Working while EAD is in process

[RocnKimcollabo 0]

Hello All-

My fiance entered the US 8/12/07. We got married 9/7/07. His temp I-94 EAD expires 11/10/07. I'm about to mail off the AOS with the EAD application. Being though his temp EAD is about to expire in a month's time, and from what I've seen displayed here, the new EAD may take over 45-90 days to process. Can my fiance work during this time? He is currently working, and may have a permanent job offer soon...as in tomorrow soon.

Please advise. Can he show that he has applied and the application is pending?

I know this may sound stupid, but I'm just trying to make sure.

Also, while AOS is being processed and his visa expires, does he show his employer that his AOS is pending?

Edited October 9, 2007 by RocnKimcollabo

[LaL 418]

Not a stupid question at all.

Technically, once your temp EAD expires, you are no longer work authorized. Over and above that, someone else can expound on.

His employer needs to know nothing about his status (as in going from K1 to AOS pending).

[Kez/JWolf 6]

Once his temp EAD expires he is no longer work authorized..... to comply with the I-9 forms he has to be able to show he is authorized to work.... showing the reciept for a EAD is not showing that you are work authorized it just shows that you have applied for EAD....

if he is offered a full time job it is up to the employer to check that he is authorized to work.... so if he is offered it before his temp EAD expires then he can accept it.... now should he then tell them his work authorization expires next month.... well thats up to him... if his employers dont ask and he does not say and he continues to work beyond the expiry date it is the employer who would be in trouble if ICE were to check up... as far as AOS any unauthorized work is forgiven at AOS interview if you are married to a USC....

So its up to you....

Kez

[YuAndDan 153]

Working without Employment Authorization puts the employer at risk if the employer gets audited.

[RocnKimcollabo 0]

Once his temp EAD expires he is no longer work authorized..... to comply with the I-9 forms he has to be able to show he is authorized to work.... showing the reciept for a EAD is not showing that you are work authorized it just shows that you have applied for EAD....

if he is offered a full time job it is up to the employer to check that he is authorized to work.... so if he is offered it before his temp EAD expires then he can accept it.... now should he then tell them his work authorization expires next month.... well thats up to him... if his employers dont ask and he does not say and he continues to work beyond the expiry date it is the employer who would be in trouble if ICE were to check up... as far as AOS any unauthorized work is forgiven at AOS interview if you are married to a USC....

So its up to you....

Kez

I've bolded what caught my eye. So, technically he cannot work without a new EAD, however if he does work with an expired EAD during the AOS interview they will forgive the unauthorized work, if fiance is married to a US citizen? My Is this what you are saying? Will the employer get in trouble? My husband is the foreign national and I'm the US citizen.

Another thing, I was reading the guide on EAD, if we file after AOS versus at the same time with AOS, it states we may be able to file via walk-in. If this is the case, how many of you have done this and in what local office. We live in Maryland and I'm trying to figure out what the "local office" is? Is it Vermont Servicing Center or is it in Baltimore.

Please help.

[Jennymc11 2]

Once his temp EAD expires he is no longer work authorized..... to comply with the I-9 forms he has to be able to show he is authorized to work.... showing the reciept for a EAD is not showing that you are work authorized it just shows that you have applied for EAD....

if he is offered a full time job it is up to the employer to check that he is authorized to work.... so if he is offered it before his temp EAD expires then he can accept it.... now should he then tell them his work authorization expires next month.... well thats up to him... if his employers dont ask and he does not say and he continues to work beyond the expiry date it is the employer who would be in trouble if ICE were to check up... as far as AOS any unauthorized work is forgiven at AOS interview if you are married to a USC....

So its up to you....

Kez

I've bolded what caught my eye. So, technically he cannot work without a new EAD, however if he does work with an expired EAD during the AOS interview they will forgive the unauthorized work, if fiance is married to a US citizen? My Is this what you are saying? Will the employer get in trouble? My husband is the foreign national and I'm the US citizen.

Another thing, I was reading the guide on EAD, if we file after AOS versus at the same time with AOS, it states we may be able to file via walk-in. If this is the case, how many of you have done this and in what local office. We live in Maryland and I'm trying to figure out what the "local office" is? Is it Vermont Servicing Center or is it in Baltimore.

Please help.

I would also like clarification on the bolded area above. I just got married last week and my husband today was saying "are we absolutely sure that I can't keep working" although his temp EAD from JFK expires on 10/29. He just can't get over the reason why they would let him work for 90 days then make him stop until the EAD comes through.

However, even if it is "forgiven" it would still make me really nervous if he was working on an expired temp EAD. Aren't there any consequences?

Thanks!

[chris4336 3]

It is my understand that the responsiblity is on the employer NOT the employee. There was a big thread about this awhile back. The only way the employee can get in trouble is if they fail to pay taxes on the money earned.

IMHO I think its very unlikely that anyone will care that a legal tax-paying immigrant is working during the 4 week period between employment authorizations.

Best of Luck,

Christina

Edited October 12, 2007 by chris4336

[Kez/JWolf 6]

Only thing I can think of that would cause you problems if you were working without authorization is if there is a visit from ICE and you were asked to produce your EAD..... but as it is against the TOS of VJ to encourage illegal activities I am not going to say anymore...

Kez

[athena_ny 1]

Once his temp EAD expires he is no longer work authorized..... to comply with the I-9 forms he has to be able to show he is authorized to work.... showing the reciept for a EAD is not showing that you are work authorized it just shows that you have applied for EAD....

if he is offered a full time job it is up to the employer to check that he is authorized to work.... so if he is offered it before his temp EAD expires then he can accept it.... now should he then tell them his work authorization expires next month.... well thats up to him... if his employers dont ask and he does not say and he continues to work beyond the expiry date it is the employer who would be in trouble if ICE were to check up... as far as AOS any unauthorized work is forgiven at AOS interview if you are married to a USC....

So its up to you....

Kez

I've bolded what caught my eye. So, technically he cannot work without a new EAD, however if he does work with an expired EAD during the AOS interview they will forgive the unauthorized work, if fiance is married to a US citizen? My Is this what you are saying? Will the employer get in trouble? My husband is the foreign national and I'm the US citizen.

Another thing, I was reading the guide on EAD, if we file after AOS versus at the same time with AOS, it states we may be able to file via walk-in. If this is the case, how many of you have done this and in what local office. We live in Maryland and I'm trying to figure out what the "local office" is? Is it Vermont Servicing Center or is it in Baltimore.

Please help.

I would also like clarification on the bolded area above. I just got married last week and my husband today was saying "are we absolutely sure that I can't keep working" although his temp EAD from JFK expires on 10/29. He just can't get over the reason why they would let him work for 90 days then make him stop until the EAD comes through.

However, even if it is "forgiven" it would still make me really nervous if he was working on an expired temp EAD. Aren't there any consequences?

Thanks!

No consequences. My husband was an overstay for 4.5 years and worked for 3 years without authorization (never even had an EAD) and it wasn't even brought up at our interview.

That being said, it's not like he liked looking over his shoulder all the time and I wouldn't advise it because while it's forgiven now, who knows if it will be in a few years at citizenship, etc? And it's against VJ TOS to encourage illegal activities so...not a good idea.