I94 questions....

[katej0203 1]

OK... so my I94 expired on January the 3rd (we were already married), and we are getting together our AOS papers and payment now...

- I got an EAD stamp on entry, and had two part time jobs. Although I have not been scheduled to work either job since the 3rd, my employers have not yet taken me out of their systems, and I am still listed as an employee. Am I at risk for this?? Do they run a check on your social security/IRS at any time during AOS? I am afraid that if they do, then they will not believe that I am not actually getting any hours at the jobs, and in their eyes the fact that I am still an employee there may mean that I am "working".

- I went to change my name to my married name, but was out of status, and they told me I could not do it. Is this true? So now I have to re-do all the papers and wait until i get my residency stamp/green card? They didnt seem to know what they were talking about, so I am not sure if this is really true or not... they told me to "go and get a new I94 and come back"! haha

Thanks for your help guys

[Kathryn41 3,205]

OK... so my I94 expired on January the 3rd (we were already married), and we are getting together our AOS papers and payment now...

- I got an EAD stamp on entry, and had two part time jobs. Although I have not been scheduled to work either job since the 3rd, my employers have not yet taken me out of their systems, and I am still listed as an employee. Am I at risk for this?? Do they run a check on your social security/IRS at any time during AOS? I am afraid that if they do, then they will not believe that I am not actually getting any hours at the jobs, and in their eyes the fact that I am still an employee there may mean that I am "working".

They don't need to take you off of their records - they just need to give you no hours and no pay until you have another EAD or your greencard. You can be listed as an employee - just not getting any hours until you are entitled to work. It would not be you at risk, btw, but the employer. No, they won't be running an IRS check on your SSN for the AOS and you will be fine. Regardless, while frowned upon, unauthorized employment is 'forgiven' when a marriage based AOS is approved. As long as you don't work you have nothing to worry about. Just explain to your employers that you are waiting for your new EAD to be approved and don't accept any work until then.

- I went to change my name to my married name, but was out of status, and they told me I could not do it. Is this true? So now I have to re-do all the papers and wait until i get my residency stamp/green card? They didnt seem to know what they were talking about, so I am not sure if this is really true or not... they told me to "go and get a new I94 and come back"! haha

You will have to wait now until you get your EAD. You can't get or change any information on a SSN within 2 weeks of the I-94 expiring, so they were telling you the truth. You are out of status right now and will be until you file the AOS. Once you file the AOS you will be back in status and your status will be "AOS applicant". You won't be able to get a new I-94 as K-1s are restricted to the 90 days only, however, you are eligible to file for AOS, EAD and AP all together. The EAD takes approximately 90 days to arrive after filing so you will have about a 3 month wait until you can update your SSN card and accept employment again.

Thanks for your help guys