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ttigiras

working before Green Card question

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Filed: K-1 Visa Country: Vietnam
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I hope this will be a dumb question, but my K-1 wife seems to think it isn't.

 

We have filed for the AOS including work permit in February. My wife wants to get a job as a Certified Nursing Assistant before getting the work visa. She has found two places that would hire her without the work visa. I'm of the opinion that working for them would harm her chances of getting her Green Card if found out. I'm of the opinion that if they found out (and I would think they would since she would be paid with her SSN and her earnings would be reported to the IRS), that it would create serious problems getting her Green Card. What is your opinion?

Thanks.

 

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Filed: K-1 Visa Country: Wales
Timeline

With a K1 she is not authorised to work until she obtains her EAD.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If she gets a job offer she can expedite the EAD but only after she has done biometrics.

A magical mystery tour of many US visas prior to AOS... (J-1, F-1, H-1B)

I-485/AOS:

Spoiler

EAD/AP - NOA received May 18, 2020

AOS - NOA received May 18, 2020

Biometrics (Code 2) - August 5, 2020

Biometrics take 2 (Code 3) - August 27, 2020

Ready to be Scheduled for Interview - September 8, 2020

EAD/AP Approval Notice - October  1, 2020

EAD Card Received - October 13, 2020

Interview Scheduled Notification - March 1, 2021

Interview Scheduled - April 6, 2021

GC Approved - May 7, 2021

GC Mailed - May 11, 2021

GC Delivered - May 11, 2021

 

N400 Citizenship:

File Date - January 8, 2024

Biometrics Waiver - January 8, 2024

Interview Scheduled - March 7, 2024

Interview Date - April 12, 2024

Conditionally Approved Pending I-751 Transfer - April 12, 2024

I-751 Case Was Transferred to Another Office - April 12, 2024

Case Approved - May 5, 2024

Oath Ceremony to be Scheduled - May 5, 2024

Oath Scheduled - May 18, 2024

Oath Ceremony - June 18, 2024

Oath Ceremony Cancelled - June 12, 2024

Oath Ceremony Rescheduled Date - July 30, 2024

DONE

 

Removal of Conditions:

File Date - January 7, 2023

Package Delivered - January 9, 2023

NOA Date - January 10, 2023

NOA Received - January 17, 2023 (dated "received" January 9, 2023)

48 Month Extension Received - March 20, 2023

Case Approved - May 3, 2024
 

event.png

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Filed: K-1 Visa Country: Wales
Timeline

Until she has her EAD in hand.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 minutes ago, ttigiras said:

I'm guessing that she couldn't work until her expedite request was approved?

Not until she has the physical EAD card in her hand to present to her employer(s). But if a place is willing to hire someone without the proper documentation, I'd be wary of becoming their employee.

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Filed: Citizen (apr) Country: Australia
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13 minutes ago, ttigiras said:

I'm guessing that she couldn't work until her expedite request was approved?

Right,   When the expedite request is approved and the EAD is issued.

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Filed: IR-1/CR-1 Visa Country: Ireland
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If your wife isn't willing to trust the statements of random people on the internet, maybe she'll trust a random site on the internet:

https://www.boundless.com/immigration-resources/working-in-the-united-states-while-waiting-for-your-green-card/

 

image.thumb.png.55944b7b738f46df9c23adee04eb3709.png

 

Or the official word:
https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employer-information/employment-authorization

image.thumb.png.141d742d57303568cc07c74e11135d1d.png

 

Until she has her greencard (proving her LPR status), she needs the EAD in order to work.

Edited by neca
found the USCIS site

👐

Patience......patience.

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Filed: K-1 Visa Country: Vietnam
Timeline
24 minutes ago, mushroomspore said:

Not until she has the physical EAD card in her hand to present to her employer(s). But if a place is willing to hire someone without the proper documentation, I'd be wary of becoming their employee.

my feelings exactly!

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