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working without ead

By wondering in Working & Traveling During US Immigration

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Kristin.l.m Rookie

Kristin.l.m   0

Posted
Filed: AOS (apr) Country: Norway
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Posted
Keep us posted, I'm really curious that this is OK, since everyone always says you have to quit your temp job when you file for AOS. Good luck!

Wait, I'm new and a little confused by this...

My fiance is flying in through JFK next week and hopes to get the temporary EAD that way. Our immigration attorney stressed the importance of getting married ASAP, which we're doing 3 days after his arrival, so we can submit the AOS & EAD paperwork right away. He's said that there's a chance he could get his pre-AOS, (90 day? 1 year?) EAD before the 90-day temp one from JFK runs out. Did he give us bad advice? (Wouldn't be the first time, alas...)

What is it about filing for AOS that negates the temporary EAD? That's what I don't get...

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desert_fox Proficient

desert_fox   32

Posted
Filed: Country: Spain
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Posted

Being able to work prior to marriage is just a fluke in the law. The law was not drafted with very much forethought. Since the authorization runs out when the I94 expires, its important to get married as soon as possible and submit an application for EAD. Working without authorization is against the law, and the employer and the worker would be subject to fines, if ICE ever decided to enforce the law. Could cause a potential problem at your AOS interview in my non-professional opinion.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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j&js Community Regular

j&js   0

Posted
Filed: K-1 Visa Country: Ireland
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Keep us posted, I'm really curious that this is OK, since everyone always says you have to quit your temp job when you file for AOS. Good luck!

Wait, I'm new and a little confused by this...

My fiance is flying in through JFK next week and hopes to get the temporary EAD that way. Our immigration attorney stressed the importance of getting married ASAP, which we're doing 3 days after his arrival, so we can submit the AOS & EAD paperwork right away. He's said that there's a chance he could get his pre-AOS, (90 day? 1 year?) EAD before the 90-day temp one from JFK runs out. Did he give us bad advice? (Wouldn't be the first time, alas...)

What is it about filing for AOS that negates the temporary EAD? That's what I don't get...

Filing for AOS will not negate the temporary EAD, at least not that I have ever heard. From my understanding (and I make no promises that I am correct as my husband was not able to get the temp one and we stopped looking into the options around it) if he gets temp EAD at POE its valid for 90 days no matter what. When you file for AOS and EAD together, the EAD can take up to 90 days. So if you really file your paperwork right away and there are no problems with it, you would be looking at a very short period of time that he would be without work authorization, if any at all.

Timeline:

11-15-2005: Sent in I-129F to VSC

11-21-2005: NOA1

11-29-2005: NOA2

12-05-2005: NVC recieved

12-17-2005: Packet 3 received from Dublin

1-11-2006: Sent packet 3 forms, etc. to Dublin

2-03-2006: Interview Date :)APPROVED!!!

2-05-2006: Flying to Logan Airport

2-11-2006: Wedding Date

3-14-2006: Filed AOS and EAD

3-22-2006: NOA1 (AOS and EAD)

4-07-2006: Biometrics

6-07-2006: EAD approved!!

7-24-2006: AOS Interview APPROVED!!!

7-27-2006: Received Welcome to America letter

8-03-2006: Green Card Received :)

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sanaay Rookie

sanaay   0

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Filed: AOS (apr) Country: Jamaica
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speaking from prior experience with expired EADs... I was required by my employer to stop working on the day the EAD expired. This was true of each time (3) that I had and EAD renewed. They were not interested in seeing the NOA as proof of renewal. They wanted to see the actual card itself. This can vary by employer depending on how much risk they are willing to take. I am saying all that to say that although you are required legally to stop working. Its really up to the employer to keep track of these things via the I-9.

MARRIED MAY 2003

Submitted AOS July 2003

Received NOA August 2004

Several EADs in the process

Interview July 2005 (waiting on approval, & waiting & waiting *sigh* are we there yet?)

Submitted renewal of 3rd EAD Sept 05

Biometrics for EAD renewal Oct 26th (3 hour drive) even though there is an ASC 15 mins from my house... no appts available there :(

Oct 27th - Sent strong letter to District Director requesting a decision*** Hope this works :(

October 29th - Sent letter to congressman for help.

AOS Approved - Email Notice Nov 17th it's about bloody time... *sipping on my Guinness*

Nov 18th --- Welcome to America Letter received...

Nov 19th 10 year Green Card received in the mail.... Good bye USCIS .. until Citizenship

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Boiler Grand Master

Boiler   43,720

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
Filing for AOS will not negate the temporary EAD, at least not that I have ever heard.

There was a long discussion about this a long time ago.

Personally I think it does, but as Employers do not, well I have never heard of one that did, it does not really matter.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Carol&Marc Proficient

Carol&Marc   0

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Filed: Citizen (pnd) Country: Brazil
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http://www.visajourney.com/forums/index.php?showtopic=20696

Best thing to do: make an infopass!

Carol :thumbs:

coracao.gif

CAROL & MARC

MY HONEY'S PROFILE

Remove Conditions

08-28-08 - Mailed I-751

08-30-08 - Delivered

09-01-08 - Touched

09-03-08 - Check cleared

09-06-08 - NOA1 in the mail (dated 08/29???)

10-09-08 - Biometrics (Touched)

12-16-08 - Email "Card production ordered"

12-24-08 - Santa came and brought my present (Greencard in the mail!)

kitazura.gifkpuppy1.gif

BICHON FRISE LOVER!!!

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j&js Community Regular

j&js   0

Posted
Filed: K-1 Visa Country: Ireland
 Timeline
Posted

Seems silly to me, why would they even give you a temp one if you would have to make it void soon? Also, if thats the intent, it should be made clear either on the temp one or on the papers you file for AOS, otherwise, how are you suppossed to know?

Timeline:

11-15-2005: Sent in I-129F to VSC

11-21-2005: NOA1

11-29-2005: NOA2

12-05-2005: NVC recieved

12-17-2005: Packet 3 received from Dublin

1-11-2006: Sent packet 3 forms, etc. to Dublin

2-03-2006: Interview Date :)APPROVED!!!

2-05-2006: Flying to Logan Airport

2-11-2006: Wedding Date

3-14-2006: Filed AOS and EAD

3-22-2006: NOA1 (AOS and EAD)

4-07-2006: Biometrics

6-07-2006: EAD approved!!

7-24-2006: AOS Interview APPROVED!!!

7-27-2006: Received Welcome to America letter

8-03-2006: Green Card Received :)

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frndly1 Community Regular

frndly1   1

Posted
Filed: K-1 Visa Country: Morocco
 Timeline
Posted
The text everyone is quoting about just having to show a NOA1 if for renewals of EAD not for people waiting for inital applications... even people with a K1 EAD are not renewing it when they apply for AOS... they are 2 diffrent applications and are not linked....

Beware doing anything to cause you problems that could come back to bite you....

Kezzie

I would have to agree with Kezzie. People why put yourselves in what could be a very bad situation. We are in the waiting game also. We have come to far to have it come back and bite us in the ###. If you do the right thing then you dont have to worry. Good luck

Traveled to Morocco on Aug 3rd, 2005

Got Engaged on Aug 16th, 2005

Left Morocco on Aug 19th, 2005

08-29-05 Filed I129F

01-09-06 Interview Date (9am) We were not approved today, I guess we got a 221g of the damn S. Korea Police Certificate that Casablanca said we didn't need.

03/03/06 Turn in Passport at 9am

03/15/06 Visa Issued

03/31/06 Enter USA via JFK

05/15/06 Wedding for Visa

06/10/06 Mailed AOS papers

07/06/06 Biometerics Apt

07/15/06 My offical wedding day....I know .....:-)

07/10/06 Touched

08/25/06 EAD Approvel

09/01/06 EAD in Hand

09/26/06 AOS Interview (Recommend for Approval)

10-05-06 Received Welcome Letter

10-10-06 Green Card Arrived.

We are now one9d63d28.jpg.png

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Gaita Rookie

Gaita   0

Posted
Filed: Timeline
Posted
The text everyone is quoting about just having to show a NOA1 if for renewals of EAD not for people waiting for inital applications... even people with a K1 EAD are not renewing it when they apply for AOS... they are 2 diffrent applications and are not linked....

Beware doing anything to cause you problems that could come back to bite you....

Kezzie

I would also be cautious. I am in a similar situation. After reading your post, I asked both an immigration lawyer and the person at my school who deals with work authorizations and they both said unequivocally that one can't work without the actual card. Its possible they're wrong or have never heard of this loop hole, but I would be very cautious if I were you. I'm going to make an info pass appointment for Thursday to ask someone about this and will let you know what I hear

Gaita

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