working without ead

[wondering 0]

My husband's temporary EAD that he got at JFK with the K-1 visa is about to expire. He is working right now, and I have a feeling his employers might let him continue working without the EAD. We have applied for AOS, but we are still facing about a 60 day wait until the 90 day wait time is up.

What kind of trouble can my husband get it if he continues to work 2 months or so without the EAD? We really, really need the money, but if it's going to jeopardize our paperwork, I'd like to know.

P.S.- they did make him fill out an I-9, and they have his SSN on file, so it's not an under the table job or anything.

[rob&ana 0]

Someone in this forum posted a few days ago, that if you have your NOA for the EAD you might be able to keep working. I'd make an infopass to confirm this in your area.

It'd be awesome if you're working with your temp EAD and could keep on working while waiting for the rest of the paperwork to come thru.

If I were you, I'd make an infopass, and ask the INS directly. Because frankly I dont know what the effect of this would be on your AOS.

Good luck!

[joone745 0]

Can a K1 visa holder get an temporary EAD at any POE or just JFK?

[MHandMB 0]

Can a K1 visa holder get an temporary EAD at any POE or just JFK?

I know there are some other ones that occasionally give them out, but you have to ask for them, and even then it's not all the time. JFK is the only one that does it with any regularity, I think.

As to the OP, I'm not sure what would happen. I remember Yodrak posting something one time about working on an expired EAD not causing trouble for the immigrant, but it could cause trouble for the employer. Maybe someone else can better direct you.

[diadromous mermaid 36]

My husband's temporary EAD that he got at JFK with the K-1 visa is about to expire. He is working right now, and I have a feeling his employers might let him continue working without the EAD. We have applied for AOS, but we are still facing about a 60 day wait until the 90 day wait time is up.

What kind of trouble can my husband get it if he continues to work 2 months or so without the EAD? We really, really need the money, but if it's going to jeopardize our paperwork, I'd like to know.

P.S.- they did make him fill out an I-9, and they have his SSN on file, so it's not an under the table job or anything.

You may want to do a site search on VJ with the terms I-9" and "verification" as this is the process that the employer should follow when employing an individual with any work authorised document with an expiry date on it.

[zixuandavid 0]

It's not clear if you filed for an EAD with your AOS... My comments to follow assume an EAD was filed for, ergo, you have a receipt of filing for it.

In accordance with 8 C.F.R. S 274a.2( B )(vi), the Form I-9 states:

"if employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of [sic] the document(s) within three business days and the actual document(s) within ninety (90) days."

-----

I've heard some people argue that some employers will not update their records very often, and therefore they shoulder the responsibility to ensure compliance. Maybe if I had a receipt in my hand, I would not worry about whether my company updated or not.

But if I knew they were not updating for a year, and I did not have any receipt for EAD, then I would be working when I am not authorized to work, and this could compromise my GC if it was discovered.

Edited July 13, 2006 by zixuandavid

[wondering 0]

It's not clear if you filed for an EAD with your AOS... My comments to follow assume an EAD was filed for, ergo, you have a receipt of filing for it.

In accordance with 8 C.F.R. S 274a.2( B )(vi), the Form I-9 states:

"if employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of [sic] the document(s) within three business days and the actual document(s) within ninety (90) days."

-----

I've heard some people argue that some employers will not update their records very often, and therefore they shoulder the responsibility to ensure compliance. Maybe if I had a receipt in my hand, I would not worry about whether my company updated or not.

But if I knew they were not updating for a year, and I did not have any receipt for EAD, then I would be working when I am not authorized to work, and this could compromise my GC if it was discovered.

My husband applied for his EAD with his AOS application in mid-June. Right now he has a temporary EAD that he got from JFK when he came in, but it expires in a couple of weeks. The employer filled out all of the paperwork, etc., but I'm not sure if he is going to my make my husband quit when his EAD expires. I was just wondering if that would have an impact on his AOS application if he continued to work there while waiting for his EAD. He has the NOA1 for the EAD application, but I'm sure we have another 60 days or so to go before the EAD is approved.

Thanks for the info on that other post, Rob and Ana. I hadn't seen that.

[no name 1]

Keep us posted, I'm really curious that this is OK, since everyone always says you have to quit your temp job when you file for AOS. Good luck!

[zixuandavid 0]

It's not clear if you filed for an EAD with your AOS... My comments to follow assume an EAD was filed for, ergo, you have a receipt of filing for it.

In accordance with 8 C.F.R. S 274a.2( B )(vi), the Form I-9 states:

"if employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of [sic] the document(s) within three business days and the actual document(s) within ninety (90) days."

-----

I've heard some people argue that some employers will not update their records very often, and therefore they shoulder the responsibility to ensure compliance. Maybe if I had a receipt in my hand, I would not worry about whether my company updated or not.

But if I knew they were not updating for a year, and I did not have any receipt for EAD, then I would be working when I am not authorized to work, and this could compromise my GC if it was discovered.

My husband applied for his EAD with his AOS application in mid-June. Right now he has a temporary EAD that he got from JFK when he came in, but it expires in a couple of weeks. The employer filled out all of the paperwork, etc., but I'm not sure if he is going to my make my husband quit when his EAD expires. I was just wondering if that would have an impact on his AOS application if he continued to work there while waiting for his EAD. He has the NOA1 for the EAD application, but I'm sure we have another 60 days or so to go before the EAD is approved.

Thanks for the info on that other post, Rob and Ana. I hadn't seen that.

The only impact is if he is working when "not work authorized" AND it is uncovered.. .but based on your comments, your "work authorized" due to having a receipt.

Here's how a worse case scenario should play out:

- Employer either updates his records or is forced to do so via an audit

- They see a Temp EAD expired and ask for "work authorization"; one has three days to produce the receipt for submitting an EAD;

- Upon seeing the receipt, the employer can give you 90 days to produce the EAD. This is consistent with the fact that if your filing takes longer than 90 days, you go to the local office to get a temp EAD.

Refer the employer to his very own guide, the I-9... they should know this like the back of their hand... If he doubts the I-9, then point them to the Code of Federal Regulation (CFR) previously mentioned...

[dmartmar 1]

Why would you take advantage of an expired EAD for the sake of your own benefits?

[dmartmar 1]

Why would you take advantage of an expired EAD for the sake of your own benefits?

Wouldn't that be against the law? Misrepresentation?

[maya62 7]

We came through JFK, got the EAD stamp, my husband worked for the first (not quite) 90 days, stopped until he got the 1 year EAD, then started up again with the same employer.

This employer is a business associate of mine who is very laid-back. He had their office manager collect all the appropriate info, but he also didn't seem too worried about anyone ever checking it. I think he would've been fine about working straight through, but I wasn't. Call me a worrier, but I wanted to avoid any problem with this at our AOS interview.

There seems to be a lot of variability in how immigration laws are interpretted, depending on whom you talk to. Having read quite a few AOS interview accounts (and a LOT of consular interview accounts), they seem similar despite the fact that CO's and AO's work for completely different agencies. And if you get an AO on a bad day, who knows what they'll focus on. I didn't want to give them a reason to question what we have done, or our integrity. Furthermore, if they ask either of us about my husband's work history, I want to be able to answer honestly that we tried to abide by all of the requirements every step of the way, including stopping work when we thought he wasn't supposed to. We have so much time, energy, money and our future tied up in succeeding with the AOS, it seemed like a no-brainer to me. But we were also very lucky in that my husband's boss was very accomodating.

Just my rambling thoughts....

Best wishes, whatever you decide to do!

Maya

[wondering 0]

Why would you take advantage of an expired EAD for the sake of your own benefits?

Wouldn't that be against the law? Misrepresentation?

Dmartmar, you are always so negative and critical of everyone else. If you'll read the statement, you'll see that I said that I wondered what kind of trouble we would get in if we continued. No misrepresentation of any kind to anyone. The employer has been informed of the expiring EAD, and was informed of such prior to even hiring my husband, but he may continue to let my husband work anyway. My husband is going to remind him again next week before the EAD expires. If the employer decides to continue letting my husband work, then that's his decision. My husband would be honest with any immigration officer if he were asked whether or not he worked. No misrepresentation on that end either.

I just wanted to know what kind of penalties we could face if my husband continued to work, or if it was kind of accepted and/or forgiven. If you have advice or some sort of constructive comment, that's awesome, but you always seem to want to criticise others for their decisions just because you've had a bad experience.

Thanks, zixuandavid, for the information. However, I am confused when reading that information if it means that you're allowed to work when you have a receipt for an application, or it means that you're allowed to work once you have the e-mail or verbal confirmation that the application has been approved, but don't yet have the card to show to your employer. We've applied and received the receipt (NOA1) for the application, but have not had biometrics done yet and have not been approved.

I saw in another post that someone else went and spoke with an immigration officer and received permission to continue working. That's good news and I am going to see if we can do the same thing.

[dmartmar 1]

All your husband has to say, if he gets caught, is "well, I told my employer my EAD was about to expire, but he let me work work anyway even AFTER it expired, so go after him, not me."

[Kez/JWolf 6]

The text everyone is quoting about just having to show a NOA1 if for renewals of EAD not for people waiting for inital applications... even people with a K1 EAD are not renewing it when they apply for AOS... they are 2 diffrent applications and are not linked....

Beware doing anything to cause you problems that could come back to bite you....

Kezzie