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

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Filed: K-1 Visa Country: Australia
Timeline

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?

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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

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: Australia
Timeline
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?

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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.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Canada
Timeline

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.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Filed: Citizen (apr) Country: China
Timeline
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.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: Citizen (apr) Country: China
Timeline

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.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: K-1 Visa Country: Australia
Timeline

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?

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Filed: Citizen (apr) Country: China
Timeline
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.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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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.

K-1 timeline

Sent I-129f Dec. 29, 2008

Received NOA Jan. 10, 2009

NOA2 email sent April 16, 2009, APPROVED

Interview in Vancouver, June 23, 2009 APPROVED!!!!!!!!!!

Wedding, September 19, 2009, South Carolina!!

AOS

Mailed package to Chicago, Oct. 22, 2009

NOA hard copies Nov. 3, 2009

RFE Nov. 17, 2009

Finally mailed back RFE December 15, 2009

Case transferred to CSC January 7th 2010girlfreuya.gif

EAD and AP Approved, cards sent January 8th, 2010!!

AOS approved February 9th 2010 smiley-happy093.gif

Welcome letter and GC received February 16th, 2010

Done with USCIS until 11/08/11

ROC

Sent 1-751 to Vermont Service Center November 18th 2011

NOA November 23, 2011

Biometrics December 23, 2011

RFE Dated Aug. 17; received Aug. 20th

mailed off RFE end of Oct.

Received Email stating card has been ordered Dec. 4

Received Email stating card should arrive within seven days; Dec 6

GLITTER.jpg

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Filed: Citizen (apr) Country: China
Timeline
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.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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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!

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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