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dayana_1313

Working prior to getting EAD

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Filed: K-1 Visa Country: Ecuador
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Thanks for your tips. I appreciate it!

Well, to be honest, she's babysitting for a few bucks...it's not like it's an actual ongoing position. Give me a break. If she were working as say, a secretary or a graphic designer or some other job that requires an interview, etc. my opinion would be different. Don't get me wrong, I'm not *for* illegal working, I'm just giving correct information as I see fit. Again, she's babysitting for a friend, not running a daycare.

Cheers :)

BTW, here's a good link on that and info quoted. I can't take credit for finding it, just for finding it in some old threads:

As for the document from uscis regarding overstay and unauthorized employment, here is the link to the document http://uscis.gov/graphics/howdoi/LPReligibility.htm and I quoted that particular section below:

QUOTE

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

* failed otherwise to maintain lawful status and with the proper immigration documentation, or

* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

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Filed: AOS (apr) Country: Canada
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Would you have her apply for an EAD to set up a lemonade stand, too? :lol:

Sorry to be so cheeky, it's just what I feel. I know you aren't going to change your mind and that's okay. But let's just get the law clear, which we have done.

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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I never said I wasn't going to apply for an EAD. Of course I am. I was just wondering in the meantime, what would be the ramifications if I worked as a babysitter, while I waited to get my EAD. Thats all...

How about, babysitting the kids as a "favor" for your friend now. (i.e. your being a good neighbor or whatever, and not taking a job). Friends help each other out all the time, that's not "employment." And then WHEN the EAD arrives in the mail, you can then accept money for babysitting in an amount to "make-up" for the few times you performed a "favor" in the past.

my blog: http://immigrationlawreformblog.blogspot.com/

"It is the soldier, who salutes the flag, who serves beneath the flag, and whose coffin is draped by the flag, who allows the protester to burn the flag."

-- Charles M. Province

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Filed: Country: Canada
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Would you have her apply for an EAD to set up a lemonade stand, too? :lol:

Sorry to be so cheeky, it's just what I feel. I know you aren't going to change your mind and that's okay. But let's just get the law clear, which we have done.

LOL, lemonade stand. If it nets an income, yes! Puhleeeese. I can deal with cheekiness and I can return it as well. You are spot on though, I won't change my mind. I've been on here a long time and everything I've read says you have to be work authorized to work. I don't see how else you can interpret that. There are posts on here all the time of people wanting to know how to circumvent being work authorized during the 90 days (more or less) before EAD is approved.

I never said I wasn't going to apply for an EAD. Of course I am. I was just wondering in the meantime, what would be the ramifications if I worked as a babysitter, while I waited to get my EAD. Thats all...

How about, babysitting the kids as a "favor" for your friend now. (i.e. your being a good neighbor or whatever, and not taking a job). Friends help each other out all the time, that's not "employment." And then WHEN the EAD arrives in the mail, you can then accept money for babysitting in an amount to "make-up" for the few times you performed a "favor" in the past.

Not a bad idea there. :)

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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Filed: AOS (apr) Country: Canada
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Would you have her apply for an EAD to set up a lemonade stand, too? :lol:

Sorry to be so cheeky, it's just what I feel. I know you aren't going to change your mind and that's okay. But let's just get the law clear, which we have done.

LOL, lemonade stand. If it nets an income, yes! Puhleeeese. I can deal with cheekiness and I can return it as well. You are spot on though, I won't change my mind. I've been on here a long time and everything I've read says you have to be work authorized to work. I don't see how else you can interpret that. There are posts on here all the time of people wanting to know how to circumvent being work authorized during the 90 days (more or less) before EAD is approved.

I never said I wasn't going to apply for an EAD. Of course I am. I was just wondering in the meantime, what would be the ramifications if I worked as a babysitter, while I waited to get my EAD. Thats all...

How about, babysitting the kids as a "favor" for your friend now. (i.e. your being a good neighbor or whatever, and not taking a job). Friends help each other out all the time, that's not "employment." And then WHEN the EAD arrives in the mail, you can then accept money for babysitting in an amount to "make-up" for the few times you performed a "favor" in the past.

Not a bad idea there. :)

You are too funny! I appreciate your view and admire your steadfastness to the letter of the law. Do I think it's a bit much? Oh, yes. But hey, that's your take and that's good and I totally respect it.

It is ILLEGAL to work prior to getting your EAD.

Working illegally does NOT prevent you from AOS and is effectively "forgiven."

Look at those two sentences. If you're willing to completely disregard the 2nd sentence, the 1st is all you need. I didn't make the rules, and I wouldn't have made that 2nd rule, I'm not sure why they did. I suppose there are certain situations in which people without EADs needed to work....I have no clue! I did see one mother of 3 young children crying at my local USCIS office because there was a mix-up with her EAD...maybe USCIS had something compassionate in mind....????

Anyway, best of luck to all of you lovely people. And hooray for cheekiness! :lol:

I think this topic is about to enter beating dead seabiscuit category. :whistle:

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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Filed: AOS (apr) Country: Canada
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BTW: How is BJZags' suggestion not circumventing the law!? LOL

She's getting $$$ just the same. It's just the when of it. It's sneaky, in other words! I think it's a fine approach, don't get me wrong. But if you're so concerned with people circumventing the system, I'm surprised you'd call that a good idea. Just a thought.

Mostly, I think it's coming down to being really #######. Ahem.

Edited by notrepetiteashley

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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It is ILLEGAL to work prior to getting your EAD.

Is it though? It's illegal to employ someone who isn't work authorised, yes. I'm still unconvinced of a the law as regards to the employee. The most I can find is that it invalidate a visa, but if you came on a K-1, that became invalid when you filed AOS anyway. Ever hear of anyone prosecuted for illegal work, rather than simply being an illegal alien?

Edited by dr_lha
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Filed: AOS (apr) Country: Scotland
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This is a conundrum.

I do think one of the things to keep in mind is that while this may be "forgiven" or it cant be held against you for AOS.

It may very well be an issue if you lose your LPR status, or during naturalization.

If you are willing to accept the ultimate potential consequences, go for it.

2005 Aug 27 Happily Married

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Filed: Country: Canada
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BTW: How is BJZags' suggestion not circumventing the law!? LOL

She's getting $$$ just the same. It's just the when of it. It's sneaky, in other words! I think it's a fine approach, don't get me wrong. But if you're so concerned with people circumventing the system, I'm surprised you'd call that a good idea. Just a thought.

Mostly, I think it's coming down to being really #######. Ahem.

If you care to continue bantering with me about this subject, please feel free to PM me anytime. I assure you, I can argue with a fence post if necessary. :)

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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Filed: AOS (apr) Country: Canada
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That's okay, LOL...Like I said, this is becoming a dead seabiscuit thread. ;-)

I'm not here to change anyone's mind anyway. I just don't think people should be misinformed and as you can see, it isn't as cut-and-dry as you think. Well, you can't see that, but some of the rest of us can.

Blah.

I'm bored with it.

Happy days to all (go rest up for the green beer day tomorrow, haha)! :luv:

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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Filed: Timeline

BJZags' suggestion is circumventing the law. The only difference between doing it with a business employer and doing it with a neighbor is how far 'under the radar' you're flying.

Same as taking money at the time the services are rendered. Delaying payment and calling it something else doesn't change anything.

Yodrak

BTW: How is BJZags' suggestion not circumventing the law!? LOL

She's getting $$$ just the same. It's just the when of it. It's sneaky, in other words! I think it's a fine approach, don't get me wrong. But if you're so concerned with people circumventing the system, I'm surprised you'd call that a good idea. Just a thought.

Mostly, I think it's coming down to being really #######. Ahem.

Edited by Yodrak
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Filed: Country: Canada
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The only point I thought was ok was doing it as a favour for her friend and not taking money for it. Maybe I should have been more specific.

Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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