Working after temp. EAD expires

[lou_7979 0]

Good morning. A couple of weeks ago I wrote a question on the forum, asking if my fiancee, who received her 90-day temporary work permit at JFK, can continue to work after the temp. work permit expires and while she waits for her EAD. Most people said No, that she has to stop working until she receives her EAD. However, her employer has told her that she can continue to work if she wants to, that he has no problem with it as long as she applied for her EAD and is just waiting for it. So my question now would be, would it be "illegal" if she continues to work after her temp. work permit expired, even though her employer allows her to work? Can this cause any problems in the future, with her green card application or anything of that nature? Please inform, thanks.

[Kez/JWolf 6]

If you did not need a valid EAD to work then please tell me why 1000's of people apply for one every year???

as far as her employer saying its ok... well it is them that would be in major trouble if they were visited by ICE... as for your wife well they say that illegal work can be forgiven at AOS interview....

Only you can say if you and your wife are happy to continue knowing that she is not EA until the EAD is in your hand....

Kez

[lou_7979 0]

If you did not need a valid EAD to work then please tell me why 1000's of people apply for one every year???

as far as her employer saying its ok... well it is them that would be in major trouble if they were visited by ICE... as for your wife well they say that illegal work can be forgiven at AOS interview....

Only you can say if you and your wife are happy to continue knowing that she is not EA until the EAD is in your hand....

Kez

Of course I know that she needs a valid EAD to work, thats exactly why she applied for one in the first place. That wasnt the point of my question. I was simply wondering if she can continue to work while her EAD is in process, since her employer has no problem with it. If its not illegal or anything like that, great. If not, then she'll stop working until she gets her EAD.

[hanster 0]

Legally NO, she cannot work if her EAD expired, even if she has already filed for another one. it might be ok with the employer, but not with the government and he could be penalized.

[meauxna 15]

Good morning. A couple of weeks ago I wrote a question on the forum, asking if my fiancee, who received her 90-day temporary work permit at JFK, can continue to work after the temp. work permit expires and while she waits for her EAD. Most people said No, that she has to stop working until she receives her EAD. However, her employer has told her that she can continue to work if she wants to, that he has no problem with it as long as she applied for her EAD and is just waiting for it. So my question now would be, would it be "illegal" if she continues to work after her temp. work permit expired, even though her employer allows her to work? Can this cause any problems in the future, with her green card application or anything of that nature? Please inform, thanks.

If that is the word from her employer, that is fine--it is on them.

If your fiancee/wife works without authorization, or in a lapse of authorization, that is routinely dealt with at the interview, without negative outcomes.

[Yodrak 7]

lou_7979,

I believe that 245( c )(2) is the applicable section of the INA, but consult with an immigration attorney to be sure.

Yodrak

Good morning. A couple of weeks ago I wrote a question on the forum, asking if my fiancee, who received her 90-day temporary work permit at JFK, can continue to work after the temp. work permit expires and while she waits for her EAD. Most people said No, that she has to stop working until she receives her EAD. However, her employer has told her that she can continue to work if she wants to, that he has no problem with it as long as she applied for her EAD and is just waiting for it. So my question now would be, would it be "illegal" if she continues to work after her temp. work permit expired, even though her employer allows her to work? Can this cause any problems in the future, with her green card application or anything of that nature? Please inform, thanks.

If that is the word from her employer, that is fine--it is on them.

If your fiancee/wife works without authorization, or in a lapse of authorization, that is routinely dealt with at the interview, without negative outcomes.

[BrazilianXuxu 0]

Well people, I'm in the same situation,

I'm here on a K1 visa and i have and EAD stamp on my I-94 (so it means I'm work authorized) that expires on April 26th 2009

The question is, I'll be already working when my EAD runs out but I think is out of the question to Stop working just because you are waiting on an EAD card that you KNOW will arrive soon..The thing is that if the employer ask you for an updated EAD, just tell the employer that you already applyed for one and is on the way, Show the receipt (I-797) if the employer ask and also point that on the Form I-9 it says that you have a 90 day grace period to show the document, wich usually takes 3 months, so you have your back covered by the form, simple and easy to undertand.

Also on the I-9 form it says that is considered Discrimination if the employer refuses to hire you just because your EAD is about to run out. is a Crime!

But if your EAD is already expired and you have no job, then is different cause I don't think any employer would Hire you if your EAD is already expired, even after you show them the receipt but if you are currently working when you EAD expire, then you have the RIGHT to keep working.

K1 are employment authorized and when you applyfor AOS under K1, you still have K1 status, therefore, you can continue working while you wait for your EAD Card.

I have seen many cases of Illegal immigrants working in the US, get married an then get a green card with no problems, so do you think they will bother you ,that came on K1 visa, did the right thing,submited all the necessary paperwork and are waiting for the EAD card (in this case).the economy is alreayd tough and leaving a job right now is out of the questiion for me.

This is just my opnion, do what you feel is right..