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

[Yodrak 7]

dr_lha,

That's correct. The government has effectively pushed the responsibility for enforcing the law onto the employer.

Yodrak

dr_lha,

Yes I agree that K1s are employment authorized for the period of their I-94, whether or not they have an employment authorization document to show the employer.

OK, so the issue is that although they are employment authorised, you don't have the correct documentation to show the employer to fulfill the requirement of the I-9. Hence if your employer is doing his job correctly, you shouldn't be able to get a job without the EAD. Correct?

[PachucoBro 3]

Ok...

So to recap my thoughts in a organized matter so people don't keep twisting my thoughts, ideas or what have you...

Yes my wife did work for cash under the table in the past (1 1/2 months = < $500) the biggest wrong about that is not paying taxes, but if she made less than $600 a year there is something about not having to file? or something... will need to read more, not sure.

In any of my posts have I said the working illegally is good or right? NO.

Have I encouraged others to do the same? NO.

I have only stated what I have done in my personal experience.

My wife now works LEGALLY for SEARS Grand where she DID show her I-94, Passport AND her SOCIAL SECURITY CARD.

The reasons for my rantings were for aliens entering the US on a K-1 visa and any other visa that has the ability to work available to them during the initial 90 days WITHOUT needing an EAD.

The biggest thing that I cannot prove that people still keep saying is how do you prove to the eomployer you are DHS authorized. You TALK TO THEM! You TRY! you say HEY! I want to work here. I have a passport, an I-94 form and a K-1 visa that allows me to work (as even Yodrak has confirmed for you guys since you couldn't believe me and all the links I provided). YOU KNOW YOU ARE IN THE RIGHT. Atleast for 90 days.

Let the employer decide if it is worth taking your word and the plethora of web pages that I printed off saying the K-1 visa is allowed to work with out any additional paperowrk.

I am not promoting 'getting over' on anyone or anything. Only saying get out there and try and ask questions and stop just taking things at face value. I have been getting slammed about all this stuff, but many other K-1 Visa people are working hard while, we the VJers a small percentage of visa holders in the US, don't work.

[rebeccajo 14]

I give up.

[KarenCee 3]

At least for 90 days

That's it...in a nutshell. After that, what will you do? File for the EAD? If you don't file, will you be honest and tell them at the AOS interview that yes, my wife has worked without an EAD? I seriously doubt that.

[kitkat1 5]

My wife now works LEGALLY for SEARS Grand where she DID show her I-94, Passport AND her SOCIAL SECURITY CARD.

Legally, for 5 more days. No one disputed that you can work for 90 days on a K1.

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."

Not many people here will support that idea of having her continue to work as this is illegal.

Perhaps if you had written your initial post differently, confirming the information you had found to be true about initial work, rather than explaining how you got around the system, responses would have been different.

I give up too.

[KarenCee 3]

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."

THIS is what the crux of the whole matter is. You claiming you will stall. That's the issue everyone has. SHEESH!

[PachucoBro 3]

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."

THIS is what the crux of the whole matter is. You claiming you will stall. That's the issue everyone has. SHEESH!

SHEESH!! Is my point... now after my spanish inquisition you guys say oh yeah with the 90 days sure... THAT IS ALL I EVER HAD A PROBLEM WITH... people saying you can't work during the 90 days without an EAD.

What I decide to is just that my decision, right or wrong. But know that since you guys keep quoting me... Show me where I EVER said other people should do as I do (in regards to anything that is against the rules)... or where I said I felt that doing the things I have or will do is the RIGHT thing to do...

Luckily I am not phased much by this GREAT discussion... I just wish more of you guys would spit out more logical information other than "It's ILLEGAL!...cuz it just is." or "Burn the witch!" LOL

Anyways... Good luck to everyone on their upcoming AOS interviews. I will be sending my paperwork off tomorrow morning. Would have been this afternoon, but I just couldn't get away from these discussions.

[sheraz 0]

Ok...

So to recap my thoughts in a organized matter so people don't keep twisting my thoughts, ideas or what have you...

Yes my wife did work for cash under the table in the past (1 1/2 months = < $500) the biggest wrong about that is not paying taxes, but if she made less than $600 a year there is something about not having to file? or something... will need to read more, not sure.

In any of my posts have I said the working illegally is good or right? NO.

Have I encouraged others to do the same? NO.

I have only stated what I have done in my personal experience.

My wife now works LEGALLY for SEARS Grand where she DID show her I-94, Passport AND her SOCIAL SECURITY CARD.

The reasons for my rantings were for aliens entering the US on a K-1 visa and any other visa that has the ability to work available to them during the initial 90 days WITHOUT needing an EAD.

The biggest thing that I cannot prove that people still keep saying is how do you prove to the eomployer you are DHS authorized. You TALK TO THEM! You TRY! you say HEY! I want to work here. I have a passport, an I-94 form and a K-1 visa that allows me to work (as even Yodrak has confirmed for you guys since you couldn't believe me and all the links I provided). YOU KNOW YOU ARE IN THE RIGHT. Atleast for 90 days.

Let the employer decide if it is worth taking your word and the plethora of web pages that I printed off saying the K-1 visa is allowed to work with out any additional paperowrk.

I am not promoting 'getting over' on anyone or anything. Only saying get out there and try and ask questions and stop just taking things at face value. I have been getting slammed about all this stuff, but many other K-1 Visa people are working hard while, we the VJers a small percentage of visa holders in the US, don't work.

I understand your point now which is simply that if you are on K1 you can work even on cash if you claim it later. And you can get SSN and then work easily even without EAD.

Your right its a tough sell to the employer.

I think your point came as a surprise to VJers but I think most have understood your point now.

[kitkat1 5]

Take a look at your original post.

It's not like you said "does everyone realize it IS legal to work during the first 90 days before you get your EAD in hand". Most people are aware that they can work for 90 days but that they then need to quit their job until they have the EAD to show their employer. For that reason, I assume, most choose to wait.

What people latched onto was:

She worked at a mexican restaurant under the table

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."

[PachucoBro 3]

I understand your point now which is simply that if you are on K1 you can work even on cash if you claim it later. And you can get SSN and then work easily even without EAD.

Your right its a tough sell to the employer.

I think your point came as a surprise to VJers but I think most have understood your point now.

A breath of fresh air...ahhhh. You could still say I am wrong, but knowing that you atleast understand my point of view is great. that is how things are resolved when people take tiem to understand the thought process of others and whether you agree or not you then discuss the various parts of each persons point of view.

And it really is not a big sell to the employer. If Illegals CAN get jobs illegally why do people think it would be so hard or difficult to sell an employer on hiring your fiancee when they HAVE all the proper documentation.

Thanks for your post Sheraz.

[PachucoBro 3]

Most people are aware that they can work for 90 days but that they then need to quit their job until they have the EAD to show their employer. For that reason, I assume, most choose to wait.

What people latched onto was:

She worked at a mexican restaurant under the table

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."

Yes I agree Kitkat. The frustrating part was just that... once people latched on to the illegal thing then everyone just immediately assumes everything I am doing is underhanded or not legal. My information that I originally wanted new comers to this part of the process to know is "YOU CAN WORK during the frist 90 days after you get a SS card, WITHOUT having to have a EAD to show."

Thanks for taking a second look at my posts.

[kitkat1 5]

If Illegals CAN get jobs illegally

Companies are not required to determine if the documentation is authentic. Illegals get jobs by providing fake SS cards and because employers accept them as real. This will change when all employers have access to a SSN verification system.

why do people think it would be so hard or difficult to sell an employer on hiring your fiancee when they HAVE all the proper documentation.

Because *most* employers understand the requirements and realize it would not be in their best interest to hire someone for only 90 days and then have to wait until they are employment authorized again.

Perhaps your wife got lucky with Sears but it certainly does not appear to be a common scenario since many people here on VJ have had to quit their jobs after 90 days and hope that the company is able to keep their position open until they legally allowed to work again.

[lizroxy24 0]

quote name='KarenCee' date='Dec 21 2006, 08:16 PM' post='630830']

At least for 90 days

That's it...in a nutshell. After that, what will you do? File for the EAD? If you don't file, will you be honest and tell them at the AOS interview that yes, my wife has worked without an EAD? I seriously doubt that.

I know I will probably open myself up for criticism here as well but I figure I should share what happened to us. My husband (then fiancé) came in on a k-1, and we specifically entered in JFK for the work authorization stamp. Knowing my husband as well as I do, I knew from the beginning that he would go nuts sitting at home feeling like he couldn't contribute without working. He got the EAD from JFK, got his Social Security number and soon got a job. As soon as we got married we filed the AOS and paid for the EAD but unfortunately it never came, (the paperwork for it was sitting at our local office when we had our AOS interview several months later). We hid nothing from his employer, and explained that we were in the process of adjusting status and hopefully soon he would have his green card. We also hid nothing from the individual at our AOS interview. We had copies of his pay stubs, and declared his income on the requested income forms. The worker never asked if he had been working but we had previously decided to be completely honest and take whatever consequences were required if he was asked. It was a risk and I won’t pretend that it was completely legal but neither will I be apologetic for trying to follow all the rules, and ending up working for a couple of months out of status due to processing delays. Nor will I judge and criticize others for what choices they decide to make during the immigration process.

Looking at the K-1 process as a whole, you can see when it was initially conceived it was meant to be a visa that someone could hold and be permitted to work throughout the process till being granted a green card. What throws a wrench in the system is processing time frames that don't make that possible. I think most of us going through this process at one point or another had something in their file that they held their breath about and said "man I hope they don't look to closely at that", be it income issues, health issues, past transgressions, or previous immigration filings. None of us are perfect let's try to be kind.

[Dr_LHA 3]

0

My wife now works LEGALLY for SEARS Grand where she DID show her I-94, Passport AND her SOCIAL SECURITY CARD.

The point is, unless the I-94 had the "Employment Authorised" stamp on it, Sears are breaking the law by employing your wife. Did your wife get the EAD stamp when she entered the country? If so there's no argument. If not, then a law is being broken, although perhaps not by your wife, but by Sears.

At the end of the 90 days, your wife is not allowed to work, therefore she is breaking the law as well as her employers.

Basically your foolproof method of getting employment is based off ignorance of HR people at Sears of the law and the requirements for the I-9. I've repeated pointed this out, and you've ignored it. Please stop posting here, because you're giving bad information to people who might be swayed into thinking what you're posting is true.

[Texas Bound 0]

PachucoBro, I appreciate you bringing some things to light. Im in Dallas & totally understand. Many ----my neighbors work to provide for their families & I know they are not even legal to be here. Im pretty sure of that. I just feel that if people want to work, Darn it let them work. Better than those who want something for free & we are paying for it. I wish you & your wife good luck. My fiancee will have a hard time sitting at home so I will encourage him to find something if it helps him. We dont need it, but will exercise our GIVEN RIGHT for 90 days, Legally. Be Blessed.