working without EAD?

[Degrizz 0]

What should we do? my wife is here on a k1 Visa. we applied for and received a social security card. The woman at the social security office who gave it to us said she could start working right away, which she has been doing for about a month. Now it has come to my attention that she can't work with out an EAD. I didn't notice it at first but the social security card says right on it; can not work with out work authorization. I am in the process of filing the Adjustment of Status forms. She is working at a Chinese restaurant as a waitress. The boss who is also Chinese said not to worry about it that the government won't catch it. but I am worried! a I asked her to quit her job, but she wants to work and is very resistant to the idea of quitting.

What should we do?:

1. quit and explain to the authorities and hope they understand.

2. quit and hope they do not catch it.

3. don't quit and hope they don't catch it. If they do tell them the Social security office said it was OK

4. other?

[Nagishkaw 510]

Similar question answered here:

http://www.visajourney.com/forums/index.ph...=160643&hl=

[rebeccajo 14]

Unless your wife received a stamp in her passport at entry authorizing her to work, she is ineligible.

Her employer is counting on the fact the ICE won't show up on his doorstep with a warrant to inspect his books. Given his cavalier attitude, I'd say your wife isn't the only alien on the premises who is unauthorized to work and perhaps not even legally in the United States.

If I were you and your wife, I'd be less concerned about what will happen at her adjustment interview than I would be about the potential for deportation working in an establishment that may already be on ICE's radar.

[Cuchita 1]

Wow I don´t get it I thought anyone with a soc sec. number was entitled to work! isn´t it so?

[rebeccajo 14]

Wow I don´t get it I thought anyone with a soc sec. number was entitled to work! isn´t it so?

Nope.

Work authorized persons must establish both identity and work eligibility.

Google "Form I-9", load the PDF, and look at the instructions. On Page 4 you will find a three-column table with instructions to employers as to what documents prove a work-authorized individual. Note that K1 visa entrants to the US will need to produce a document from BOTH column B and C.

Edited January 1, 2009 by rebeccajo

[Beautiful_years 0]

Its clearly stated on your ssn card... Not authorised to work or whatever.

So i smell trouble, maybe it ll be best you dont mention it when you file for AOS, cos thats a law broken and you know how they loveee to act up, so deportation might be an option.

These are my opinion not facts!

[pepper 34]

when i applied for an ssn 3 weeks after getting my card says "valid for work with dhs authorization"...maybe it varies where you get your card...

[HiTech 0]

Also look on the back of her I-94 (it is in her passport) if she entered the USA on JFK, it should have a stamp "Employment Athorized" this stamp and an SSN is valid for employment.

Dale

[Old Dominion 26]

I assume there is no work authorization stamped in her passport? Under the circumstances as described, I'd get that paperwork filed very quickly. Within 90 days after, she will have her work permit (EAD) if the paperwork you present is in good order.

Your wife needs to understand the penalty for getting caught working without government authorization: detention, deportation and a ban on re-entering the U.S. It makes no difference what her boss says. I don't know where you live, but ethnic restaurants employing immigrants are fair game for USCIS. You never know when a competing restaurant, an upset customer, or former employee will blow the whistle.

If she is not happy with the idea of sitting around the house all day, perhaps there is volunteer work she could be doing.

Otherwise, her eagerness to work is healthy and she deserves nothing but praise for her motivation.

[AlHayatZween 2]

the penalty for getting caught working without government authorization: detention, deportation and a ban on re-entering the U.S.

i agree with all the advice posted above.

but can i just pose a question:

Why is the penalty so severe when it is obvious the immigrant is here legally and doing everything he or she is supposed to do to live here legally & pay taxes, etc... meanwhile, if you come here illegally, work for years illegally, all that gets forgiven if you marry a US citizen?

i'm just thinking about it b/c there was another thread in this forum this week where someone did just that, was here for years, working under-the-table, happened to fall in love, happened to get married, and all their illegal work activity is just forgiven?

i don't mean to vent, it just gets me mad.

[Cuchita 1]

ohhhhhh all this is good info. Thank you and HAPPY NEW YEAR TO ALL!!!!!.

Sucks to find a good job and then have to quit because of that little gap.

[Gary and Alla 3,694]

When my wife entered at JFK her I-94 was stamped "Employment Authorized". We got her a social security number within a week and she has been working a small part time job since October.

If you look at the I-9 work authorization form ALL employers must fill out there are FIVE items listed in column A. If a person can produce any ONE item from this list in column A they do not need to produce ANY items from column B or C.

Item 5 in Column A IS:

A unexpired FOREIGN passport with an unexpired I-94 bearing an "employment authorized" stamp.

If your K-1 fiancee/wife has this stamp on her I-94 and SSN she IS authorized to work. Such authorization extends beyond the time of the expiration of the I-94 IF you can also show an I-797C (Your NOA1) that she has applied for an AOS or I-765. Provided she has this stamp, you have no problem. We provided all these documents to my wife's wmployer and also a copy of the NOA-1 BEFORE her I-94 expired.

Gary

[rebeccajo 14]

the penalty for getting caught working without government authorization: detention, deportation and a ban on re-entering the U.S.

i agree with all the advice posted above.

but can i just pose a question:

Why is the penalty so severe when it is obvious the immigrant is here legally and doing everything he or she is supposed to do to live here legally & pay taxes, etc... meanwhile, if you come here illegally, work for years illegally, all that gets forgiven if you marry a US citizen?

i'm just thinking about it b/c there was another thread in this forum this week where someone did just that, was here for years, working under-the-table, happened to fall in love, happened to get married, and all their illegal work activity is just forgiven?

i don't mean to vent, it just gets me mad.

In this case, (where the alien is married to a USC but has not yet filed to adjust status) I don't know that ICE would deport her. I'd say that's case specific.

AlHayat - that's just the law, you know? There are several of life's scenario that the US government will overlook in the interest of family unity.

I find it interesting that most posters to VJ believe the entire immigration system is anti-family, yet when the occasional rule that favors family is discussed, it is regarded as 'unfair'.

[AlHayatZween 2]

In this case, (where the alien is married to a USC but has not yet filed to adjust status) I don't know that ICE would deport her. I'd say that's case specific.

AlHayat - that's just the law, you know? There are several of life's scenario that the US government will overlook in the interest of family unity.

I find it interesting that most posters to VJ believe the entire immigration system is anti-family, yet when the occasional rule that favors family is discussed, it is regarded as 'unfair'.

Yeah, i know it is the law... and i don't think of USCIS as anti-family at all... but i do find it a bit of a legal hiccup.

Very often it seems they make it very difficult to do everything right, but doing things "illegally" can be forgiven.

It's unclear whether the original OP has a temp work stamp or not, but i can't figure out why USCIS has discontinued the interim ead for those in limbo between temp work stamp and ead. (i mean other than the fact that they are underfunded, understaffed, and disorganized themselves )

But no, i i don't mean to categorize them as anti-family.

[rebeccajo 14]

When my wife entered at JFK her I-94 was stamped "Employment Authorized". We got her a social security number within a week and she has been working a small part time job since October.

If you look at the I-9 work authorization form ALL employers must fill out there are FIVE items listed in column A. If a person can produce any ONE item from this list in column A they do not need to produce ANY items from column B or C.

Item 5 in Column A IS:

A unexpired FOREIGN passport with an unexpired I-94 bearing an "employment authorized" stamp.

If your K-1 fiancee/wife has this stamp on her I-94 and SSN she IS authorized to work. Such authorization extends beyond the time of the expiration of the I-94 IF you can also show an I-797C (Your NOA1) that she has applied for an AOS or I-765. Provided she has this stamp, you have no problem. We provided all these documents to my wife's wmployer and also a copy of the NOA-1 BEFORE her I-94 expired.

Gary

That is incorrect.

The stamp placed in the passport at port of entry has an expiration date, and that is the date of the I94.

A NOA1 receipt for EAD is not an acceptable form of verifying work authorization. Employers are instructed to accept receipts, but the employee must reciprocate by producing the ACTUAL work authorization with 3 days of commencement of employment.

I-797 receipt for application for EAD is only an acceptable proof of work authorization if the original EAD was lost or stolen. Even in those cases, the employee must provide the employer with the replacement document within 90 days.