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