Unauthorized employment

[Ad175 0]

Ok so my husband came here on k1 fiance visa , so of course we're married now. A few weeks ago we applied for a job at a temp service.... E-verify came back with a tentative nonconfirmation. His records didnt match from what the job put in the system basically. We just recently realized he isn't approved for work until he has a work permit. He has never worked since being here...only did applications before we knew he couldn't work .He also had a interview but we cancelled on it. My question is will uscis be able to use that as a unauthorized employment when applying for the change of status.please help

[Jordan8768 107]

Just tell them the truth and it won't be a problem 

[TheSkywalkers 143]

10 minutes ago, Ad175 said:

Ok so my husband came here on k1 fiance visa , so of course we're married now. A few weeks ago we applied for a job at a temp service.... E-verify came back with a tentative nonconfirmation. His records didnt match from what the job put in the system basically. We just recently realized he isn't approved for work until he has a work permit. He has never worked since being here...only did applications before we knew he couldn't work .He also had a interview but we cancelled on it. My question is will uscis be able to use that as a unauthorized employment when applying for the change of status.please help

He did not work, just had interviews, If he accepted a job offer without a permit, that's a different story. USCIS will not be happy with that, esp now that the current administration is very big on illegal employment and illegal immigrants. I am not saying that your spouse is an illegal immigrant because he isn't, but if he accepts any job offer without a permit, he will fall under the category of being  "illegally employed."

Edited September 24, 2017 by TheSkywalkers

[Scandi 3,970]

No that won't be an issue at all, many people apply for jobs without having a permit - usually after they have filed for AOS and a work permit so they can use a job offer to expedite their application for the work permit. 

 

Even if he had worked it wouldn't have been a huge issue, it's an issue for the employer, not so much the employee. I would NOT recommend working without a work permit though.

[geowrian 22,335]

It shouldn't be used against him since he never actually worked.

 

Moving forward, research what is and is not allowed on a status. e-Verify caught this, but not all companies use e-Verify.