Working While Waiting for AOS

[IreMex 2]

Hi Guys,

Don't mean to start a fight here

Thanks for all advice.

I was just trying to understand the process for my wifes status as regards work.

She is not, at present, working in any capacity but she just received an email from a company who had seen her resume and want her to come in for an interview. She has been finding it very difficult to find work in her field. The only option we have is for her to do the Interview and explain her situation and hopefully it will work out. The actual Job start date is not until October.

We will not do anything to jeopardize her situation but from I'm reading, yes it is illegal to work without employment authorization but the USCIS seem to be lienent for a spouse. So it would it seem it is a situation between employer and employee to see if they can arrange a solution provided that everyone is comfortable with the situation. Without breaking any laws.

A freind of mine, recently (March 2012), received his EAD within 2 weeks. That is a fact I know of. Just got off the phone with him to verify his timeline. This is why I thought she might be able to work during her AOS pending period.

I asked him about the process and he said.

Initial Application rejected.

2nd Application accepted. 1 week later.

7-10 days,after 2nd Application accepted, Work Authorization card arrived.

He was adamant about this has he remembers thinking how fast it was and that it marked the first time he could legally work in the US in 20 years.

Applied for Social Security Card and Drivers License.

The whole process took 8 weeks for him. From 1st application to GC interview.

Every case is different.

My Wife received four notices last night from USCIS whereas I have received none. Strange!! But every case is different.

Cheers

[Teddy B 17,251]

Hi Guys,

Don't mean to start a fight here

Thanks for all advice.

I was just trying to understand the process for my wifes status as regards work.

She is not, at present, working in any capacity but she just received an email from a company who had seen her resume and want her to come in for an interview. She has been finding it very difficult to find work in her field. The only option we have is for her to do the Interview and explain her situation and hopefully it will work out. The actual Job start date is not until October.

We will not do anything to jeopardize her situation but from I'm reading, yes it is illegal to work without employment authorization but the USCIS seem to be lienent for a spouse. So it would it seem it is a situation between employer and employee to see if they can arrange a solution provided that everyone is comfortable with the situation. Without breaking any laws.

A freind of mine, recently (March 2012), received his EAD within 2 weeks. That is a fact I know of. Just got off the phone with him to verify his timeline. This is why I thought she might be able to work during her AOS pending period.

I asked him about the process and he said.

Initial Application rejected.

2nd Application accepted. 1 week later.

7-10 days,after 2nd Application accepted, Work Authorization card arrived.

He was adamant about this has he remembers thinking how fast it was and that it marked the first time he could legally work in the US in 20 years.

Applied for Social Security Card and Drivers License.

The whole process took 8 weeks for him. From 1st application to GC interview.

Every case is different.

My Wife received four notices last night from USCIS whereas I have received none. Strange!! But every case is different.

Cheers

Whether or not her and her potential employer is "comfortable" with that does not change the fact that it is illegal and you would be breaking the law.

[Harpa Timsah 13,258]

Any "solution" would be breaking laws. She can't work or work unpaid for a position that is normally paid until she has EAD. Poor planning on your part does not make an emergency on USCIS's part.

Edited August 22, 2012 by Harpa Timsah

[IreMex 2]

Whether or not her and her potential employer is "comfortable" with that does not change the fact that it is illegal and you would be breaking the law.

I did say "Without Breaking any laws"

A situation maybe that they would hold the job for her until she gets her EAD.

[IreMex 2]

Any "solution" would be breaking laws. She can't work or work unpaid for a position that is normally paid until she has EAD. Poor planning on your part does not make an emergency on USCIS's part.

I'm asking for advice not critism!!!

The timing of her interview was something we had no control over.

Poor Planning??????

[Teddy B 17,251]

I'm asking for advice not critism!!!

The timing of her interview was something we had no control over.

Poor Planning??????

You are getting very sound advice, just because you don't like it, doesn't make it criticism.

[newlyweds2010 208]

She won't be allowed to work once the OPT expires and before she receives an EAD. However, I will tell you what I did back then when I was waiting for my work permit to be issued. A few weeks after sending the AOS package, I had not even received the biometrics appointment. Meanwhile, I had a job offer lined up, open until a certain time in the future (I think a couple of months), provided that I would become eligible to work in the US before the deadline. Seeing that time was passing and nothing happened, I went to my congressman's office, they made me fill out a form explaining why I was contacting them ("new to the country, already have a job offer in my field of study and without having to move out of state, the economy sucks, this is a one-in-a-lifetime chance that I can't miss, my paycheck will be quite nice and the country will get its share through taxes, if I miss this who knows when I will find another job (meaning, and who knows when you guys will get my taxes), etc."). Long story short: after TWO days, without even having the biometrics done yet, USCIS sent me an email saying that my EAD was approved. FIVE days later I received the biometrics appointment letter, went to have it done, and a week later I got my EAD. Probably she will not be able to start work right on August 24, but at least you can speed things up. Make sure you have a written job offer with a reasonable expiration date (say, 2 months from now).

[kennym 275]

I'm asking for advice not critism!!!

The timing of her interview was something we had no control over.

Poor Planning??????

Hey IreMex, Some folks here simply feel they're important by saying obvious things and to show how smart they are.. I think you're on the right track.. dont let the ridiculous "obvious" comments upset you.. That's the downside of the internet.. it's dificult to keep those kinds of people from posting..

It sounds like you and your wife are inteligent and hopefully the interview will have positive outcome, let us know how it goes.. Your EAD shouldn't take to long..

Just because something is illegal doesn't mean it's wrong.

Just because something is legal doesn't mean it's right.

What in the world you thinking.. this is a classic, +50 for being one of the stupidest comments ever posted.. You can also rob banks and sell babies if you want to go that route..

Unbelievable..

[Teddy B 17,251]

She won't be allowed to work once the OPT expires and before she receives an EAD. However, I will tell you what I did back then when I was waiting for my work permit to be issued. A few weeks after sending the AOS package, I had not even received the biometrics appointment. Meanwhile, I had a job offer lined up, open until a certain time in the future (I think a couple of months), provided that I would become eligible to work in the US before the deadline. Seeing that time was passing and nothing happened, I went to my congressman's office, they made me fill out a form explaining why I was contacting them ("new to the country, already have a job offer in my field of study and without having to move out of state, the economy sucks, this is a one-in-a-lifetime chance that I can't miss, my paycheck will be quite nice and the country will get its share through taxes, if I miss this who knows when I will find another job (meaning, and who knows when you guys will get my taxes), etc."). Long story short: after TWO days, without even having the biometrics done yet, USCIS sent me an email saying that my EAD was approved. FIVE days later I received the biometrics appointment letter, went to have it done, and a week later I got my EAD. Probably she will not be able to start work right on August 24, but at least you can speed things up. Make sure you have a written job offer with a reasonable expiration date (say, 2 months from now).

Your trip to your congressmans office had no affect on you receiving your EAD. That was merely a coincidence. A congress man is not going to get involved with your getting a job, let alone have any influence over USCIS issuing your EAD.

[newlyweds2010 208]

Your trip to your congressmans office had no affect on you receiving your EAD. That was merely a coincidence. A congress man is not going to get involved with your getting a job, let alone have any influence over USCIS issuing your EAD.

Uhm, I would agree with you except that the EAD was issued before I even had my biometrics appointment, 42 days after I sent the AOS package. And even if it had no influence, hey it was a damn lucky coincidence. I should have played the lottery that very same day.

[Teddy B 17,251]

Uhm, I would agree with you except that the EAD was issued before I even had my biometrics appointment, 42 days after I sent the AOS package. And even if it had no influence, hey it was a damn lucky coincidence. I should have played the lottery that very same day.

My wife received her greencard before she received her EAD, no Congressman involved, these things happen.

[kennym 275]

Our EAD came almost exactly 2 months from our file date.. Either way, it's typically pretty fast..

Many times, shouldn't be a major issue...

Kenny

Edited August 22, 2012 by kennym

[Harpa Timsah 13,258]

Regarding timing, I mean to say that you could have applied earlier, say a few months before her OPT expired, so there would be no gap in work-authorization. This is what most people in your situation do. So what's done is done, but the fact is she will have a gap in her work. That's how it is, so accept it.

[kennym 275]

Regarding timing, I mean to say that you could have applied earlier, say a few months before her OPT expired, so there would be no gap in work-authorization. This is what most people in your situation do. So what's done is done, but the fact is she will have a gap in her work. That's how it is, so accept it.

Another helpful comment..

Just Love the critical stuff.. must make you feel good.. huh?

to the OP.. "That's how it is, so accept it." he he.. whatever that means..

Of course we live with whatever we face.. those kinds of comments is like saying "the sky is blue, so live with it.." it's obvious the sky is blue, but the comment is not helpful and usually not encouraging.. Basically it's useless.. and it waists space on the "world wide web"..

but it makes you happy, and that's all that matters I guess..

Edited August 22, 2012 by kennym

[IreMex 2]

Regarding timing, I mean to say that you could have applied earlier, say a few months before her OPT expired, so there would be no gap in work-authorization. This is what most people in your situation do. So what's done is done, but the fact is she will have a gap in her work. That's how it is, so accept it.

Seeing as you don't know my exact situation you are wrong. We got married 3 weeks ago.

You and Teddy B are rather frightful!!!

You are getting very sound advice, just because you don't like it, doesn't make it criticism.

Teddy,

If you bothered to read and take in my posts you would see that I have no intention of breaking "your" laws or any US Laws. I am just looking for peoples experiences on this web site. Also I stated that a Friend of mine received his EAD 7-10 days after his AOS application was accepted, which in turn was 6-7 weeks before his GC. i.e. Every case is different!!! Bear that in mind before you decide to Opine on other peoples situations!! As it's rather Borish!!!