my husband has I-94 stamp

[debby1 0]

he has his I-94 stamp that says he can legally work, his SSN has a stamp that says "Valid For Work Only with DHS Authorization" He has an interview coming up with an employer that just wants to know that he's legal to work. I know this person will look at his I-94 and SSN and give him the job thinking he can work legally. So, my question is, do I tell this employer that these papers will expired Dec. 8th? That he will have to wait for the AOS and EAD to come through to continue to work there....or let this go as is and allow my husband to continue working while the AOS and EAD are being processed?

Any advice?

Thanks as always

[YuAndDan 153]

K-1 can work for the 90 days of the I-94 without the stamp.

Per form I-9 used by employers.

LIST A Documents that Establish Both Identity and Employment Eligibility

5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

http://www.uscis.gov/files/form/i-9.pdf

The employer needs to know that K-1 is work authorized for the 90 days of the I-94, after that EAD card or green-card is required to work.

[debby1 0]

I clicked on the link that was given in the reply, and it has an I-9 form....is this something that has to be filled out, if my husband gets a job? Because he already has the I-94, and this is the first I've seen this form. Im really confused now, and if the employer knows that his visa expires in 90 days, and hires my husband 3 weeks before the expiration, is there a penalty to keep him employed, or is that up to the employer? I dont' want to do anything illegal, but we live in Michigan, jobs are so hard to find, it would be devestating to our income if he gets a job then has to quit 3 weeks later. But again, I don't want to do anything to jeopordize his AOS..

Thanks again for any help given

[athena_ny 1]

I clicked on the link that was given in the reply, and it has an I-9 form....is this something that has to be filled out, if my husband gets a job? Because he already has the I-94, and this is the first I've seen this form. Im really confused now, and if the employer knows that his visa expires in 90 days, and hires my husband 3 weeks before the expiration, is there a penalty to keep him employed, or is that up to the employer? I dont' want to do anything illegal, but we live in Michigan, jobs are so hard to find, it would be devestating to our income if he gets a job then has to quit 3 weeks later. But again, I don't want to do anything to jeopordize his AOS..

Thanks again for any help given

You've never seen an I-9? Have you ever worked before? You're supposed to fill out one at any/all jobs you're hired for, unless it's a shady operation, then they probably didn't have any paperwork filled out...

The penalty would be up to the employer, if they want to risk getting in trouble for having him working illegally. Illegal work would be forgiven at AOS, but it's against TOS to recommend anything that is technically against the law, so no one here can do that.

[debby1 0]

thanks so much for help. Yes I've worked for over 23 years and I have never filled out an I-9. I've filled out job applications, but never an I-9.

thanks again

[payxibka 10,045]

I clicked on the link that was given in the reply, and it has an I-9 form....is this something that has to be filled out, if my husband gets a job? Because he already has the I-94, and this is the first I've seen this form. Im really confused now, and if the employer knows that his visa expires in 90 days, and hires my husband 3 weeks before the expiration, is there a penalty to keep him employed, or is that up to the employer? I dont' want to do anything illegal, but we live in Michigan, jobs are so hard to find, it would be devestating to our income if he gets a job then has to quit 3 weeks later. But again, I don't want to do anything to jeopordize his AOS..

Thanks again for any help given

Potentially he will have a gap in authorization from when the I-94 expires and receives his approved EAD (I-765). The employer is under no requirement to verify I-9 status other than at date of hire. As others have said, this situation is predominantly an employer issue.

[Nanusia & Lukaszek 0]

Potentially he will have a gap in authorization from when the I-94 expires and receives his approved EAD (I-765). The employer is under no requirement to verify I-9 status other than at date of hire. As others have said, this situation is predominantly an employer issue.

I don't believe its only the employers issue. You as an employee know your I-94 expires in 3 weeks and are NOT authorized to work past that date. So working past the date is working without authorization, hence illegal. Forgiven or not, it's not recommended to work without authorization.

Why would anyone apply for EAD if they could just get a job within the 90 days validity of the I-94 and just continue to work until they got the GC? The burden to hire is on the employer, the rest is on the employee.

[payxibka 10,045]

Potentially he will have a gap in authorization from when the I-94 expires and receives his approved EAD (I-765). The employer is under no requirement to verify I-9 status other than at date of hire. As others have said, this situation is predominantly an employer issue.

I don't believe its only the employers issue. You as an employee know your I-94 expires in 3 weeks and are NOT authorized to work past that date. So working past the date is working without authorization, hence illegal. Forgiven or not, it's not recommended to work without authorization.

Why would anyone apply for EAD if they could just get a job within the 90 days validity of the I-94 and just continue to work until they got the GC? The burden to hire is on the employer, the rest is on the employee.

I never said it was ONLY an employer issue....