Unemployement trouble!

[Andrei25 12]

Hello! I arrived in USA in September 2014, (k1 visa) I got married within 90 days. I applied for AOS after 6 months of my arrival, and here is the problem.

I started a job as Landscaper with a company that knew I don't have a Work Permit, they paid me by checks every week ( I paid taxes). I worked without any problem until the past December when he gave us "the pink slip" ( lack of work) document so I can apply for unemployment. Meanwhile I got my Work permit and Green card. I applied for Unemployment on 9th of January this year, they approved my file but I never got paid. I called them, and they told me the homeland security its involved and thats why they are helding my payments. Can my boss and I get into trouble because I didnt had the right to work? Or its something bad going to happen?

[NikLR 13,227]

You were not legally allowed to work. Yes you're likely in trouble. Get in touch with a lawyer.

[Boiler 45,525]

Illegal work will be forgiven as far as you are concerned, your Employer is another issue.

Did you fill in an I9? What did you say about your status?

[Andrei25 12]

I didnt filled an I9 , I forgot what I filled, it was something for taxes that my boss gave me, thats it.

[NikLR 13,227]

W4. It says how much tax he's supposed to withhold.

[Andrei25 12]

W4. It says how much tax he's supposed to withhold.

Yes!!! This is what I filled, thats it, nothing else.

[NikLR 13,227]

Your employer actually broke the law by NOT filing an I-9. It's required by law.

https://www.uscis.gov/i-9-central/complete-correct-form-i-9/who-needs-form-i-9

[NikLR 13,227]

http://www.alllaw.com/articles/nolo/us-immigration/unauthorized-employment-while-green-card-is-pending.html

https://www.uscis.gov/working-united-states/information-employers-employees/information-employers-and-employees

So the big question is, how long have you been working without the EAD?

[Boiler 45,525]

Does not matter the Employer is the one with issues.

[NikLR 13,227]

Does not matter the Employer is the one with issues.

According to my research it does. Over 180 days means trouble. kind of like an overstay. However, just like an overstay, it will most likely be forgiven due to the AOS. (my opinion on that last statement btw, not fact FYI... speculation.)

http://www.trackitt.com/usa-discussion-forums/i765/592059715/worked-on-expired-ead-what-are-the-consequences

Edited February 19, 2016 by NLR

[Boiler 45,525]

According to my research it does. Over 180 days means trouble. Just like an overstay. However, just like an overstay, it will most likely be forgiven due to the AOS.

Did you find a case where it wasn't?

[NikLR 13,227]

No I specifically googled working without employment authorization. I posted several links. I suggested talking to a lawyer which you and I aren't, and also agreed with YOU that likely it wasn't a big deal. EDITED my post to include that it was speculation on my part not concrete fact. And also refer to my signature. covers all the bases. Have fun!

Also don't care to google cases for other people. They have a computer. DIY.

[Boiler 45,525]

With the hundreds of thousands of people who have been in the same situation I thought you might know one.

[Umka36 781]

The burden is always on the employer to make sure they hire someone who is eligible, so if anything they would be the one in trouble.

http://smallbusiness.chron.com/penalties-hiring-illegal-workers-65282.html

http://www.legalmatch.com/law-library/article/penalties-for-employers-hiring-illegal-immigrants.html

In regards to unemployment benefit, I found the following:

"Unemployment Eligibility

• To collect unemployment benefits, you must meet certain criteria. Aside from having accrued enough quarters, you must be a U.S. citizen or a legal resident who is authorized to work in the United States. By sheer virtue of an illegal immigrant's work status in the United States, he is not entitled to any unemployment benefits, because he obtained his employment illegally.

http://www.ehow.com/info_8401418_unemployment-benefits-illegals.html

http://www.sikhcoalition.org/documents/pdf/eligibility-unemployment.pdf

http://www.ows.doleta.gov/dmstree/uipl/uipl86/uipl_0186.htm

Edited February 19, 2016 by Umka36

[newacct 688]

You should be able to get unemployment now if the employer paid unemployment taxes for your wages like with any employee. If they didn't pay the taxes then you may have a legal claim against them. If you were treated as a contractor instead of an employee, then maybe it's different.