Working while EAD in Production?

[Natreezy 6]

I've seen all over this forum that I cannot work until I physically have my EAD. However, my employer said that I am clear to work, and I just called USCIS and they said I can work if my card in is production as long as my employer says it's okay. Does anyone have history working before having their physical EAD?

[sparkles_ 456]

17 minutes ago, Natreezy said:

I've seen all over this forum that I cannot work until I physically have my EAD. However, my employer said that I am clear to work, and I just called USCIS and they said I can work if my card in is production as long as my employer says it's okay. Does anyone have history working before having their physical EAD?

Did you speak to a tier 1 or an actual IO tier 2 when you called USCIS? The level 1 guys, you should not take their word on such things. IMO, I would not risk it and wait the extra 7-10 days for it to arrive in hand. Hopefully someone can chime in with more info.

[Natreezy 6]

What's the difference? I believe it was a Tier 1 because I didn't ask to speak to anyone higher. Honestly though, if both my employer and USCIS are saying it's okay, I'm leaning towards starting. What are the consequences? I'm rushing because I may not have the job in 7 days...

[sparkles_ 456]

20 minutes ago, Natreezy said:

What's the difference? I believe it was a Tier 1 because I didn't ask to speak to anyone higher. Honestly though, if both my employer and USCIS are saying it's okay, I'm leaning towards starting. What are the consequences? I'm rushing because I may not have the job in 7 days...

A large difference. One is just a customer service rep., the kind of job any high school graduate could get. A tier 2 is an actual immigration services officer. You should call back, ask to be transferred to a tier 2 officer and ask them. If they say OK, I would probably be ok with it. Make sure you ask if it would be considered working illegally. If you already have an SSN it might be possible. You could also see if your EAD was sent with tracking, a tier 2 could give you that or tell you if its already in the mail. Ours arrived in 4 days so you might not have a long wait.

 

I don't really know the consequences besides risking working without permission. You can go to your congressional representative and request an expedite based on financial loss AKA your job offer won't stand past that 7 days. 

Edited September 6, 2017 by sparkles_

[geowrian 22,335]

Nobody at USCIS' customer service center is allowed to provide legal advice, so even if they say something is allowed and it really isn't, you can't point the finger at them. That's just how it works...you're bound by the law, not what they say.

 

That said, I personally don't see the issue with working so long as you are approved. The employer, however, is the one really on the hook since he/she has a requirement to verify that his/her employees are authorized to do so.

[Crazy Cat 39,137]

To be honest, USCIS is not known for their accurate answers on the phone.  Good luck in your decision.

[Californiansunset 332]

1 hour ago, Natreezy said:

I've seen all over this forum that I cannot work until I physically have my EAD. However, my employer said that I am clear to work, and I just called USCIS and they said I can work if my card in is production as long as my employer says it's okay. Does anyone have history working before having their physical EAD?

I had the exact same issue as you do. My employer had already waited a month and wanted me to start working the moment it said approved. I was told on VJ that I need to have the card physically in hand... but then again if your are authorized to work, you are authorized to work and should be able to work without having the card in hand if your employer is fine with it. I ended up waiting the 7 days it took to arrive. Well... I started working the day the tracking said it was going to arrive at my house...

 

But I agree with what the others say on here: DON'T ever believe what a USCIS customer rep says to you! Ask to be transferred to an IO on the phone! 

[Natreezy 6]

2 hours ago, geowrian said:

Nobody at USCIS' customer service center is allowed to provide legal advice, so even if they say something is allowed and it really isn't, you can't point the finger at them. That's just how it works...you're bound by the law, not what they say.

 

That said, I personally don't see the issue with working so long as you are approved. The employer, however, is the one really on the hook since he/she has a requirement to verify that his/her employees are authorized to do so.

Thanks! My main concern is it would mess up something in my interview by my employer insists its okay. Its a large organization too..so I assume they've done their research.

[Natreezy 6]

Thanks for the advice guys..I think I'll take the weekend to make a decision, maybe it will be here by then! For those who mentioned it I was just recently approved for an expedite...

[Natreezy 6]

For those wondering, I called a Tier 2 and they said the same thing. It's up to my employers, but I'm not at risk if they're okay with me working while card is in production.

[geowrian 22,335]

18 minutes ago, Natreezy said:

For those wondering, I called a Tier 2 and they said the same thing. It's up to my employers, but I'm not at risk if they're okay with me working while card is in production.