Full Version: Working prior to getting EAD
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Hey everyone, I came here recently on a K-1 visa. I dont have my EAD yet, nor have we filed for it. But I have been giving an opportunity to babysit 2 babies (for a friend of the family), and payed in cash. This may be a dumb question, but is this illegal since I dont have an EAD? Do I need to get a license for this? What other jobs are available that one can do before they get their EAD? Thank you
Personally, I don't see a problem with that as long as it's not your business, like...something you'll be doing every single day.
QUOTE(dayana_1313 @ Mar 14 2007, 09:27 AM) 
Hey everyone, I came here recently on a K-1 visa. I dont have my EAD yet, nor have we filed for it. But I have been giving an opportunity to babysit 2 babies (for a friend of the family), and payed in cash. This may be a dumb question, but is this illegal since I dont have an EAD? Do I need to get a license for this? What other jobs are available that one can do before they get their EAD? Thank you
Do many people work for cash without reporting it? Yes. Does that make it legal? No.
Will anyone ever find out? Probably not. Does that make it legal? No.
Since you have asked the question, I will assume you want the actual correct answer. Working for pay without employment authorization is not legal.
The only jobs you can do without employment authorization are volunteer jobs that do not pay.
I agree with the previous poster. It is probably illegal because it is still a job that you are getting paid to do.
If your friend reports the money she gives you on her tax return (as child care expenses), then you should be reporting it as income. And you can't report any income because you are not work authorized.
Should you do it anyways? That's a question only you can answer. Before my daughter got her GC, she was offered a babysitting job. She decided not to take it because we were both worried that somebody who found out she wasn't work authorized yet (and was jealous) might report her for working without work authorization.
If your friend reports the money she gives you on her tax return (as child care expenses), then you should be reporting it as income. And you can't report any income because you are not work authorized.
Should you do it anyways? That's a question only you can answer. Before my daughter got her GC, she was offered a babysitting job. She decided not to take it because we were both worried that somebody who found out she wasn't work authorized yet (and was jealous) might report her for working without work authorization.
Why did you give a link to this exact same thread?
Also, as many have said before me in other threads at other times, working illegally is forgiven at AOS.
Also, as many have said before me in other threads at other times, working illegally is forgiven at AOS.
QUOTE(notrepetiteashley @ Mar 14 2007, 11:11 AM)
Why did you give a link to this exact same thread?
Also, as many have said before me in other threads at other times, working illegally is forgiven at AOS.
Also, as many have said before me in other threads at other times, working illegally is forgiven at AOS.
because its not this exact thread - she already asked this question in another forum, and the reply was on spot.
you could ask, why post a question again?
Hmmmm.
QUOTE(lal_brandow @ Mar 14 2007, 11:14 AM)
QUOTE(notrepetiteashley @ Mar 14 2007, 11:11 AM)
Why did you give a link to this exact same thread?
Also, as many have said before me in other threads at other times, working illegally is forgiven at AOS.
Also, as many have said before me in other threads at other times, working illegally is forgiven at AOS.
because its not this exact thread - she already asked this question in another forum, and the reply was on spot.
you could ask, why post a question again?
Yes, I did ask the exact same question on another forum. But I only got 1 reply and I wanted to get more opinions. So thats why I asked the same question in this forum. Is there a problem with that?
I don't have a problem with that in the least. I can totally understand wanting more than 1 opinion, no matter now "on spot" it seems to be.
Besides, the answer did not include the fact that illegal working is forgiven at the time of AOS, which has been useful to know for some other people. I'm not saying that doesn't make it wrong (working illegally).
Besides, the answer did not include the fact that illegal working is forgiven at the time of AOS, which has been useful to know for some other people. I'm not saying that doesn't make it wrong (working illegally).
QUOTE(raymaga @ Mar 14 2007, 11:09 AM)
I agree with the previous poster. It is probably illegal because it is still a job that you are getting paid to do.
If your friend reports the money she gives you on her tax return (as child care expenses), then you should be reporting it as income. And you can't report any income because you are not work authorized.
Should you do it anyways? That's a question only you can answer. Before my daughter got her GC, she was offered a babysitting job. She decided not to take it because we were both worried that somebody who found out she wasn't work authorized yet (and was jealous) might report her for working without work authorization.
If your friend reports the money she gives you on her tax return (as child care expenses), then you should be reporting it as income. And you can't report any income because you are not work authorized.
Should you do it anyways? That's a question only you can answer. Before my daughter got her GC, she was offered a babysitting job. She decided not to take it because we were both worried that somebody who found out she wasn't work authorized yet (and was jealous) might report her for working without work authorization.
Actually you can report income received when you were not work authorized. Many illegal aliens report their income to the IRS with no problems.
QUOTE(notrepetiteashley @ Mar 14 2007, 12:38 PM)
I don't have a problem with that in the least. I can totally understand wanting more than 1 opinion, no matter now "on spot" it seems to be.
Besides, the answer did not include the fact that illegal working is forgiven at the time of AOS, which has been useful to know for some other people. I'm not saying that doesn't make it wrong (working illegally).
Besides, the answer did not include the fact that illegal working is forgiven at the time of AOS, which has been useful to know for some other people. I'm not saying that doesn't make it wrong (working illegally).
True, but why do it? Just because something is forgiven doesn't give license to do it. Everyone else files for EAD if they want to work. There is no one on here whose situation merits working without EAD, IMHO.
Well, to be honest, she's babysitting for a few bucks...it's not like it's an actual ongoing position. Give me a break. If she were working as say, a secretary or a graphic designer or some other job that requires an interview, etc. my opinion would be different. Don't get me wrong, I'm not *for* illegal working, I'm just giving correct information as I see fit. Again, she's babysitting for a friend, not running a daycare.
Cheers
BTW, here's a good link on that and info quoted. I can't take credit for finding it, just for finding it in some old threads:
As for the document from uscis regarding overstay and unauthorized employment, here is the link to the document http://uscis.gov/graphics/howdoi/LPReligibility.htm and I quoted that particular section below:
QUOTE
If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:
* worked without permission,
* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,
* failed otherwise to maintain lawful status and with the proper immigration documentation, or
* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”
Cheers
BTW, here's a good link on that and info quoted. I can't take credit for finding it, just for finding it in some old threads:
As for the document from uscis regarding overstay and unauthorized employment, here is the link to the document http://uscis.gov/graphics/howdoi/LPReligibility.htm and I quoted that particular section below:
QUOTE
If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:
* worked without permission,
* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,
* failed otherwise to maintain lawful status and with the proper immigration documentation, or
* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”
Again I guess I just don't understand it....if one wants to work, why can't one apply for the EAD like everyone else does. *sigh*
QUOTE(KarenCee @ Mar 15 2007, 04:31 PM)
Again I guess I just don't understand it....if one wants to work, why can't one apply for the EAD like everyone else does. *sigh*
I never said I wasn't going to apply for an EAD. Of course I am. I was just wondering in the meantime, what would be the ramifications if I worked as a babysitter, while I waited to get my EAD. Thats all...
Basically there would be no ramifications.
Thanks for your tips. I appreciate it!
QUOTE(notrepetiteashley @ Mar 15 2007, 04:18 PM)
Well, to be honest, she's babysitting for a few bucks...it's not like it's an actual ongoing position. Give me a break. If she were working as say, a secretary or a graphic designer or some other job that requires an interview, etc. my opinion would be different. Don't get me wrong, I'm not *for* illegal working, I'm just giving correct information as I see fit. Again, she's babysitting for a friend, not running a daycare.
Cheers
BTW, here's a good link on that and info quoted. I can't take credit for finding it, just for finding it in some old threads:
As for the document from uscis regarding overstay and unauthorized employment, here is the link to the document http://uscis.gov/graphics/howdoi/LPReligibility.htm and I quoted that particular section below:
QUOTE
If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:
* worked without permission,
* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,
* failed otherwise to maintain lawful status and with the proper immigration documentation, or
* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”
Cheers
BTW, here's a good link on that and info quoted. I can't take credit for finding it, just for finding it in some old threads:
As for the document from uscis regarding overstay and unauthorized employment, here is the link to the document http://uscis.gov/graphics/howdoi/LPReligibility.htm and I quoted that particular section below:
QUOTE
If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:
* worked without permission,
* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,
* failed otherwise to maintain lawful status and with the proper immigration documentation, or
* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”
Would you have her apply for an EAD to set up a lemonade stand, too? 
Sorry to be so cheeky, it's just what I feel. I know you aren't going to change your mind and that's okay. But let's just get the law clear, which we have done.
Sorry to be so cheeky, it's just what I feel. I know you aren't going to change your mind and that's okay. But let's just get the law clear, which we have done.
QUOTE(dayana_1313 @ Mar 15 2007, 04:43 PM)
I never said I wasn't going to apply for an EAD. Of course I am. I was just wondering in the meantime, what would be the ramifications if I worked as a babysitter, while I waited to get my EAD. Thats all...
How about, babysitting the kids as a "favor" for your friend now. (i.e. your being a good neighbor or whatever, and not taking a job). Friends help each other out all the time, that's not "employment." And then WHEN the EAD arrives in the mail, you can then accept money for babysitting in an amount to "make-up" for the few times you performed a "favor" in the past.
QUOTE(notrepetiteashley @ Mar 15 2007, 04:55 PM)
Would you have her apply for an EAD to set up a lemonade stand, too?
Sorry to be so cheeky, it's just what I feel. I know you aren't going to change your mind and that's okay. But let's just get the law clear, which we have done.
Sorry to be so cheeky, it's just what I feel. I know you aren't going to change your mind and that's okay. But let's just get the law clear, which we have done.
LOL, lemonade stand. If it nets an income, yes! Puhleeeese. I can deal with cheekiness and I can return it as well. You are spot on though, I won't change my mind. I've been on here a long time and everything I've read says you have to be work authorized to work. I don't see how else you can interpret that. There are posts on here all the time of people wanting to know how to circumvent being work authorized during the 90 days (more or less) before EAD is approved.
QUOTE(BJZags @ Mar 16 2007, 11:53 AM)
QUOTE(dayana_1313 @ Mar 15 2007, 04:43 PM)
I never said I wasn't going to apply for an EAD. Of course I am. I was just wondering in the meantime, what would be the ramifications if I worked as a babysitter, while I waited to get my EAD. Thats all...
How about, babysitting the kids as a "favor" for your friend now. (i.e. your being a good neighbor or whatever, and not taking a job). Friends help each other out all the time, that's not "employment." And then WHEN the EAD arrives in the mail, you can then accept money for babysitting in an amount to "make-up" for the few times you performed a "favor" in the past.
Not a bad idea there.
QUOTE(KarenCee @ Mar 16 2007, 03:16 PM)
QUOTE(notrepetiteashley @ Mar 15 2007, 04:55 PM)
Would you have her apply for an EAD to set up a lemonade stand, too?
Sorry to be so cheeky, it's just what I feel. I know you aren't going to change your mind and that's okay. But let's just get the law clear, which we have done.
Sorry to be so cheeky, it's just what I feel. I know you aren't going to change your mind and that's okay. But let's just get the law clear, which we have done.
LOL, lemonade stand. If it nets an income, yes! Puhleeeese. I can deal with cheekiness and I can return it as well. You are spot on though, I won't change my mind. I've been on here a long time and everything I've read says you have to be work authorized to work. I don't see how else you can interpret that. There are posts on here all the time of people wanting to know how to circumvent being work authorized during the 90 days (more or less) before EAD is approved.
QUOTE(BJZags @ Mar 16 2007, 11:53 AM)
QUOTE(dayana_1313 @ Mar 15 2007, 04:43 PM)
I never said I wasn't going to apply for an EAD. Of course I am. I was just wondering in the meantime, what would be the ramifications if I worked as a babysitter, while I waited to get my EAD. Thats all...
How about, babysitting the kids as a "favor" for your friend now. (i.e. your being a good neighbor or whatever, and not taking a job). Friends help each other out all the time, that's not "employment." And then WHEN the EAD arrives in the mail, you can then accept money for babysitting in an amount to "make-up" for the few times you performed a "favor" in the past.
Not a bad idea there.
You are too funny! I appreciate your view and admire your steadfastness to the letter of the law. Do I think it's a bit much? Oh, yes. But hey, that's your take and that's good and I totally respect it.
It is ILLEGAL to work prior to getting your EAD.
Working illegally does NOT prevent you from AOS and is effectively "forgiven."
Look at those two sentences. If you're willing to completely disregard the 2nd sentence, the 1st is all you need. I didn't make the rules, and I wouldn't have made that 2nd rule, I'm not sure why they did. I suppose there are certain situations in which people without EADs needed to work....I have no clue! I did see one mother of 3 young children crying at my local USCIS office because there was a mix-up with her EAD...maybe USCIS had something compassionate in mind....????
Anyway, best of luck to all of you lovely people. And hooray for cheekiness!
I think this topic is about to enter beating dead seabiscuit category.
BTW: How is BJZags' suggestion not circumventing the law!? LOL
She's getting $$$ just the same. It's just the when of it. It's sneaky, in other words! I think it's a fine approach, don't get me wrong. But if you're so concerned with people circumventing the system, I'm surprised you'd call that a good idea. Just a thought.
Mostly, I think it's coming down to being really anal. Ahem.
She's getting $$$ just the same. It's just the when of it. It's sneaky, in other words! I think it's a fine approach, don't get me wrong. But if you're so concerned with people circumventing the system, I'm surprised you'd call that a good idea. Just a thought.
Mostly, I think it's coming down to being really anal. Ahem.
QUOTE(notrepetiteashley @ Mar 16 2007, 04:26 PM)
It is ILLEGAL to work prior to getting your EAD.
Is it though? It's illegal to employ someone who isn't work authorised, yes. I'm still unconvinced of a the law as regards to the employee. The most I can find is that it invalidate a visa, but if you came on a K-1, that became invalid when you filed AOS anyway. Ever hear of anyone prosecuted for illegal work, rather than simply being an illegal alien?
This is a conundrum.
I do think one of the things to keep in mind is that while this may be "forgiven" or it cant be held against you for AOS.
It may very well be an issue if you lose your LPR status, or during naturalization.
If you are willing to accept the ultimate potential consequences, go for it.
I do think one of the things to keep in mind is that while this may be "forgiven" or it cant be held against you for AOS.
It may very well be an issue if you lose your LPR status, or during naturalization.
If you are willing to accept the ultimate potential consequences, go for it.
QUOTE(notrepetiteashley @ Mar 16 2007, 04:31 PM)
BTW: How is BJZags' suggestion not circumventing the law!? LOL
She's getting $$$ just the same. It's just the when of it. It's sneaky, in other words! I think it's a fine approach, don't get me wrong. But if you're so concerned with people circumventing the system, I'm surprised you'd call that a good idea. Just a thought.
Mostly, I think it's coming down to being really anal. Ahem.
She's getting $$$ just the same. It's just the when of it. It's sneaky, in other words! I think it's a fine approach, don't get me wrong. But if you're so concerned with people circumventing the system, I'm surprised you'd call that a good idea. Just a thought.
Mostly, I think it's coming down to being really anal. Ahem.
If you care to continue bantering with me about this subject, please feel free to PM me anytime. I assure you, I can argue with a fence post if necessary.
That's okay, LOL...Like I said, this is becoming a dead seabiscuit thread. ;-)
I'm not here to change anyone's mind anyway. I just don't think people should be misinformed and as you can see, it isn't as cut-and-dry as you think. Well, you can't see that, but some of the rest of us can.
Blah.
I'm bored with it.
Happy days to all (go rest up for the green beer day tomorrow, haha)!
I'm not here to change anyone's mind anyway. I just don't think people should be misinformed and as you can see, it isn't as cut-and-dry as you think. Well, you can't see that, but some of the rest of us can.
Blah.
I'm bored with it.
Happy days to all (go rest up for the green beer day tomorrow, haha)!
BJZags' suggestion is circumventing the law. The only difference between doing it with a business employer and doing it with a neighbor is how far 'under the radar' you're flying.
Same as taking money at the time the services are rendered. Delaying payment and calling it something else doesn't change anything.
Yodrak
Same as taking money at the time the services are rendered. Delaying payment and calling it something else doesn't change anything.
Yodrak
QUOTE(notrepetiteashley @ Mar 16 2007, 04:31 PM)
BTW: How is BJZags' suggestion not circumventing the law!? LOL
She's getting $$$ just the same. It's just the when of it. It's sneaky, in other words! I think it's a fine approach, don't get me wrong. But if you're so concerned with people circumventing the system, I'm surprised you'd call that a good idea. Just a thought.
Mostly, I think it's coming down to being really anal. Ahem.
She's getting $$$ just the same. It's just the when of it. It's sneaky, in other words! I think it's a fine approach, don't get me wrong. But if you're so concerned with people circumventing the system, I'm surprised you'd call that a good idea. Just a thought.
Mostly, I think it's coming down to being really anal. Ahem.
The only point I thought was ok was doing it as a favour for her friend and not taking money for it. Maybe I should have been more specific.
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