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Natreezy

Working while EAD in Production?

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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?

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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.


**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2016.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 

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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...

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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 by sparkles_

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2016.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 

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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.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
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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! 

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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.

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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.

:thumbs:


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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