Working before EAD

[yanjeff]

Someone is telling my wife that she can LEGALLY work since she is K-1 , already married and has filed for her EAD.

She has a SSN, but it says right on the card NOT FOR EMPLOYMENT.

This person says they read about this on a forum.

[Randy W]

The SS card should say "Not valid for work without DHS authorization".

 

Some will say that the NOA1 is enough. Others will tell her to wait for the card.

 

Sometimes just the visa (as proof of eligibility for work authorization) is enough to get a job.

 

Thr employer must have on file an I-9 for each employee, to show their eligibility. She has 90 days to produce the documentation.

 

The EAD card is the first federally issued ID in her name that proves she is legally here.

 

Use discretion. Others have reported being treated poorly in semi-legal jobs.

Edited August 13, 2008 by Randy W (see edit history)

[Sebastian]

There are other parameters, that 'if true', when added to your wife's someone's statement, would make HER statement true.

 

1. if she's still in status as a K-1 (under 90 days in country).

2. has EAD stamp from JKF POE.

 

'This person' perhaps got info from 001 forum? Randy has stronger POV on this than me.

 

Jeff - there are very specific things that have to occur for her to work as a W-2 employee for an employer. She has to have either 1) GC or 2) EAD.

 

If she wants to set up a company, she not need EAD to do this.

[yanjeff]

The SS card should say "Not valid for work without DHS authorization".

 

Some will say that the NOA1 is enough. Others will tell her to wait for the card.

 

Sometimes just the visa (as proof of eligibility for work authorization) is enough to get a job.

 

Thr employer must have on file an I-9 for each employee, to show their eligibility. She has 90 days to produce the documentation.

 

The EAD card is the first federally issued ID in her name that proves she is legally here.

 

Use discretion. Others have reported being treated poorly in semi-legal jobs.

AH!

These are very good people. They will not treat her poorly.Or they will be subject to my wrath.

[dnoblett]

K-1 Can work with EAD, most employers will not hire a person unless they provide proof of work authorization, that is EAD stamp or card.

 

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

 

Note: do not attempt to apply for EAD before filing for adjustment of status. K-1 EAD is a temp 90 day EAD that will expire same time as I-94, and since EAD can take up to 90 days to get, you will end up with either a useless EAD, or USCIS will just reject the application in cases where they cant approve before the 90 days of the I-94, they will keep the $340 for the K-1 EAD. ALWAYS file for EAD with AOS or after filing for AOS, this EAD based on pending I-485 is included in the fee for the I-485.

[yanjeff]

K-1 Can work with EAD, most employers will not hire a person unless they provide proof of work authorization, that is EAD stamp or card.

 

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

 

Note: do not attempt to apply for EAD before filing for adjustment of status. K-1 EAD is a temp 90 day EAD that will expire same time as I-94, and since EAD can take up to 90 days to get, you will end up with either a useless EAD, or USCIS will just reject the application in cases where they cant approve before the 90 days of the I-94, they will keep the $340 for the K-1 EAD. ALWAYS file for EAD with AOS or after filing for AOS, this EAD based on pending I-485 is included in the fee for the I-485.

 

We are married. So she is not K1 any longer. I-94 is expired.

We filed AOS and EAD together.

Just waiting for EAD.

[Randy W]

I would say go for it if you're comfortable with the company that they're not going to do anything they'd get in trouble for.

[yuehan123]

And yet another example of that "infamous" someone. That someone is always right. At least according to our SO's and particularly when it disagrees with whatever we just told them.

 

Let's suppose, just suppose, that your wife, with no written DHS work authorization (EAD) is caught up in one of those TV news immigration raids? Like getting hit by lightning, right. Why worry about that? You'll probably get the EAD soon.

 

If she wants to work and somebody wants to pay her why not?

[Randy W]

Be careful who you work for, but our wives are all here legally (as far as we know)

[dnoblett]

Be careful who you work for, but our wives are all here legally (as far as we know)

Yep, it is the employer's responsibility to verify employment eligibility, not the employee's.

 

All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9. The list of acceptable documents has been amended in the 2007 version of the Form I-9 and can be found on page 4 of the forms.

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

[Sebastian]

I'm starting to get fed up with the experts that our wives are listening to. So far, my lao po takes my research as gospel, but I always give her my raw data and citeable references.

 

I think maybe it is time for you (and anyone else in this situation) to have your wife's 'source of info' sign an affadavit stating that if this person's info turns out to be incorrect, then a fine of 10,000 usd will be levied and additional fees applied, to equal the loss of income and the loss of investment monies naturally occuring due to this application of bad advice.

 

Legal documents are easy to produce, easy to put into affect, easy to file at your county courthouse. The 'threat' of signing such a thing might actually cause these 'subject matter experts' to disappear.

 

What are your thoughts (anyone...) ??

[yanjeff]

I'm starting to get fed up with the experts that our wives are listening to. So far, my lao po takes my research as gospel, but I always give her my raw data and citeable references.

 

I think maybe it is time for you (and anyone else in this situation) to have your wife's 'source of info' sign an affadavit stating that if this person's info turns out to be incorrect, then a fine of 10,000 usd will be levied and additional fees applied, to equal the loss of income and the loss of investment monies naturally occuring due to this application of bad advice.

 

Legal documents are easy to produce, easy to put into affect, easy to file at your county courthouse. The 'threat' of signing such a thing might actually cause these 'subject matter experts' to disappear.

 

What are your thoughts (anyone...) ??

I hear ya!

If "someone" tells her something, she will easily believe it.

BUT if I say. Well then I need to show proof and references of where I am getting this info.

 

I like the idea of the affidavit.