Working prior to getting EAD

[dayana_1313 0]

Hey everyone, I came here recently on a K-1 visa. I dont have my EAD yet, nor have we filed for it. But I have been giving an opportunity to babysit 2 babies (for a friend of the family), and payed in cash. This may be a dumb question, but is this illegal since I dont have an EAD? Do I need to get a license for this? What other jobs are available that one can do before they get their EAD? Thank you

[notrepetiteashley 0]

Personally, I don't see a problem with that as long as it's not your business, like...something you'll be doing every single day.

[LaL 418]

http://www.visajourney.com/forums/index.php?showtopic=58814

[john_and_marlene 162]

Hey everyone, I came here recently on a K-1 visa. I dont have my EAD yet, nor have we filed for it. But I have been giving an opportunity to babysit 2 babies (for a friend of the family), and payed in cash. This may be a dumb question, but is this illegal since I dont have an EAD? Do I need to get a license for this? What other jobs are available that one can do before they get their EAD? Thank you

Do many people work for cash without reporting it? Yes. Does that make it legal? No.

Will anyone ever find out? Probably not. Does that make it legal? No.

Since you have asked the question, I will assume you want the actual correct answer. Working for pay without employment authorization is not legal.

The only jobs you can do without employment authorization are volunteer jobs that do not pay.

[raymaga 25]

I agree with the previous poster. It is probably illegal because it is still a job that you are getting paid to do.

If your friend reports the money she gives you on her tax return (as child care expenses), then you should be reporting it as income. And you can't report any income because you are not work authorized.

Should you do it anyways? That's a question only you can answer. Before my daughter got her GC, she was offered a babysitting job. She decided not to take it because we were both worried that somebody who found out she wasn't work authorized yet (and was jealous) might report her for working without work authorization.

Edited March 14, 2007 by raymaga

[notrepetiteashley 0]

Why did you give a link to this exact same thread?

Also, as many have said before me in other threads at other times, working illegally is forgiven at AOS.

[LaL 418]

Why did you give a link to this exact same thread?

Also, as many have said before me in other threads at other times, working illegally is forgiven at AOS.

because its not this exact thread - she already asked this question in another forum, and the reply was on spot.

you could ask, why post a question again?

[notrepetiteashley 0]

Hmmmm.

[dayana_1313 0]

Why did you give a link to this exact same thread?

Also, as many have said before me in other threads at other times, working illegally is forgiven at AOS.

because its not this exact thread - she already asked this question in another forum, and the reply was on spot.

you could ask, why post a question again?

Yes, I did ask the exact same question on another forum. But I only got 1 reply and I wanted to get more opinions. So thats why I asked the same question in this forum. Is there a problem with that?

[notrepetiteashley 0]

I don't have a problem with that in the least. I can totally understand wanting more than 1 opinion, no matter now "on spot" it seems to be.

Besides, the answer did not include the fact that illegal working is forgiven at the time of AOS, which has been useful to know for some other people. I'm not saying that doesn't make it wrong (working illegally).

Edited March 14, 2007 by notrepetiteashley

[Killer_Clown_2009 0]

I agree with the previous poster. It is probably illegal because it is still a job that you are getting paid to do.

If your friend reports the money she gives you on her tax return (as child care expenses), then you should be reporting it as income. And you can't report any income because you are not work authorized.

Should you do it anyways? That's a question only you can answer. Before my daughter got her GC, she was offered a babysitting job. She decided not to take it because we were both worried that somebody who found out she wasn't work authorized yet (and was jealous) might report her for working without work authorization.

Actually you can report income received when you were not work authorized. Many illegal aliens report their income to the IRS with no problems.

[KarenCee 3]

I don't have a problem with that in the least. I can totally understand wanting more than 1 opinion, no matter now "on spot" it seems to be.

Besides, the answer did not include the fact that illegal working is forgiven at the time of AOS, which has been useful to know for some other people. I'm not saying that doesn't make it wrong (working illegally).

True, but why do it? Just because something is forgiven doesn't give license to do it. Everyone else files for EAD if they want to work. There is no one on here whose situation merits working without EAD, IMHO.

[notrepetiteashley 0]

Well, to be honest, she's babysitting for a few bucks...it's not like it's an actual ongoing position. Give me a break. If she were working as say, a secretary or a graphic designer or some other job that requires an interview, etc. my opinion would be different. Don't get me wrong, I'm not *for* illegal working, I'm just giving correct information as I see fit. Again, she's babysitting for a friend, not running a daycare.

Cheers

BTW, here's a good link on that and info quoted. I can't take credit for finding it, just for finding it in some old threads:

As for the document from uscis regarding overstay and unauthorized employment, here is the link to the document http://uscis.gov/graphics/howdoi/LPReligibility.htm and I quoted that particular section below:

QUOTE

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

* failed otherwise to maintain lawful status and with the proper immigration documentation, or

* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

[KarenCee 3]

Again I guess I just don't understand it....if one wants to work, why can't one apply for the EAD like everyone else does. *sigh*

[dayana_1313 0]

Again I guess I just don't understand it....if one wants to work, why can't one apply for the EAD like everyone else does. *sigh*

I never said I wasn't going to apply for an EAD. Of course I am. I was just wondering in the meantime, what would be the ramifications if I worked as a babysitter, while I waited to get my EAD. Thats all...