Can I work before receiving my EAD?

[markonline1 11]

Right, so I came over on a K1, applied for my AOS and EAD and in the meantime got lucky and landed a job. I've explained my situation to them and they are happy to be patient. However, after emailing HR today just to update them, they are now telling me because my details are in the social security e verify system, I'm ok to start work. Going by the timelines on here, I'm expecting my EAD probably next week or maybe the early part of the week after.

So am I able to work before I have my EAD physically in my hand? I didn't think I could.

[lost_at_sea 995]

I think you'd be working illegally.

If it all anyone needed was their SSN, why would they bother with EAD?

Remember you're on a specific visa now that allows you certain things with specific terms if use, regardless of your ability to get a SSN. For K1 that's pretty much just tourist visa rights (and only 1 entry) + ability to marry in 90 days and legally adjust status inside the US border. No work rights.

Until your AOS is complete you're in a kind of limbo state of a pending immigrant. Your K1 provided you no work rights. Your EAD will (as will your AOS for your GC).

If the job wants you, they can wait a couple more weeks for your EAD to be in-hand.

Edited June 25, 2013 by lost_at_sea

[aaron2020 11,651]

You need the EAD to be authorized to work.

You need a deiver's license to drive. You cannot legally drive before you have it in your possession.

Similarly, you need an EAD to work. You cannot legally work before you have it in your possession.

[markonline1 11]

That's what I thought. Thanks.

[markonline1 11]

OK, we'll this info may or may not be helpful to others. Apparently, I don't need to wait for my EAD to come through. Having spoke to the USCIS, it's up to them what documents they take to fill out the required I-9 form. I assume as my EAD and green card applications are being processed its fine. I was careful to check I'd be breaking no laws, and as long as my employer is happy to proceed before my EAD comes through, which they are, then I'm ok. Not what I was expecting, but there we go.

[newacct 688]

Well, I mean, if your employer wants to hire someone who's not authorized to work, then it's their problem. Illegal work is forgiven anyway, when applying as the immediate relative of a U.S. citizen, so I believe that it doesn't matter for you.

[Harpa Timsah 13,258]

OK, we'll this info may or may not be helpful to others. Apparently, I don't need to wait for my EAD to come through. Having spoke to the USCIS, it's up to them what documents they take to fill out the required I-9 form. I assume as my EAD and green card applications are being processed its fine. I was careful to check I'd be breaking no laws, and as long as my employer is happy to proceed before my EAD comes through, which they are, then I'm ok. Not what I was expecting, but there we go.

That is not true. it is not "up to the workplace" it's actually up to the employee to show documents that fulfill the I-9. The workplace cannot dictate what documents to show. The number you call is called the "misinformation line" because they don't know what they are talking about. Your SSN says "ONLY VALID for work with authorization." You don't have that authorization yet.

You will be working illegally. You can do it, but it's illegal.

[aaron2020 11,651]

Google "I-9." The I-9 is required before a employer can hire an employee. I just happen to have a copy in front of me.

You do not meet the requirements for the employer to legally hire you.

Read the I-9 and see if you have the required documents to legally work. Right now, you do not meet those requirements.

Be careful getting misinformation from the USCIS helpline. Unfortunately, it seems they frequently give out the wrong information. The horrendous result is that USCIS will not care because it is your burden to verify all information - they simply are not responsible for theninfoation (misinformation) that they give.

Edited June 25, 2013 by aaron2020

[markonline1 11]

Really? I ended up ringing the USCIS helpline for employers. The only reason I ended up ringing those is because the HR dept of my prospective employers had gone through the I-9 had decided I could start work. This is pretty bloody ridiculous if I'm being told I can work by immigration services if I actually can't! The last thing I want to do is put my green card in jeopardy!

[markonline1 11]

Yep, I've just googled the I-9. It clearly says you have to have an EAD and asks you for an expiration date. And it says for falsifying the form I can be jailed LOL. I'm starting to think this company may no be as reputable as I hoped. And I'm certainly thinking that any official involved in this process doesn't know a thing. It's not the first time I've been given duff info only to find the correct info on here.