EAD, pending i-485 and employment

[da95826 387]

16 hours ago, _Diver said:

silly question. let's say i-485 gets denied, which invalidates the EAD.

Yes

[OldUser 6,608]

On 2/6/2023 at 5:29 AM, _Diver said:

in my field (software engineering) nobody cares about immigration status. and as long as one has SSN, they are ok. how does it work then?

That is a weird blanket statement. I work in IT and employers DO care about employee's immigration status.

 

What status do you have right now? Can you maintain it? Does it give you right to work? If your I-485 is denied and you do not have valid status, you're in trouble. You're not adjusting based on marriage to US citizen, so overstay and unauthorized work would not be forgiven, even if another employer decides to sponsor you for GC after first failure.

[_Diver 2]

i moved to US on H1b in 1999 and except the original employer, once i got the GC i changed many employers and nobody cared for my status.

 

my wife is adjusting on marriage based grounds. she is about to receive the EAD.

[OldUser 6,608]

1 hour ago, _Diver said:

i moved to US on H1b in 1999 and except the original employer, once i got the GC i changed many employers and nobody cared for my status.

 

my wife is adjusting on marriage based grounds. she is about to receive the EAD.

Once you get a GC yes, nobody cares as long you can provide unrestricted SS card and up to date state ID / DL during I-9 stage and tell employer you're LPR.

 

But for somebody who is not LPR, how are they going to be employed without completing I-9 and showing valid visa and EAD? What status does your wife have in the US currently? If she cannot maintain the status when I-485 is denied, she can be put it removal or ICE can search for her.

Edited February 7, 2023 by OldUser

[_Diver 2]

does every employer do I-9 form? i think the answer to that would resolve my confusion. 

[OldUser 6,608]

18 minutes ago, _Diver said:

does every employer do I-9 form? i think the answer to that would resolve my confusion. 

"All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States"

 

https://www.uscis.gov/i-9

 

I'm sure some employers don't check it, but this is illegal.

 

 

 

[Boiler 45,445]

If you are in the Roofing, Catering business not so much 

[OldUser 6,608]

2 minutes ago, Boiler said:

If you are in the Roofing, Catering business not so much 

OP mentioned software engineering. I doubt many credible IT firms would hire somebody without EAD / work visa / GC / US citizenship.

Edited February 7, 2023 by OldUser

[_Diver 2]

we got the EAD card today. paperwork was received by USCIS on 12/19, so it took only 1.5 month. much faster then anticipated.

 

the case is closed on USCIS web site. so i assume we won't get any update on the timeline for SSN card?

[Boiler 45,445]

USCIS do not issue SSN

[_Diver 2]

looks like it should arrive within 7 days?

 

Please contact a Social Security office if you do not receive your SSN card within seven business
days after receiving your EAD or "Green Card". Please have this flyer and your EAD or "Green Card" as it may help us answer your questions.

[Boiler 45,445]

Impossible to know

[OldUser 6,608]

53 minutes ago, _Diver said:

looks like it should arrive within 7 days?

Worst case, your wife has to go to SSA in person and apply for SSN if it doesn't arrive soon. Were all the relevant boxes checked to obtain SSN?

[_Diver 2]