Question about working after AOS approval prior to arrival of Green Card

[one...two...tree 2,762]

Does anybody know if it would be okay to present to a perspective employer the welcome letter from USCIS which declares LPR status with the stipulation that once the Green Card arrives in the mail, the employer would update your records?

My wife had her AOS interview yesterday and was approved. She received her welcome letter via email this morning. She already has her social security card.

Could an employer effectively 'hire' her now and if needed, just waited until her Green Card before actually adding her on their payroll?

[Kez/JWolf 6]

I dont see any reason why an employer would not be able to employ your wife.... she has been approved for AOS... so she is employment authorized... The problem is that to complete the employment process she will need to fill in a I-9 form and show the employer the evidence asked for on the form... it would be up to the employer if they would wait for the actual greencard to arrive...

Kez

[john_and_marlene 162]

A Welcome letter is not listed as an acceptable document for the I-9

[one...two...tree 2,762]

A Welcome letter is not listed as an acceptable document for the I-9

Yes, I realize that. I'm wondering if an employer would be risking any legal consequences if they were to go ahead and let her work with an arrangement that they hold off any actual payroll until she can provide them with the Green Card?

I know it sounds hasty, but she was a practicing dentist in the Philippines and has already had several interested dental clinics here in possibly hiring her as a dental assistant. She was up front with them that she doesn't have her Green Card yet and we gambled about not applying for EAD. If a dental clinic wants her to start right away, and provided my wife would be okay with not getting paid until she provides them with acceptable documentation, do you think that it would be okay - no legal risk on her part or the employer?

[Empress of Groovy 373]

The card shouldn't be too far behind the welcome letter. Don't most people get the card within a week or two of the letter?

[athena_ny 1]

A Welcome letter is not listed as an acceptable document for the I-9

Yes, I realize that. I'm wondering if an employer would be risking any legal consequences if they were to go ahead and let her work with an arrangement that they hold off any actual payroll until she can provide them with the Green Card?

I know it sounds hasty, but she was a practicing dentist in the Philippines and has already had several interested dental clinics here in possibly hiring her as a dental assistant. She was up front with them that she doesn't have her Green Card yet and we gambled about not applying for EAD. If a dental clinic wants her to start right away, and provided my wife would be okay with not getting paid until she provides them with acceptable documentation, do you think that it would be okay - no legal risk on her part or the employer?

I don't see how there would be a legal risk. Sure, if they get audited in the 3 weeks it may take to get the green card they may get fined for not having proper documentation, but the likelihood of that happening is close to zero as witnessed by all the people who shouldn't be working that do. As far as holding off on the payroll, I don't know many employers that would be willing to do that due to the risk they are putting themselves at - and also you may be putting yourselves at risk that she may never get that back pay and not have much legal recourse - if she's not on the payroll its like she doesn't exist at most places.

I don't think she's at risk for actually working though - her approval date would be before her hire date, and therefore is work authorized but without proof. But if the employer accepts the welcome letter, I'd go for it, or if they won't, see if the job will be available when the GC arrives (which should only be a few weeks).

[one...two...tree 2,762]

Thank you everyone for your input.

[YuAndDan 153]

The employer is the one that assumes risk, USCIS "MAY" audit the I-9, but rarely do. So Yes I dont see much problem with taking a job with the understanding that the green-card will be provided when it arrives.

My Wife took a accepted a job when the I-94 was valid, and then was not employed until getting the actual green-card at which time she provided the card to the employer, so that the employer could complete the I-9 and then give her hours to work.

About the I-9

Where to File :

Do not file Form I-9 with U.S. Immigrations and Customs Enforcement (ICE) or USCIS. Form I-9 must be kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials (e.g., ICE, Department of Labor).

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

This is an employer responsibility, not the immigrant's responsibility that the I-9 is completed.

[Caladan 19]

A Welcome letter is not listed as an acceptable document for the I-9

Yes, I realize that. I'm wondering if an employer would be risking any legal consequences if they were to go ahead and let her work with an arrangement that they hold off any actual payroll until she can provide them with the Green Card?

I know it sounds hasty, but she was a practicing dentist in the Philippines and has already had several interested dental clinics here in possibly hiring her as a dental assistant. She was up front with them that she doesn't have her Green Card yet and we gambled about not applying for EAD. If a dental clinic wants her to start right away, and provided my wife would be okay with not getting paid until she provides them with acceptable documentation, do you think that it would be okay - no legal risk on her part or the employer?

I think the employer has a specified number of days (like 90 or something) to get the I-9's requirements taken care of. And there is something about them being able to accept provisional proof (like a letter saying 'your green card is on its way' or 'X has applied for a SSN') temporarily on the assumption that they update their records later. (This is basically so people can be employed while, say, waiting for their social security number to arrive.) There is a short grace period.

In any case, she IS legally permitted to work. Any penalty would fall on the employer, and that would only happen if they were audited in the time where she was working, didn't have proof of documentation, and couldn't prove that they had reason to expect the documentation before the grace period expired.

[John & Annie 0]

It is illegal for the employer to hold her wages, so that is not an option I would present.

If they are willing to take the risk, they need to take the full risk.

The employer can sign up for 'e-verify', the free service for employers from the DHS. This will eliminate any issues by allowing the employer to verify eligibility for your wife.

[archie07 0]

At our AOS interview, the interviewer took my wifes EAD card and stamped her passport with an I 551 stamp.. What was the purpose of that ?