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beng_and_carl
i'm planning to work by march or april. however, by that time, i won't be having my work permit yet.

so, can i work in a company with just using my ssn? if yes, which companies here in LA offers that?

hoping for your response.

thanks a lot!

Kez/JWolf
You are not authorized to work unless you have an Employment Authorization Document (EAD) or a Greencard..... your SSN Card will have written on it “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” so any employer will know that you need to have a EAD to be able to work....

Starting work without a EAD would be working illegally....


Kez
jom
QUOTE(beng_and_carl @ Feb 27 2008, 03:35 AM) *
i'm planning to work by march or april. however, by that time, i won't be having my work permit yet.

so, can i work in a company with just using my ssn? if yes, which companies here in LA offers that?

hoping for your response.

thanks a lot!


Better wait for your EAD . You are endangering yourself of getting deported if you work without it. I believe your I-94 also states that you are not allowed to work without proper authorization. Better be safe than sorry. For now, enjoy your time with your man and of course, get married . Goodluck
David-Mae Forever
If you were given the temporary work permit on your POE, then you can use that. Otherwise, you will need to apply for EAD (that can take at least 60-90 days to be processed) before you can legally work.

--Mae
Sheriff Uling
QUOTE(jom @ Feb 27 2008, 05:50 AM) *
Better wait for your EAD . You are endangering yourself of getting deported if you work without it. I believe your I-94 also states that you are not allowed to work without proper authorization. Better be safe than sorry. For now, enjoy your time with your man and of course, get married . Goodluck

good.gif wink.gif cool.gif biggrin.gif
ilovecookies
do i need to say i agree with the other posts??? yup, wait for your EAD.
charisma1
what's the risk for that?

QUOTE(Kezzie @ Feb 27 2008, 12:21 PM) *
You are not authorized to work unless you have an Employment Authorization Document (EAD) or a Greencard..... your SSN Card will have written on it “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” so any employer will know that you need to have a EAD to be able to work....

Starting work without a EAD would be working illegally....


Kez

Sheriff Uling
QUOTE(charisma1 @ Mar 20 2008, 06:57 AM) *
QUOTE(Kezzie @ Feb 27 2008, 12:21 PM) *
You are not authorized to work unless you have an Employment Authorization Document (EAD) or a Greencard..... your SSN Card will have written on it “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” so any employer will know that you need to have a EAD to be able to work....

Starting work without a EAD would be working illegally....


Kez

what's the risk for that?

DEPORTATION! Kinda like being arrested then kicked out of the country. Actually, I suspect that the beneficiary's AOS request will be denied accompanied-by or followed-by a formal letter basically telling you to "Get Out" by a specific date. I do not know the deporation or AOS denial procedures, but it's definitely not a procedure the beneficiary want to experience.
eau_xplain
QUOTE(Sheriff Uling @ Mar 20 2008, 03:24 PM) *
QUOTE(charisma1 @ Mar 20 2008, 06:57 AM) *
QUOTE(Kezzie @ Feb 27 2008, 12:21 PM) *
You are not authorized to work unless you have an Employment Authorization Document (EAD) or a Greencard..... your SSN Card will have written on it "VALID FOR WORK ONLY WITH DHS AUTHORIZATION." so any employer will know that you need to have a EAD to be able to work....

Starting work without a EAD would be working illegally....


Kez

what's the risk for that?

DEPORTATION! Kinda like being arrested then kicked out of the country. Actually, I suspect that the beneficiary's AOS request will be denied accompanied-by or followed-by a formal letter basically telling you to "Get Out" by a specific date. I do not know the deporation or AOS denial procedures, but it's definitely not a procedure the beneficiary want to experience.



Actually this is blatantly untrue. If you are married to a USC and applying for AOS, any overstay and unauthorized work will not cause denial of your application. However, if your AOS is denied for any other reason and you have to leave the USA, both overstay and unauthorized work will count against you when you apply for another type of visa.
charisma1
That's what I thought... but still not worth the risk! but what if a company REALLY wants me and cannot wait for me 3 months? What ways around it? what about if it was UNPAID training? ;-)

And how can they find out anyway?



QUOTE(eau_xplain @ Mar 20 2008, 10:09 PM) *
QUOTE(Sheriff Uling @ Mar 20 2008, 03:24 PM) *
QUOTE(charisma1 @ Mar 20 2008, 06:57 AM) *
QUOTE(Kezzie @ Feb 27 2008, 12:21 PM) *
You are not authorized to work unless you have an Employment Authorization Document (EAD) or a Greencard..... your SSN Card will have written on it "VALID FOR WORK ONLY WITH DHS AUTHORIZATION." so any employer will know that you need to have a EAD to be able to work....

Starting work without a EAD would be working illegally....


Kez

what's the risk for that?

DEPORTATION! Kinda like being arrested then kicked out of the country. Actually, I suspect that the beneficiary's AOS request will be denied accompanied-by or followed-by a formal letter basically telling you to "Get Out" by a specific date. I do not know the deporation or AOS denial procedures, but it's definitely not a procedure the beneficiary want to experience.



Actually this is blatantly untrue. If you are married to a USC and applying for AOS, any overstay and unauthorized work will not cause denial of your application. However, if your AOS is denied for any other reason and you have to leave the USA, both overstay and unauthorized work will count against you when you apply for another type of visa.

skyblue06
How about if she's working without EAD and the employer didn't ask for it? and her AOS is pending? Is there a chance to get caught?
TinTin and Samby
Guys...It's ILLEGAL. What's the risk...huge. How will they find out...ummm...its called the IRS as well as all of the other forms that you will have to fill out in the future where you will have to LIE if asked if you ever worked in the USA without authroization.

If the employer can't or won't hold the job for you, then you will have to look for another job. Employment is not only about Employer Needs and Worker Capabilities. It's also about TIMING. Sometimes the timing isnt there...this happens all the time.

To the OP. If you found one good prospect, there are a hundred more out there where the timing will be right - especially in a city the size of LA. Good Luck to you! You will find a great position with a great company when the timing is ready to go and everything can be done "above board" and legally. Take care!

Warm Regards,
Samby
EvilGurl
Hi charisma1! Are you on Immigrant visa? I have noticed that your on CR1 route.
charisma1
yeah perhaps one year away ! crying.gif
That is why I was considering a K-3... but I do not like the idea to wait 3 months before working... And was checking what could be done to start a relationship with a company even before the visa comes, for example if I enter for 3 months before I think I will get the K-3 on a WVP and start training (unpaid!) for the company...



QUOTE(kittykat06 @ Mar 21 2008, 08:38 AM) *
Hi charisma1! Are you on Immigrant visa? I have noticed that your on CR1 route.

ray77755
So how soon after a fiance arrives in the US can she apply for her EAD?
David-Mae Forever
QUOTE(ray77755 @ Mar 21 2008, 07:37 AM) *
So how soon after a fiance arrives in the US can she apply for her EAD?


I'd say right after you got married. It's either you apply for EAD alone or apply AOS with EAD and AP since it's all included in current fee, which is $1010.

--Mae
eau_xplain
QUOTE(charisma1 @ Mar 20 2008, 08:11 PM) *
That's what I thought... but still not worth the risk! but what if a company REALLY wants me and cannot wait for me 3 months? What ways around it? what about if it was UNPAID training? ;-)

And how can they find out anyway?


Back in the days when the USCIS website had more information up front (and you don't have to spend hours doing a search) they defined the different categories of "work" that do not violate the "work with DHS authorization only" rule. Unfortunately, working unpaid, for a job that you will ultimately be paid for is considered work that will need DHS authorization.

Unlike what some people think USCIS and IRS do not communicate. However, the SSA has established a new system wherein they are supposed to submit to USCIS a report on SSNs that have the "work with DHS authorization only" restriction and have earned work credits. Under this new system, there is a greater possibility of USCIS finding out if you worked without authorization.

As I have mentioned before unauthorized work and overstay are usually "overlooked" by USCIS when they process AOS. Any penalties for unauthorized work will fall on the employer for hiring somebody who has not been granted authorization. A good employer would not want to jeopardize the company by hiring somebody without DHS authorization.
*Len*
Besides, employers need to verify eligibility for work using Homeland Security's form I-9, and that's a way of 'catching' these type of things. Don't risk it. Just my 2 cents.
TinTin and Samby
QUOTE(eau_xplain @ Mar 21 2008, 10:01 AM) *
QUOTE(charisma1 @ Mar 20 2008, 08:11 PM) *
That's what I thought... but still not worth the risk! but what if a company REALLY wants me and cannot wait for me 3 months? What ways around it? what about if it was UNPAID training? ;-)

And how can they find out anyway?


Unlike what some people think USCIS and IRS do not communicate. However, the SSA has established a new system wherein they are supposed to submit to USCIS a report on SSNs that have the "work with DHS authorization only" restriction and have earned work credits. Under this new system, there is a greater possibility of USCIS finding out if you worked without authorization.




Sure they do. Sometimes directly, more often times indirectly - via the petitioner and applicant. How many times in the visa issuance process does USCIS/DOS request (validated) documentation submitted to the IRS? Every time. If you work unathorized, the risk is huge that they will find out which at the least will require a waiver and at the most will get you a ban. Not worth the risk.

Warm Regards,
Samby
NoelandTintin
QUOTE(David-Mae Forever @ Feb 27 2008, 09:00 AM) *
If you were given the temporary work permit on your POE, then you can use that. Otherwise, you will need to apply for EAD (that can take at least 60-90 days to be processed) before you can legally work.

--Mae


I agree with most posters here. It's illegal. Don't do it.

But something caught my eye, a bit off topic, but I got curious.

Do they give temporary work permits to K1 holders at POE? I didnt think they do that. I thought those were given to mostly CR1/IR1 or K3 holders. Anyone have experience on this?
Sheriff Uling
QUOTE(NoelandTintin @ Mar 22 2008, 04:07 AM) *
I agree with most posters here. It's illegal. Don't do it.

But something caught my eye, a bit off topic, but I got curious.

Do they give temporary work permits to K1 holders at POE? I didnt think they do that. I thought those were given to mostly CR1/IR1 or K3 holders. Anyone have experience on this?

AGREED! It is illegal and I'm sure that most of the posters, who already out of harms way, would not have advised their own spouses to work. When it is, shall I write it again, ILLEGAL. Everyone knows that most of the government agencies do not have cross communications (that's nothing new). BUT, the point is, why risk a few weeks to a few months financial gain compared to the downside of getting caught working without proper authorization.

I shall write no more in this thread.

Cheers!!!

Sheriff Uling
eau_xplain
Agreed it is illegal.

But to post untruth is downright wrong also. I am not advocating for the OP or anyone to work illegally. But I cannot stand something that is untrue to be spread around as if it's the truth.

Go to the USCIS website and do a search on AOS + overstay and unauthorized work and read up on it. Go to the IRS website and you will see that they do not report to USCIS. All they care about is that you pay your taxes. Go to the SSA and you will see that it is they who will report to the USCIS.

OP, any company who will hire someone without caring whether you are authorized to work or not is just out to exploit you. They are companies that survive because they take advantage of people who are desperate to work even without USCIS authorization and even at or lower than minimum wages.

You have done everything else legally from the very start, why do something unauthorized at this point? Your unauthorized work might not affect your immigration process at this point but it might have an impact on your family members who are still in the Philippines. Think about it.
David-Mae Forever
QUOTE(NoelandTintin @ Mar 22 2008, 06:07 AM) *
QUOTE(David-Mae Forever @ Feb 27 2008, 09:00 AM) *
If you were given the temporary work permit on your POE, then you can use that. Otherwise, you will need to apply for EAD (that can take at least 60-90 days to be processed) before you can legally work.

--Mae


I agree with most posters here. It's illegal. Don't do it.

But something caught my eye, a bit off topic, but I got curious.

Do they give temporary work permits to K1 holders at POE? I didnt think they do that. I thought those were given to mostly CR1/IR1 or K3 holders. Anyone have experience on this?


They do, for your general information... But as far as I know, the only (or maybe one of the few) POE that grants temporary EAD is JFK.

--Mae
TinTin and Samby
QUOTE(eau_xplain @ Mar 22 2008, 05:55 AM) *
Agreed it is illegal.

But to post untruth is downright wrong also. I am not advocating for the OP or anyone to work illegally. But I cannot stand something that is untrue to be spread around as if it's the truth.

Go to the USCIS website and do a search on AOS + overstay and unauthorized work and read up on it. Go to the IRS website and you will see that they do not report to USCIS. All they care about is that you pay your taxes. Go to the SSA and you will see that it is they who will report to the USCIS.



Ummmm...Hello?? Was that directed at me?? If it was, then you need to rethink your micro-minded definition of "truth". I stand by my previous comments. The issue here in this thread is how the USCIS/DOS will "find out" about unauthorized work. Every single one of us has to provide IRS information to the USCIS and/or DOS during this process. Here's aother form of communication: the IRS is in receipt of communication when an unauthorized worker's employer submits Earned Wage info to them and then does not receive an ITR from the worker. The IRS will not provide a official transcript for that worker- something that the USCIS/DOS is well within their right to request. I can go on, but I think the point is clear.

Point: Stuff goes around: directly and indirectly. The old adage of not letting the right hand know what the left hand is doing is quite difficult in reality. Certainly, as many have said - including you, eau, NOT WORTH THE RISK.

Warm Regards,
Samby
David-Mae Forever
QUOTE(NoelandTintin @ Mar 22 2008, 06:07 AM) *
QUOTE(David-Mae Forever @ Feb 27 2008, 09:00 AM) *
If you were given the temporary work permit on your POE, then you can use that. Otherwise, you will need to apply for EAD (that can take at least 60-90 days to be processed) before you can legally work.

--Mae


I agree with most posters here. It's illegal. Don't do it.

But something caught my eye, a bit off topic, but I got curious.

Do they give temporary work permits to K1 holders at POE? I didnt think they do that. I thought those were given to mostly CR1/IR1 or K3 holders. Anyone have experience on this?


Just to correct you on that bolded and underlined one... CR-1 and IR-1 are IMMIGRANT visas or "GREEN-CARD" visas (like what you are applying for), so when they enter the USA ALL POEs will stamp their passports with the I-551 stamp, NOT the EAD stamp. The I-551 = Green-Card, so automatically conveys work authorization and it's not just a temporary permit...

And by the way, you might want to check this one to further satisfy your curiousity about K1 holders being granted with temporary EAD stamp at POE:

http://www.visajourney.com/forums/index.ph...p;#entry1685416

--Mae
charisma1
If a company does not pay a worker, they do not have to declare anything to anyone (I mean, no one gets to know this...)

If the worker agrees with a company to "train" for 2 months for FREE (while processing EAD), knowing both that eventually he will get a permit, then can "adjust" the salary with a sign-up bonus for the equivalent of -guess what- two months. This would be a risk for the worker but also a risk for the company..

This company needs you now, but you do not have the paperwork, do you resign to timing?

Can they petition USCIS to speed up your CR1 or K3 if they cannot apply for a H1B because it is too hard, time consuming or simply because they are all used up?

By the way, can they apply for a H1B on your behalf if you have a standing CR1 application? Would that mess up things for either of the two, or are they processed separately?

If one is going to get a K3 visa+EAD in -say- 7-8 months from now, but H1B visa next available are in 2009 though, you can see a case where a company and a worker might agree to pretend that the person has a work authorization once he gets a K-3 visa, especially because the risks for the worker and for the company are mainly administrative fines, since the AOS application is in process, and for sure if it gets approved there is not much of an issue... Although I do not have a law background, this is my impression after reading INA Act 274A...
Of course if they give a K-1 visa holder a temp. work permit when they get into the country at POE, they could do the same for K-3 holders!

Perhaps the company can hire you from your country, you can get into the US with a K-3, file your application for AOS and perhaps leave the US and work from your country until you get the EAD?

With this, I am not encouraging anyone to break the laws, I am simply considering "real life" way around bureaucratic delays.. If the whole process of visa issuance, adjustment of status, work permit etc. took less time, I am sure this would not be an issue!






QUOTE(TinTin and Samby @ Mar 22 2008, 07:28 AM) *
QUOTE(eau_xplain @ Mar 21 2008, 10:01 AM) *
QUOTE(charisma1 @ Mar 20 2008, 08:11 PM) *
That's what I thought... but still not worth the risk! but what if a company REALLY wants me and cannot wait for me 3 months? What ways around it? what about if it was UNPAID training? ;-)

And how can they find out anyway?


Unlike what some people think USCIS and IRS do not communicate. However, the SSA has established a new system wherein they are supposed to submit to USCIS a report on SSNs that have the "work with DHS authorization only" restriction and have earned work credits. Under this new system, there is a greater possibility of USCIS finding out if you worked without authorization.




Sure they do. Sometimes directly, more often times indirectly - via the petitioner and applicant. How many times in the visa issuance process does USCIS/DOS request (validated) documentation submitted to the IRS? Every time. If you work unathorized, the risk is huge that they will find out which at the least will require a waiver and at the most will get you a ban. Not worth the risk.

Warm Regards,
Samby

NoelandTintin
QUOTE(David-Mae Forever @ Mar 22 2008, 01:03 PM) *
QUOTE(NoelandTintin @ Mar 22 2008, 06:07 AM) *
QUOTE(David-Mae Forever @ Feb 27 2008, 09:00 AM) *
If you were given the temporary work permit on your POE, then you can use that. Otherwise, you will need to apply for EAD (that can take at least 60-90 days to be processed) before you can legally work.

--Mae


I agree with most posters here. It's illegal. Don't do it.

But something caught my eye, a bit off topic, but I got curious.

Do they give temporary work permits to K1 holders at POE? I didnt think they do that. I thought those were given to mostly CR1/IR1 or K3 holders. Anyone have experience on this?


Just to correct you on that bolded and underlined one... CR-1 and IR-1 are IMMIGRANT visas or "GREEN-CARD" visas (like what you are applying for), so when they enter the USA ALL POEs will stamp their passports with the I-551 stamp, NOT the EAD stamp. The I-551 = Green-Card, so automatically conveys work authorization and it's not just a temporary permit...

And by the way, you might want to check this one to further satisfy your curiousity about K1 holders being granted with temporary EAD stamp at POE:

http://www.visajourney.com/forums/index.ph...p;#entry1685416

--Mae


Yes I do know about the CR1 and IR1 not needing any temp or permanent EADs at all. Their I-551 stamp or their immigrant visas all thats needed.

And thanks btw. Very informative thread on the temp EAD. After reading that, I wonder why they dont give out more of the temp EAD.
David-Mae Forever
QUOTE(NoelandTintin @ Mar 23 2008, 05:14 AM) *
Yes I do know about the CR1 and IR1 not needing any temp or permanent EADs at all. Their I-551 stamp or their immigrant visas all thats needed.

And thanks btw. Very informative thread on the temp EAD. After reading that, I wonder why they dont give out more of the temp EAD.


That, I do not know... And besides, the temporary EAD is kind of useless in a way that some companies will not hire an alien employee that can only work legally for 3 months since that permit expires the day the I-94 expires.

--Mae
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