You CAN legally obtain a job prior to your EAD!!!

[mercy 1]

She worked at a mexican restaurant under the table where on the owner was a legal resident.

We now are sending out the AOS this week and her I-94 expires on DEC 26, after which she will continue to work and have her taxes taken out of her check as usual. If we are asked after DEC 26 about the expired I-94 (which I seriously doubt) we will do our best to stall so she can continue to work until Sears says, "Sorry you can't work here anymore until you have a current EAD."

Regardless of if her current job is legal or not, she has worked illegally and you are suggesting that she will continue to work even after she falls out of status and thus will be illegally employed again. If you feel so strongly that this is okay, will you be mentioning it at your AOS interview?

Edited December 21, 2006 by mercy

[Girona40 0]

She worked at a mexican restaurant under the table where on the owner was a legal resident.

We now are sending out the AOS this week and her I-94 expires on DEC 26, after which she will continue to work and have her taxes taken out of her check as usual. If we are asked after DEC 26 about the expired I-94 (which I seriously doubt) we will do our best to stall so she can continue to work until Sears says, "Sorry you can't work here anymore until you have a current EAD."

Regardless of if her current job is legal or not, she has worked illegally and you are suggesting that she will continue to work even after she falls out of status and thus will be illegally employed again. If you feel so strongly that this is okay, will you be mentioning it at your AOS interview?

I think you will find that one of the "standard" questions they ask at the AOS interview is "Have you worked without authorization?"

That said, there are several people here that have done so and have answered "yes" to the question, when asked at their AOS interview and the caseworker does not hold it against them at all. They have been approved and working illegally is simply ignored.

I guess it is all down to whether you want to "follow the rules" or not. If these things are "forgiven" because you are married to a USC, then I guess the USCIS don't expect people to follow the legal path.

It makes no sense and really it is down to the individual whether they want to take the chance or not.

[Yodrak 7]

PachucoBro,

And this: http://www.uscis.gov/files/nativedocuments/m-274.pdf

You are correct that your wife will suffer no adverse consequences with regard to immigration due to having worked for the restaurant and Sears, but the restaurant and Sears will be in trouble should ICE decide to investigate their employee records. (Sears HR should know better than to do what they are doing.)

Your wife could possibly get into trouble with the IRS if she does not report her 'under the table' earnings from the restaurant, and if she does get into trouble with the IRS then she could also be in trouble with regard to immigration.

Yodrak

Work Authorization

You may want to take a look at this.

[Yodrak 7]

PachucoBro,

The SSA links are meaningless - the SSA does not grant employment authorization nor do they establish employment authorization policy (USCIS does) or enforce the relevant employment law (ICE does).

You should read I-9 again, and the manual for employers that goes with it - an unexpired I-94 is not an acceptable document for establishing employment authorization for the purpose of I-9. Not unless it has been specifically annotated that the bearer is employment authorized. Has your wife's I-94 been so marked? If it has, then her I-94 is indeed an acceptable EAD for I-9 purposes. If it is not so marked, then it is not an acceptable EAD for employment purposes.

Yodrak

What you are missing here is the rather important detail about whether or not your wife was ALLOWED to work in the kind of jobs she took. She wasn't. She isn't. She is not employment authorized . You can spin it anyway you want - but she is NOT allowed to work in the jobs she worked. And those employers are the ones who would pay the price if she is caught. (Might want to take down the links to any personal information . . . we are not alone here)

My wife WAS ALLOWED to work based on the many SSA links I have posted above... She had a valid unexpired I-94 and an unexpired foriegn passport. That is all that is needed to prove eligibility to work in the US as shown on ANY I-9 form which shows approved documents for identification and employment eligibility.

.....

[rebeccajo 14]

4. That is NOT the LAW! It is your interpretation of the law. I'm not crying because my wife is working and loving it while you sit at home waiting. I sure hope I can help all those others you mention waiting with you because that is what this forum is about. Get up off your couch and TRY to make things happen.

Pachuco Bro, I believe what we have here is YOUR interpretation of the law.

Show us your Doctorate of Jurisprudence and then we can have a more informed discussion.

[Yodrak 7]

PachucoBro,

One example of where Sears has gone wrong. From USCIS publication M-274 Handbook for Employer's, Instructions for Completing Form I-9:

Q. Some people are presenting me with printouts from the Social Security Adminsitration with their name, Social Security Number, date of birth, and their parents' names. May I accept such printouts in place of a Social Security Card as evidence of employment eligibility?

A. No. Only a person's official Social Security Card is acceptable.

Yodrak

.....

After she knew her SS number we applied at Sears Grand (national compay with HR department etc.) and she was hired and was in training within 7 days. We got in good with the hiring supervisor who really thought my wife would do well in the position she was appling for.

All my wife used to get that job was a receipt from the SS Administration showing the actual SS number (not the actual card, that was still in the mail), her passport and her I-94 in her passport.

.....

[edsperfect 25]

Something about the words LEGAL and UNDER THE TABLE doesn't sound right here

No one ever said you could not get a job. You can not get one legally. I think this shows the mentality of someone that just dores not give a damn what is legal as long as it satifies that persons wants. Just great to have someone come here and decide to break the law. And people wonder why we have such a time consuming nit picking process for immigrations!

[TracyLuis 0]

Well, we're just gonna wait patiently. Besides, I like having my husband at home to clean the kitchen and cook me dinner!!

(Don't tell him I said that....)

[edsperfect 25]

Hmmmmm......sitting here looking at my husbands SS card and it says "Not without legal authorization from DHS!!! Oh......this thread is gonna get hairy!!!

Please tell me your husband is using his to work. What side of the fence do you fall on?Well let me help push incase you are on the wrong side...

The words written on his SS card means that if he has a K visa that is valid and not expired, he can work legally. If it is passed the expiration date on the I-94 then he must have an EAD to 'legally' work in the US.

There are only THREE types of SS cards issued by the SSA. SSA.gov - What types of Social Security cards does SSA issue?

1. Says nothing on it - allows you to work without restriction.

2. Says "NOT VALID FOR EMPLOYMENT" - You can not use this card or number to work with 'legally'.

3. Says "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" - is only issued after the SSA person at the counter verifies that your visa and I-94 permits you to work then they stamp this on your card and you can work until your I-94 expires.

I swear I will get banned from this forum before I start telling people to just sit and wait for an EAD months after the immigrating person entered the country while ILLEGALS continue to take jobs that should go to those who are able and willing to work.

NO, he's not ILLEGALLY working because we're currently waiting for his EAD.....THAT'S THE SIDE OF THE FENCE I FALL ON. I agree with the other posters that some employers do not ask to see a SS card. When I worked for a large hospital, there was a policy "no proof of SS card, no employment" even after the individual was hired, they were given so many days to show proof. Reason being, there were many illegal immigrants working at the hospital and that hospital was fined a big a$$ fine. Ok, so Sears didn't ask for a SS card from your wife. That could fall back on the human resources department there too. That's their problem and that company will be the one paying fines later. Maybe everything will be fine in your case or maybe their will be consequences with your AOS.

ETA: I'm just gonna shut my mouth!

Funny thing about Social Security cards. I have not had one for maybe 30 years after it wore out in my wallet.

[mercy 1]

She worked at a mexican restaurant under the table where on the owner was a legal resident.

We now are sending out the AOS this week and her I-94 expires on DEC 26, after which she will continue to work and have her taxes taken out of her check as usual. If we are asked after DEC 26 about the expired I-94 (which I seriously doubt) we will do our best to stall so she can continue to work until Sears says, "Sorry you can't work here anymore until you have a current EAD."

Regardless of if her current job is legal or not, she has worked illegally and you are suggesting that she will continue to work even after she falls out of status and thus will be illegally employed again. If you feel so strongly that this is okay, will you be mentioning it at your AOS interview?

I think you will find that one of the "standard" questions they ask at the AOS interview is "Have you worked without authorization?"

That said, there are several people here that have done so and have answered "yes" to the question, when asked at their AOS interview and the caseworker does not hold it against them at all. They have been approved and working illegally is simply ignored.

I guess it is all down to whether you want to "follow the rules" or not. If these things are "forgiven" because you are married to a USC, then I guess the USCIS don't expect people to follow the legal path.

It makes no sense and really it is down to the individual whether they want to take the chance or not.

Even if the OP and his wife suffer no ill consequences from this, I think it's grossly irresponsible to encourage others to act illegally, and to spread misinformation as truth.

[kitkat1 5]

Even if the OP and his wife suffer no ill consequences from this, I think it's grossly irresponsible to encourage others to act illegally, and to spread misinformation as truth.

Not only because it violates TOS of VJ, but also because if someone goes so far as to report the employer, there will be grave consequences for them and who knows what issues that may cause at the AOS???

[Dr_LHA 3]

Not only because it violates TOS of VJ, but also because if someone goes so far as to report the employer, there will be grave consequences for them and who knows what issues that may cause at the AOS???

It won't cause any issues at AOS. The law states that if married to a USC, USCIS cannot use illegal employment as a reason to deny AOS. Its as simple as that. Sears can get it trouble, the OP's wife can't.

Edited December 21, 2006 by dr_lha

[PachucoBro 3]

NO, he's not ILLEGALLY working because we're currently waiting for his EAD.....THAT'S THE SIDE OF THE FENCE I FALL ON.

That is wonderful...I looked at your timeline and you are PAST the point of depending on your I-94 and K-1 Visa. You are not the person I am trying to get my message to. The title of my post is obtaining a job LEGALLY PRIOR to an EAD. Because PRIOR to your EAD you have a passport, an I-94 with 90 days and a SS card/number. That is all you need to get a job for your first 90 days in the US.

I agree with the other posters that some employers do not ask to see a SS card. When I worked for a large hospital, there was a policy "no proof of SS card, no employment" even after the individual was hired, they were given so many days to show proof. Reason being, there were many illegal immigrants working at the hospital and that hospital was fined a big a$$ fine.

Ok? none of us here are dealing with Illegal immigrants as our fiance/ees are all legal immigrants going through the process. Though they may at some point be non-eligible to work in the US.

Ok, so Sears didn't ask for a SS card from your wife. That could fall back on the human resources department there too. That's their problem and that company will be the one paying fines later. Maybe everything will be fine in your case or maybe their will be consequences with your AOS.

OMG! I have posted already that my wife showed the d*mn SS card that is stamped with the DHS authorization wording on it. They made photo copies of it and all that. GEEZ! Read what I am saying for a moment and take your blinders off.

Just because you never got any first hand experience at obtaining employment prior to the expiration of your I-94 don't tell others that they can't do it.

[PachucoBro 3]

Yodrak, evidentally you are someone who everyone seems to listen to. Sorry I have not read many of your other posts.

I have read your responses and though your replies are giving me more information that contradicts what I have experienced I appreciate your responses because they actually show some thought towards my view or position.

Thanks.

[Dr_LHA 3]

PachucoBro: Your one experience does not make what your wife is doing "legal". If Sears allowed her to sign the I-9 with a SS card that said "Only valid with DHS Authorization" on it and didn't ask for the EAD card, they are breaking the law. Simple as that.

As I said before, your wife won't get in any trouble for it. That doesn't mean what she is doing is legal.