Working without DHS authorization

[kitteh 1]

OK, I've read the sticky at the top of the forum but I still have a question. My husband entered the US in May and we were married in June. We have yet to send the AOS forms to apply for legal residence and an EAD because we've gotten tied up trying to obtain my previous years' tax information and that of our co-sponsor.

The thing is, my husband has a job and has been working throughout August. He has a social security number and it has the "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" stamp on it but the employer didn't ask for DHS authorization. He hasn't yet received a check because he started work too closely to the first pay period in August. We're expecting to receive his first paycheck this friday for the hours worked in August. I'm wondering what the repercussions of this may be. We're planning to send in the AOS packet ASAP (still waiting on the tax transcripts to arrive from the IRS!) and when he applied for the job we didn't realize that we were basically breaking the law. But his employer accepted his SS card even with the stamp on it, which I realized after the fact. A friend of mine at work who entered the US on a k-1 visa told me that he started to work at another job after sending in his paperwork but before receiving his DHS authorization and that his lawyer told him that since he was just waiting to receive the paperwork he would be fine and wouldn't cause himself any problems by working, but we haven't even sent in the paperwork yet! I don't know what we can do except to send the AOS packet as soon as we can and hope that we don't get in any trouble, but we really don't want my husband to quit his job either.

Any info or experience that any of you may have would be greatly appreciated.

[Usui Takumi 1,562]

Its illegal. Now that you know its best if he asks to be put on unpaid leave until the EAD arrives. That being said your lawyer is the one your paying for advice so I guess technically its his rear on the line if you have his recommendations in writing.

Still if you want the peace of mind of being legal ask for the unpaid leave.

Edited August 25, 2009 by lancer1655

[familyguy 2]

I seem to recall that there was a ruling that unauthorised work BEFORE the AOS application was submitted is forgiven on adjustment, but unauthorised work AFTER the application is submitted can be very problematical. If I come across the case I will post the link or perhaps someone else has it in the meantime.

The safest and best option is not to do any unauthorized work then the problem does not present, but it is what it is now.