Offered a job but don't have visa/ead yet!

[Bobby+Umit 161]

The legislation states that unauthorized work is forgiven when a person adjusts status based on their marriage to a USC. This really irks me about "unpredicatable", "deportations" etc.

No immigration judge would uphold a deportation based on just that one thing and a person in that situation is not to be denied AOS for that either.

Someone show me some case law where this has happened to someone.

What happens is that when you AOS they look at the whole picture. Negatives and positives.

If the negatives outweigh the positives, they will not grant you AOS.

Most, if not all the lawyer sites I have visited about AOS state this.

This is the blurb I snagged off one of them:

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

It may be that many people squeek by and don't get tagged, but would you want to be the one that gets denied? I rather forgo not having any negatives against me when my case is being decided by one person down the line.

Working without permission is a negative. If it's the only one, your probably right in thinking it will be forgiven - but each person will have to make that call for themselves if they want to tangle with devil

[BermyCat 1]

The legislation states that unauthorized work is forgiven when a person adjusts status based on their marriage to a USC. This really irks me about "unpredicatable", "deportations" etc.

No immigration judge would uphold a deportation based on just that one thing and a person in that situation is not to be denied AOS for that either.

Someone show me some case law where this has happened to someone.

This is so confusing. The instructions for form I-485 specially say that you are not eligible to adjust status if you have worked illegally prior to applying.

~ Catherine

[donandjacky 0]

Just throwing this out there - have you looked at the DCF method at all? Getting married first and then having your spouse file I-130 (Petition for Alien Relative) to get a CR-1 visa. As far as I know Australia does not have any residency requirements for the USC - Same a Switzerland where I did DCF. It only took 1 month for me to get my CR-1 visa and upon entry to the U.S. I got immediate work authorization.

Take care,

~Jacqueline

[ErinMeetsJohny 0]

Someone will hopefully correct me here, as I'm not 100% sure of things, but I have read that POE through JFK airport will give you temp. EAD on your visa. If you're coming from Australia, you might consider that if it's possible. Apparently you ask customs or something like that. Not all of them do that, mind you. I've read that in on other forms too, to ask at POE.

Going through JFK does not equal automatic EAD, actually they told my husband when he arrived back to the US on the K-1 visa that he will have to wait until he is married until he can work...they said that they dont give out EAD's. So you cannot count on your flight coming in there on you working.

Someone will hopefully correct me here, as I'm not 100% sure of things, but I have read that POE through JFK airport will give you temp. EAD on your visa. If you're coming from Australia, you might consider that if it's possible. Apparently you ask customs or something like that. Not all of them do that, mind you. I've read that in on other forms too, to ask at POE.

Going through JFK does not equal automatic EAD, actually they told my husband when he arrived back to the US on the K-1 visa that he will have to wait until he is married until he can work...they said that they dont give out EAD's. So you cannot count on your flight coming in there on you working.

[mingus_drake 0]

i've spoken to someone in the local congesswoman's office and they can offer me a letter of support to expedite my ead

on another note, in emailing back and forth with the potential employer he said the following which i must confess has me totally confused:

"I would have thought your husband being from the US would have told you that in the US employers don't pay the employee for the first year of service and if they are from other countries it is usually two years. We will have to make an exception in your case."

can anyone shed any light?

[TimandJoyce 1]

i've spoken to someone in the local congesswoman's office and they can offer me a letter of support to expedite my ead

on another note, in emailing back and forth with the potential employer he said the following which i must confess has me totally confused:

"I would have thought your husband being from the US would have told you that in the US employers don't pay the employee for the first year of service and if they are from other countries it is usually two years. We will have to make an exception in your case."

can anyone shed any light?

:blink: :blink: What's the point in working then??? yeesh!!

[mingus_drake 0]

i've spoken to someone in the local congesswoman's office and they can offer me a letter of support to expedite my ead

on another note, in emailing back and forth with the potential employer he said the following which i must confess has me totally confused:

"I would have thought your husband being from the US would have told you that in the US employers don't pay the employee for the first year of service and if they are from other countries it is usually two years. We will have to make an exception in your case."

can anyone shed any light?

:blink: :blink: What's the point in working then??? yeesh!!

yeah exactly. i think there must have been a breakdown in communication - none of the americans i've asked about this had any clue what it meant!

[JERIII 8]

i've spoken to someone in the local congesswoman's office and they can offer me a letter of support to expedite my ead

on another note, in emailing back and forth with the potential employer he said the following which i must confess has me totally confused:

"I would have thought your husband being from the US would have told you that in the US employers don't pay the employee for the first year of service and if they are from other countries it is usually two years. We will have to make an exception in your case."

can anyone shed any light?

:blink: :blink: What's the point in working then??? yeesh!!

yeah exactly. i think there must have been a breakdown in communication - none of the americans i've asked about this had any clue what it meant!

It's a joke.

[mingus_drake 0]

oh man, i never even THOUGHT that he could be kidding and neither did anyone else! oops!

[TimandJoyce 1]

i've spoken to someone in the local congesswoman's office and they can offer me a letter of support to expedite my ead

on another note, in emailing back and forth with the potential employer he said the following which i must confess has me totally confused:

"I would have thought your husband being from the US would have told you that in the US employers don't pay the employee for the first year of service and if they are from other countries it is usually two years. We will have to make an exception in your case."

can anyone shed any light?

:blink: :blink: What's the point in working then??? yeesh!!

yeah exactly. i think there must have been a breakdown in communication - none of the americans i've asked about this had any clue what it meant!

Definitely break down in communication. When you get hired for a job, you get paid!! I'm pretty sure that would be world wide...

[Killer_Clown_2009 0]

The legislation states that unauthorized work is forgiven when a person adjusts status based on their marriage to a USC. This really irks me about "unpredicatable", "deportations" etc.

No immigration judge would uphold a deportation based on just that one thing and a person in that situation is not to be denied AOS for that either.

Someone show me some case law where this has happened to someone.

This is so confusing. The instructions for form I-485 specially say that you are not eligible to adjust status if you have worked illegally prior to applying.

~ Catherine

There are exceptions to that rule. I believe it must say that somewhere on the instructions and one of the exceptions is filing the AOS based on being married to a USC. I'm not encouraging anyone to work illegally just because it is forgiven. Of course, you should try to follow the rules, however there are people who have broken these immigration rules and those rule breakings are forgiven, under special legisaltion. I just don't think people should go around saying it can go either way. Of course your AOS application can be denied, but if you have a legitimate marriage and can prove it, then illegal work or an overstay should not have any impact. I was in the US from August 2005, until I filed for AOS in December 2006, a total of 16 months and I was not denied for overstaying the time I was allowed. I don't think it was a factor at all in the decision. Perhaps if my marriage looked shady or fake, then that would have tipped the balance over to them denying my application. USCIS doesn't use illegal work or overstay as a reason for denying this type of AOS (based on marriage), they would have to use a different reason.

Edited May 29, 2009 by jane2009

[BermyCat 1]

There are exceptions to that rule. I believe it must say that somewhere on the instructions and one of the exceptions is filing the AOS based on being married to a USC.

The instructions do list that exception for overstays but not for working illegally. I have seen CNN articles dealing with illegals busted at work sites eventually given greencards however. I've also seen articles where the person was deported despite no other negatives.

It all seems to come down to a judgement call by the person adjudicating each case. Given the inconsistencies, I think the best course of action is to always keep the negatives against you to the absolute minimum.

To the OP,

Maybe they meant they wouldn't pay into a retirement plan for the first year or two.

~ Catherine

[Killer_Clown_2009 0]

Working without authorization = out of status = overstay. Again though, I don't think anyone should work without authorization.

[stanleyk19 0]

thanks. i'll definitely have to educate myself on your tax system!

so, if i worked and got caught (i doubt i'd take the risk, but it's good to know) i won't necessarily be deported?

Again I would NOT take the risk. USCIS can be serious about this, it can go either way.

What do you mean it can go "either way". Working without authorization is forgiven when you are married to a USCIS and adjust your status. Someone can correct me, if I am wrong. When has it ever gone either way?

I'm pretty sure this is correct. if you read here: http://www.uscis.gov/files/form/i-485supainstr.pdf you'll see that it is breaking the law, but if married, you're basically annulled from this. also, please correct me if i'm wrong

[Usui Takumi 1,562]

I'm not sure if this will help you regarding the independent contractor route but there is a way around the whole EAD requirement for some fields. Where as you can't technically "work" the government can not stop you from buying and selling goods. IE. you buy say a tree for $1000 and broker it to someone else for $1500.

So how can this apply to certain fields? Well as far as I know as long as your work is sold as a product and not a service your in the clear. A good example of this is Graphic Design. If you sell your work as a product where you transfer the full the rights to them on completion and get paid in a lump sum then legally you didn't work for them but sold a product. Unfortunately, I only see this working in creative fields so if this is an accounting job you would be doing then it doesn't work as you'll be providing a service.

But I'd find it hard for USCIS to go after a painter who sell's his painting or a web designer who sells completed websites etc.

Basically the USCIS rules are very rigid and unadaptive. They have holes etc. and in my opinion were designed to only control your standard employment. I think with the right contract between you and your "buyer" you can dance circles around their laws.