Working while AOS pending

[Br_US 0]

I was here on an F1, graduated..did my OPT that ended sept 06 ( EAD expired). I have started a company and recently GF and I got married and filed for AOS.

Should I stop working for my company until I receive the EAD??? What happens if I work for the company without the EAD card??? If anyone has worked under these conditions, what happened during the interview? Does it impact anything if I tell them I worked without the EAD?

[Yodrak 7]

Br_US,

As an adjustment applicant you're OK, unless perhaps ICE catches you.

As an employer you may be in trouble for employing yourself, be sure to stay under ICE's radar. (Or maybe the laws about employers being responsible to verify the employment authorization status of their employees only applies to employers that are larger than your company is.)

Yodrak

I was here on an F1, graduated..did my OPT that ended sept 06 ( EAD expired). I have started a company and recently GF and I got married and filed for AOS.

Should I stop working for my company until I receive the EAD??? What happens if I work for the company without the EAD card??? If anyone has worked under these conditions, what happened during the interview? Does it impact anything if I tell them I worked without the EAD?

[Br_US 0]

Br_US,

As an adjustment applicant you're OK, unless perhaps ICE catches you.

As an employer you may be in trouble for employing yourself, be sure to stay under ICE's radar. (Or maybe the laws about employers being responsible to verify the employment authorization status of their employees only applies to employers that are larger than your company is.)

Yodrak

I was here on an F1, graduated..did my OPT that ended sept 06 ( EAD expired). I have started a company and recently GF and I got married and filed for AOS.

Should I stop working for my company until I receive the EAD??? What happens if I work for the company without the EAD card??? If anyone has worked under these conditions, what happened during the interview? Does it impact anything if I tell them I worked without the EAD?

What's ICE??? I don't have to employ myself..I actually hire freelancers to do the work...all I do is distribute the work....But by hiring freelancers and getting the clients ..does that mean that I am legally working for my company????

[Yodrak 7]

Br_US,

ICE is Immigration and Customs Enforcement, a section of DHS that along with USCIS and parts of CBP used to be part of the old INS.

I don't know if you're legally working for your company or not, I would guess not. But again, your potential problem is not are you legally working, your potential problem is is your company legally employing you.

Yodrak

Br_US,

As an adjustment applicant you're OK, unless perhaps ICE catches you.

As an employer you may be in trouble for employing yourself, be sure to stay under ICE's radar. (Or maybe the laws about employers being responsible to verify the employment authorization status of their employees only applies to employers that are larger than your company is.)

Yodrak

I was here on an F1, graduated..did my OPT that ended sept 06 ( EAD expired). I have started a company and recently GF and I got married and filed for AOS.

Should I stop working for my company until I receive the EAD??? What happens if I work for the company without the EAD card??? If anyone has worked under these conditions, what happened during the interview? Does it impact anything if I tell them I worked without the EAD?

What's ICE??? I don't have to employ myself..I actually hire freelancers to do the work...all I do is distribute the work....But by hiring freelancers and getting the clients ..does that mean that I am legally working for my company????

[John & Annie 0]

It depends upon how you compensate yourself.

Basically, employment while adjusting for family based reasons is not a reason to deny an application for adjustment.

I think what Yodrak is trying to convey is that there are requirements for hiring and the employer is responsible for knowing and enforcing them.

If you are living off of the profits and plan on declaring self employment tax at the end of the year, you will probably have no problems. If you are an "employee" and taxes are being taken out, you could run in to some enforcement issues.

Yodrak, correct me if I am wrong on this.