Offered a job but don't have visa/ead yet!

[mingus_drake 0]

I've just been offered a great job in the USA.

We've sent off pack three and don't have our interview yet but let's say that may happen early July.

When I land, we'll get married and I'll apply for AOS/EAD. Which will take time obvs.

I don't quite know what to say to them to enable me to get this job given the visa stuff. Potentially I could start work on it from here online? Can I work for them for free for a while until my EAD comes through?

Basically, am I SOL or is there any way around?

[Bobby+Umit 161]

Most from what I have seen is to wait for the EAD. If they use the new e-verify system, without the ead, it won't show your allowed to work.

EAD Everify

[mingus_drake 0]

Most from what I have seen is to wait for the EAD. If they use the new e-verify system, without the ead, it won't show your allowed to work.

EAD Everify

thanks.

any ideas about maybe working pro bono or something until i get my ead? would that be kosher? the job is searching for funding for a new clean energy technology. what if some of it was done online even from here?

[Bobby+Umit 161]

Most from what I have seen is to wait for the EAD. If they use the new e-verify system, without the ead, it won't show your allowed to work.

EAD Everify

thanks.

any ideas about maybe working pro bono or something until i get my ead? would that be kosher? the job is searching for funding for a new clean energy technology. what if some of it was done online even from here?

I'm pretty sure if you don't draw a salary - no issues.

[Kathryn41 3,205]

You are not supposed to 'volunteer' at a job for which you will later get paid as that is considered a technical violation of the EAD (I don't have the legislation to back this up though, it was what I was told when I asked about volunteering). You can volunteer at a job that is truly volunteer - that no one would be paid to do that job either you or anyone else now or at a later date. Best to wait until you have the physical EAD.

[YuAndDan 153]

Most from what I have seen is to wait for the EAD. If they use the new e-verify system, without the ead, it won't show your allowed to work.

EAD Everify

thanks.

any ideas about maybe working pro bono or something until i get my ead? would that be kosher? the job is searching for funding for a new clean energy technology. what if some of it was done online even from here?

Some do, but this is a risk the employer is taking, if they get audited and cannot produce a valid I-9 for you, the employer can get into trouble with immigrations.

[YuAndDan 153]

Unfortunately the K-1 is a fiancee visa, it is NOT a work visa. If work is of a high priority the recommended route is to marry first, and then apply for a CR-1 Spousal visa. CR-1 gets green-card upon entry to the USA, and can take a job and get paid the moment they land in the USA.

[mingus_drake 0]

yeah, i just happened to get this offer, i didn't apply for it formally. my priority is being with my future husband,m and of course work will be an essential part of that. it's just i'd like to not miss out on this opportunity.

good to know about the volunteer rule there.

aside from the risks to the employer from immigration, i assume i could screw things up for myself too by doing this?

also, i've heard that working as an independent contractor is a little different that a full time employee?

[YuAndDan 153]

yeah, i just happened to get this offer, i didn't apply for it formally. my priority is being with my future husband,m and of course work will be an essential part of that. it's just i'd like to not miss out on this opportunity.

good to know about the volunteer rule there.

aside from the risks to the employer from immigration, i assume i could screw things up for myself too by doing this?

also, i've heard that working as an independent contractor is a little different that a full time employee?

Yes contractor is expected to pay their own income taxes, and employee has their employer collect tax and pay it for them before they get paid. Contractor = 1099, Employee = W2, These are tax terms you will understand after you enter the USA.

Typically, work before EAD is forgiven when adjusting status based on marriage to a US citizen.

[mingus_drake 0]

thanks. i'll definitely have to educate myself on your tax system!

so, if i worked and got caught (i doubt i'd take the risk, but it's good to know) i won't necessarily be deported?

[LIFE'SJOURNEY 970]

DON'T SAY THAT, JUST THE OTHER DAY, A VJ TOLD OF A FAMILY FRIEND THAT DID JUST THAT AND WAS CAUGHT LAST YEAR, GOT DEPORTED LAST MONTH.

[mingus_drake 0]

well, i certainly won't be doing anything that risks deportation. hmm

[TimandJoyce 1]

Someone will hopefully correct me here, as I'm not 100% sure of things, but I have read that POE through JFK airport will give you temp. EAD on your visa. If you're coming from Australia, you might consider that if it's possible. Apparently you ask customs or something like that. Not all of them do that, mind you. I've read that in on other forms too, to ask at POE.

[YuAndDan 153]

thanks. i'll definitely have to educate myself on your tax system!

so, if i worked and got caught (i doubt i'd take the risk, but it's good to know) i won't necessarily be deported?

Again I would NOT take the risk. USCIS can be serious about this, it can go either way.

[Bobby+Umit 161]

You are not supposed to 'volunteer' at a job for which you will later get paid as that is considered a technical violation of the EAD (I don't have the legislation to back this up though, it was what I was told when I asked about volunteering). You can volunteer at a job that is truly volunteer - that no one would be paid to do that job either you or anyone else now or at a later date. Best to wait until you have the physical EAD.

ah - good info subtle difference there!