Can I work on I-797c if my EAD expires?

[SteveInBostonI130 3,463]

Just now, Nasirlahore said:

If she keep all the money to herself  ,then it won't  be illegal  ,she is responsible  for his wellbeing, after all she filled  all the paperwork  for  him as a sponsor 

No.  By employing him she breaks the law.  Compensation is separate.  If the hiring terms are that he does the work and she keeps the money, then that part is of no consequence.  The part of employing an unauthorized individual is the illegal part.

 

The Affidavit of support is a contract between the government and sponsor, for the sponsor to reimburse the government if the beneficiary goes on public charge.  It has no bearing on this topic.

[Crazy Cat 41,898]

1 hour ago, Nasirlahore said:

I just wana know how this is fraud  when his wife just getting some help from her husband when everything  is on his wife's  name ?

Seriously?  

[Ontarkie 14,234]

~~Posts violating the TOS have been removed, along with derailing and quoted posts. - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

~~Thread moved to Working and Traveling, from AOS - as the topic is about working.~~

Edited October 8, 2021 by Ontarkie

[Parth Prajapati 2]

Well, sorry for the long discussion. I didn't expect this. All I wanted to know was how I can work while I wait for my marriage-based EAD to come, I found a solution. 

 

I can work for my friend's LLC in my own country and my employer agreed to wire transfer my paycheck to my friend's account until I receive my new EAD since they like my work and want me to do projects for them. 

[aaron2020 11,651]

3 minutes ago, Parth Prajapati said:

Well, sorry for the long discussion. I didn't expect this. All I wanted to know was how I can work while I wait for my marriage-based EAD to come, I found a solution. 

 

I can work for my friend's LLC in my own country and my employer agreed to wire transfer my paycheck to my friend's account until I receive my new EAD since they like my work and want me to do projects for them. 

Still illegal.  

You would be working without authorization in the US.  You would be working in the US without an EAD --> so still illegal.

The correct and legal answer has been given to you.  You can ask for your EAD to be expedited with a written job offer.  Pretty easy for your employer to do.  Why go through the STUPID way when adjusting status for a green card?  You've lived in the US long enough as a student to know that "creative" solutions are a quick way to screw yourself over.  

[Parth Prajapati 2]

I have submitted my current employment verification letter with my starting date, salary, position while applying for I-765. Will that help expedite the process? 

[aaron2020 11,651]

5 minutes ago, Parth Prajapati said:

I have submitted my current employment verification letter with my starting date, salary, position while applying for I-765. Will that help expedite the process? 

No.

 

You have to make a request to expedite.  You have to provide all your evidence with your expedite request.  

[HRQX 4,145]

10 hours ago, Parth Prajapati said:

it's like my wife opened up LLC for designing and she got a project for design and she doesn't know how to design so I am just helping her out from home voluntarily. 

Then ICE could penalize your wife with fines: https://gtm.com/household/form-i-9-audits/

Penalties for Hiring Unauthorized Workers and Form I-9 Mistakes

Hiring employees without complying with employment eligibility verification requirements is a violation of the law. If you fail to properly complete or retain Form I-9, you could be subject to civil money penalties.

A first-time offense for knowingly hiring and continuing to employ unauthorized workers will cost you at least $538 and up to $4,133. Subsequent violations can cost you as much as $21,563.

Something as simple as failing to confirm an employee dated their Form I-9, for example, can result in a penalty of up to $2,156.

5 hours ago, SteveInBostonI130 said:

knowingly engaging in illegal work after AOS application can lead to denial, though I am not 100 percent certain.

No, the I-485 cannot be denied for that in the case of IR of US citizen. INA 245(c)(2) and INA 245(c)(8) are very clear on that.

10 hours ago, Parth Prajapati said:

Here it says for c(9) Pending AOS have 180 day extension if I already have EAD from my student OPT  visa. 

Your current OPT EAD is not (c)(9) category. Look for "Category" on your current card:

Thus there is a mismatch and the I-765 Receipt notice you recently received does not extend your current EAD: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension "The Category on your current EAD matches the “Class Requested” listed on this Notice of Action."

Edited October 8, 2021 by HRQX

[SalishSea 17,842]

11 hours ago, Parth Prajapati said:

Ok, so I have to leave my job if my stem opt ead expires? 

 

Just your thoughts on this,

Employer suggested since they like my work and want me to keep working,

My wife can open up drafting service LLC on her name and my employer said they can give design projects to her LLC and I can do the work and design products for my wife from home and they can pay my wife's LLC every week for the service as they used to pay me for my job. 

 

Do you think, it's a good idea?

Really?  Do you really want to risk your status in the US by doing something shady?

[SalishSea 17,842]

1 hour ago, Parth Prajapati said:

Well, sorry for the long discussion. I didn't expect this. All I wanted to know was how I can work while I wait for my marriage-based EAD to come, I found a solution. 

 

I can work for my friend's LLC in my own country and my employer agreed to wire transfer my paycheck to my friend's account until I receive my new EAD since they like my work and want me to do projects for them. 

Another totally sketchy idea.  Without a current, valid EAD, you cannot work in the United States.  Full stop.  

 

If you want to live and work in the US, you need to follow the rules, just like everyone else.  This is exactly the type of stuff that perpetuates the scrutiny/fraud alerts for people from your country.  Just don't do it.

[SalishSea 17,842]

7 hours ago, Nasirlahore said:

I just wana know how this is fraud  when his wife just getting some help from her husband when everything  is on his wife's  name ?

Really???

[SalishSea 17,842]

7 hours ago, Nasirlahore said:

 ok ,i know your point,this way every wife who applied for aos ,should not do the cooking for her husband because  it would be illegal  to do the chefs job 🙄😀

Complete and utter nonsense.

[Rocio0010 5,579]

4 hours ago, Parth Prajapati said:

Well, sorry for the long discussion. I didn't expect this. All I wanted to know was how I can work while I wait for my marriage-based EAD to come, I found a solution. 

 

I can work for my friend's LLC in my own country and my employer agreed to wire transfer my paycheck to my friend's account until I receive my new EAD since they like my work and want me to do projects for them. 

If your employer likes you so much, imagine if you showed some honesty by explaining the situation and telling them that you want to wait until you’re fully authorized to work. That would show that you are an honest person.

What your employer is planning on doing is highly illegal and risky for both the company, your friend, and you. 
If they send the cheque to your friend and they go above the $600 Threshold, then your friend will receive a W2 for work he didn’t do, and if he does , he’ll have to file taxes in the U.S. Any whistleblower can report this to the IRS and then there would be a hefty fine. Then your name is going to come up in this messy situation as in “Oh, xxxx said he agreed to doing this!”.

 

Seriously, are you willing to jeopardize your life for a stupid job offer?

[Parth Prajapati 2]

Yes, You guys are right. I agree with you. I was confused with the EAD 180 day extension on I797c.

[Ban Hammer 13,352]

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