EAD and When can I start working?

[MOONPIE 1]

Good morning to you all,

I have a few question regarding EAD.

It's a little complicated but please bare with me.

I filed my AOS a few weeks ago and I've got NOA and receipts in mail.

I am currently on H1B and the status is still pending. (initial review to be exact)

With H1B, I was told I can start working as soon as I get the receipt, which I did.

There is a job offer and I am just wondering if I can do the same with family based visa.

Can I start working as soon as I get the I765 receipt?

Thank you for your help in advance.

[aduque 0]

If your employer allows you or understands that your EAD is in process and will be in your hands shortly, you can. I dealt with this for many years but it is up to the discretion of the employer (this was said to me by IO a few years ago) best of luck.

[MOONPIE 1]

Great!

Thanks Aduque

[Harpa Timsah 13,258]

No, that is incorrect. A receipt for a I-765 is not a document suitable for employment on the I-9 form. You need the EAD approved and in hand before you can work. You will be turned away for employment.

[Penny Lane 8,159]

If your employer allows you or understands that your EAD is in process and will be in your hands shortly, you can. I dealt with this for many years but it is up to the discretion of the employer (this was said to me by IO a few years ago) best of luck.

This is dangerous, incorrect information.

[ceadsearc 515]

No. You need the EAD. You CANNOT work without it. It is not at the discretion of the employer unless by discretion you mean the discretion to choose to employ someone illegally or not.

[aduque 0]

Well then Charlotte IO is wrong and the Raleigh/Durham people too....if you read correctly I never said he was guaranteed anything, it is up to the employer that is all I said. I had my EAD and a new one being processed and it lapsed, I contacted USCIS and they told me it was at the discretion of the employer and the only thing I could show them that it was being processed was the receipt.

[Harpa Timsah 13,258]

Well then Charlotte IO is wrong and the Raleigh/Durham people too....if you read correctly I never said he was guaranteed anything, it is up to the employer that is all I said. I had my EAD and a new one being processed and it lapsed, I contacted USCIS and they told me it was at the discretion of the employer and the only thing I could show them that it was being processed was the receipt.

That is a completely different situation.

[MOONPIE 1]

Thank you everyone.

I decided not to risk anything.

[jdh 103]

Thank you everyone.

I decided not to risk anything.

Good call. It wouldn't really have been a risk so much as a waste of your time and the potential employers.

[pasportit 7]

Just for future reference, you can start applying for jobs when you get a notice that EAD is in Card Production state.

[jdh 103]

Just for future reference, you can start applying for jobs when you get a notice that EAD is in Card Production state.

That's about what I did. It can take some time to get a response, do the interview etc.

I started sending my resume out probably a few days after they notified me it would be in production and I start my new job today.

Edited May 17, 2012 by jdh

[Gary and Alla 3,694]

If your employer allows you or understands that your EAD is in process and will be in your hands shortly, you can. I dealt with this for many years but it is up to the discretion of the employer (this was said to me by IO a few years ago) best of luck.

Not correct. That changed in April 2009 to be exact. You must have the EAD in hand. If the employer decides to employ you before that you are both in violation.

[Gary and Alla 3,694]

Well then Charlotte IO is wrong and the Raleigh/Durham people too....if you read correctly I never said he was guaranteed anything, it is up to the employer that is all I said. I had my EAD and a new one being processed and it lapsed, I contacted USCIS and they told me it was at the discretion of the employer and the only thing I could show them that it was being processed was the receipt.

A few years ago they were not wrong. Now they are. And sometimes local offices do give wrong information. It is not up to the employer to determine the legality of it, it is not legal to do so currently. It is up to the employer to take a risk of doing something illegal, of course.

[Gary and Alla 3,694]

No. You need the EAD. You CANNOT work without it. It is not at the discretion of the employer unless by discretion you mean the discretion to choose to employ someone illegally or not.

Absolutely correct.

Prior to April 2009 there was some vague-ary (for lack of better term) that prevented the government from enforcing the law against K-1 holders working under certain circumstances. It never was "legal" for a K-1 holder to work without an EAD, but for some time the wording on the I-9 was so muddled as to make it impossible for an employer to reasonably be expected to understand what was needed and hence the law was not "enforced" leaving it "up to the employer" to decide, so to speak.

That was corrected in February 2009 and enforcement began in April 2009.

Until that time, local offices overlooked a K-1 applicant working. I have been told by more recent applicants that they will STILL overlook that, but I have no evidence of that and the law specifically does NOT allow them to overlook it...so I would not recommend it.