WORKING BEFORE GREEN CARD!!! HELP...

[ingjohanna 0]

HI EVERYBODY... I HAVE A QUESTION....CAN ANYONE CAN WORK WITHOUT AN EMPLOYMENT AUTHORIZATION...(MY COUSIN CAME WITH A K-1 VISA), NOW HE'S MARRIED AND HE WANTS TO WORK, BUT I'M NOT SURE IF HE CAN DO THAT, HE SAID THE PEOPLE HE'LL WORK FOR, THEY'RE NOT GOING TO DEDUCT TAXES FROM HIS PAYCHECK.....I'M A LITTLE CONFUSE ABOUT THIS SITUATION... CAN ANYONE HELP MY COUSIN...

* HE HAS A SSN AND HE ALREADY APPLIED FOR AOS & EAD*

THANKS FOR ANY INFO U CAN GIVE ME....

[faith42 0]

He cannot work until his EAD is approved. Once he receives the approval notice he is eligible to look for job.

[flipside 0]

He can work all he wants.. He can't legally work until the EAD arrives.

[ingjohanna 0]

thanks for replying... so he can work but he's not going be able to report taxes until he gets his EAD..i'm correct??... this is very confusing situation because i don't want my cousing to get in trouble ...

especially now that he started his AOS

[rejane 1]

He needs an EAD to be able to work...

[ceriserose 1]

If he's here on a K1 and has not received his EAD card or stamp, he is not legally allowed to work. If he's working, it's illegally.

Not withholding taxes has nothing to do it, per se, other than that it's also illegal business practice (USCIS and the IRS are two different entities). In essence, you cousin isn't getting his employment reported "anywhere", and the company isn't going to be owning up to his employment on their own taxes.

[tribeleaf 0]

Your cousin will get into serious trouble if he works without an employment authorization card. At his AOS interview they will ask him if he is/has been employed. If he did indeed work ( under the table and not having taxes taken out etc) working before having the EAD card would put a big huge dent in his AOS dreams.

There have been people who have did as little as volunteer and somehow it was found out and they had no proof that showed they were not being paid.

In Laymens terms. Can your cousin work? Yes I am sure he is physcially and mentally capable of holding down a job, however MAY he work??? NO NO NO until he gets the EAD card with his fingerprint and his face and smile the answer is NOPE!! Of course if he got his Green card that trumps out everything

[nila101 0]

thanks for replying... so he can work but he's not going be able to report taxes until he gets his EAD..i'm correct??... this is very confusing situation because i don't want my cousing to get in trouble ...

especially now that he started his AOS

if he works without his EAD he is working illegally and as such if found out this may jepordise his AOS process, which given the importance of same, is a huge risk to take

[faith42 0]

If he accepts employment before his EAD arrives he is technically breaking the law.

Besides, just because his prospective employers say they will not deduct taxes, it does not mean that at the end of the year they will not report to IRS the money they paid him. In that case your cousin will still be responsible for paying taxes, social security, and other required deductions.

[rebeccajo 14]

K-1 = EAD = LEGAL EMPLOYMENT.

Your huge font and colored print looks like screaming. Sorry.

[ingjohanna 0]

even if he works for a construction company, he said they don't ask him for anything. no ssn... but well, he's the one who makes his choice... i told him not to do it...but well.....[/b]

[Autumnal 25]

To work, he should probably have his SSN and EAD. I don't know that the K-1 allows you to work beyond its 90 day expiry date, so you'll probably need to talk to one of the other people here that's been a K1 and worked.

[ceriserose 1]

even if he works for a construction company, he said they don't ask him for anything. no ssn... but well, he's the one who makes his choice... i told him not to do it...but well.....[/b]

I'm not sure why you'd think a construction company would have different rules. Illegally employing someone who isn't eligible to work in the US is illegally employing somone who isn't eligible to work in the US. There's not really too much of a grey area when it comes to K1s and EAD, which is what most people here are telling you. The construction company is legally required to have him fill out an I-9 which asks for all sorts of identification numbers (SSN, A#). If they don't and they're caught, they're fined. If you wanted to play cop, you could always anonymously drop a tip to the authorities on the company. (That's up to you and how strongly you feel about it.)

As for your cousin, however, you have it completely right on one thing...it's his choice and other than giving him the warning, there's really nothing you can do to *make* him "do the right thing". If he does it and knows it's illegal, well, he's an adult and will get to live with the consequences. He may not be caught, he may be...personally to me the AOS adjustment going smoothly and getting to stay here indefinitely was more important than risking it for a few dollars. But that's my take on it and not everyone views the world as I do.

Oh and if he is caught, if I were you, I'd definitely say "I told you so."

[j&js 0]

If he has already applied for AOS and EAD he could go out and look for a job and even accept it, but to keep it legal he needs to wait until he gets the EAD approved to actually begin any paid employment. So if he has a company willing to hire him and bend some rules anyways, maybe he could ask them instead to let him start work the day he gets the EAD. That way he is lined up with a job and set to go as soon as he gets the green light from USCIS.

Edited April 8, 2006 by j&js