180 day rule with expired Visa

[Justin Jamandre 1]

Hi everyone, so my wife and I are now married and have finally mailed out our I-485 package along with the I-765.

Although her visa is expired, can we still avail of the 180 day rule of employment as we are planning for a part time job.

I'm really confused about this because what about the IRS and reporting income?

Can you guys please clarify for me?

Thank you and much blessings to all.

[Hypnos 6,576]

She will need an EAD before she can legally work, unless she currently has a valid status granting her the ability to accept employment (L-1, H-1B, etc.).

Edited December 5, 2016 by Hypnos

[Justin Jamandre 1]

Ah ok I see.

So is the 180 day a myth?

I've been hearing about that but don't really want to take the risk.

She has a social security card at the moment with a stamp that says eligible for work but we are also awaiting the change of last name for it which will be processed once we receive confirmation from the AOS package.

[f f 725]

does her ss card say "valid for work with dd authorization" ? that only means that she can work once she gets her EAD. the only 180 day I know of is the one that gets you a 3 year bar from entry if you overstay your visa by that much. not to worry with a pending i485 she is allowed to be in the us till it is decided upon.

good luck

[Unlockable 7,306]

Are you sure it ONLY says eligible to work?

Read the while card. It may say "Eligible to work only with DHS authorization."

The "only with DHS authorization" is on the second line of the card and people tend to stop reading after the first line.

But like said, she needs authorization to work. Never heard of a 180 day rule.

[Hypnos 6,576]

Unsure what 180 day rule to which you are referring.

[Justin Jamandre 1]

You guys are right, it says "with DHS authorization.