the EAD card after the authorization expired. The guy sort of shrugged and said well technically he should not work, but ... &quot;you know&quot;. He very much implied that it wasn't a big deal and was rather common.<br /><br />And so that is why I wondered if anyone would ever really know or care about the time out of status. The only time I could see him running into problems would be when we file our taxes, but actually the way that paperwork goes I doubt it will be an issue as well. So I suppose if the company is audited it will be an issue, as will it be if he is asked about it during the interview. We have had a very smooth and straight forward immigration process so I suspect he may not even need an interview (that is common, right?)<br /><br /><br /><br /><br />

<BR><BR><BR>Unless your case is transfered to CSC you are likely to have an interview. All you can do is be honest about it if asked. The Guy at logan is employed by CBP and know little or nothing about USCIS or who is allowed to work and who is not. But that is in the past for what is done is done. The chances are that you will have no issues but just be prepared to tell the truth if asked at AOS interview or Removal of Conditions intervew if selected and then again at Citizenship interview if asked about it.<BR><BR>Good Luck<BR><BR><BR><BR> Edited November 6, 2008 by TayRivers

[LizC 0]

<br />

That is the problem with the temporary EAD.... it expires most times before the EAD is received. <br /><br />Can I ask you why he continued to work after his temporary work permit expired, without his EAD being approved?<br /><br />And I agree with the previous poster about not lying if asked about it. Truthfulness is always the best policy with USCIS.

<br /><br />He continued to work because it is a very good job, and because the company knew he was expecting his EAD card anytime. Honestly, he and I didn't think it was much of a problem. This largely had to do with a conversation we had with an immigration officer in the Logan airport. Due to confusion when entering in JFK, he had a delayed inspection in Boston, where we live. At that point the immigration officer was nice enough to give him the employment authorization stamp, even though Boston normally does not. We asked him what would happen if he got a job but received the EAD card after the authorization expired. The guy sort of shrugged and said well technically he should not work, but ... &quot;you know&quot;. He very much implied that it wasn't a big deal and was rather common.<br /><br />And so that is why I wondered if anyone would ever really know or care about the time out of status. The only time I could see him running into problems would be when we file our taxes, but actually the way that paperwork goes I doubt it will be an issue as well. So I suppose if the company is audited it will be an issue, as will it be if he is asked about it during the interview. We have had a very smooth and straight forward immigration process so I suspect he may not even need an interview (that is common, right?)<br /><br /><br /><br /><br />

<BR><BR><BR>Unless your case is transfered to CSC you are likely to have an interview. All you can do is be honest about it if asked. The Guy at logan is employed by CBP and know little or nothing about USCIS or who is allowed to work and who is not. But that is in the past for what is done is done. The chances are that you will have no issues but just be prepared to tell the truth if asked at AOS interview or Removal of Conditions intervew if selected and then again at Citizenship interview if asked about it.<BR><BR>Good Luck<BR><BR><BR><BR>

Thanks - I guess we'll see what happens!

[TayRivers 4]

<br />

That is the problem with the temporary EAD.... it expires most times before the EAD is received. <br /><br />Can I ask you why he continued to work after his temporary work permit expired, without his EAD being approved?<br /><br />And I agree with the previous poster about not lying if asked about it. Truthfulness is always the best policy with USCIS.

<br /><br />He continued to work because it is a very good job, and because the company knew he was expecting his EAD card anytime. Honestly, he and I didn't think it was much of a problem. This largely had to do with a conversation we had with an immigration officer in the Logan airport. Due to confusion when entering in JFK, he had a delayed inspection in Boston, where we live. At that point the immigration officer was nice enough to give him the employment authorization stamp, even though Boston normally does not. We asked him what would happen if he got a job but received the EAD card after the authorization expired. The guy sort of shrugged and said well technically he should not work, but ... &quot;you know&quot;. He very much implied that it wasn't a big deal and was rather common.<br /><br />And so that is why I wondered if anyone would ever really know or care about the time out of status. The only time I could see him running into problems would be when we file our taxes, but actually the way that paperwork goes I doubt it will be an issue as well. So I suppose if the company is audited it will be an issue, as will it be if he is asked about it during the interview. We have had a very smooth and straight forward immigration process so I suspect he may not even need an interview (that is common, right?)<br /><br /><br /><br /><br />

<BR><BR><BR>Unless your case is transfered to CSC you are likely to have an interview. All you can do is be honest about it if asked. The Guy at logan is employed by CBP and know little or nothing about USCIS or who is allowed to work and who is not. But that is in the past for what is done is done. The chances are that you will have no issues but just be prepared to tell the truth if asked at AOS interview or Removal of Conditions intervew if selected and then again at Citizenship interview if asked about it.<BR><BR>Good Luck<BR><BR><BR><BR>

Thanks - I guess we'll see what happens!

Boston Office are good, We never had any problems with them. Where abouts in Boston are you?

[YuAndDan 153]

Form I-9, Employment Eligibility Verification, states:

"if employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of [sic] the document(s) within three business days and the actual document(s) within ninety (90) days."

----

The theory goes; those that have filed for the work permit should get it within 90 days; if not then they can get an infopass appointment and get the temporary permit.

Based on the I-9 allowing the employee to have up to 90 days to produce the permit, the employers can accept a receipt or proof of filing for the permit as assurance and allowance of giving you 90 days... and so, if the employer will agree, they can let you continue to work based on the receipt or proof of filing...

[TayRivers 4]

Form I-9, Employment Eligibility Verification, states:

"if employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of [sic] the document(s) within three business days and the actual document(s) within ninety (90) days."

----

The theory goes; those that have filed for the work permit should get it within 90 days; if not then they can get an infopass appointment and get the temporary permit.

Based on the I-9 allowing the employee to have up to 90 days to produce the permit, the employers can accept a receipt or proof of filing for the permit as assurance and allowance of giving you 90 days... and so, if the employer will agree, they can let you continue to work based on the receipt or proof of filing...

That is only applicable to people who may have lost or destroyed their EAD and not for initial applications. The application based on AOS is not a renewal application it is an initial application so just showing the receipt is not enough as the employee is not yet authorized to work.

[payxibka 10,045]

Form I-9, Employment Eligibility Verification, states:

"if employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of [sic] the document(s) within three business days and the actual document(s) within ninety (90) days."

----

The theory goes; those that have filed for the work permit should get it within 90 days; if not then they can get an infopass appointment and get the temporary permit.

Based on the I-9 allowing the employee to have up to 90 days to produce the permit, the employers can accept a receipt or proof of filing for the permit as assurance and allowance of giving you 90 days... and so, if the employer will agree, they can let you continue to work based on the receipt or proof of filing...

This does not apply for people who have a "gap" in authorization... It works for people who are authorized, but need time to provide the documentation