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Ad175

Unauthorized employment

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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

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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 by TheSkywalkers

K1 Visa Timeline (4 months / September 2016 to January 2017):

Sept 23, 2016 - I-129F Packet sent to USCIS via USPS

Sept 28, 2016 - NOA1 email/text
October 5, 2016 - Received the written NOA1. 
October 28, 2016 - Received NOA2 via mail
November 17, 2016 - Called NVC and got case #
November 19, 2016 - Case status changed from At NVC to In Transit
November 26, 2016 - Case status changed from In Transit to Ready
December 22, 2016 - Packet 3 received. 
January 07, 2017 - Medical Exam, 8am - PASSED!
January 25, 2017 - Interview, 8am - APPROVED!!!
January 30, 2017 - Visa on Hand! 

Our K1 Visa Process on our blog: https://happilyhaberlafter.wordpress.com/2018/04/21/k1-visa-process/

 

AOS Timeline (4 months / April 2017 to August 2017):

April 11, 2017 - Dropped off packet at USPS
April 13, 2017 - Delivered at USCIS
April 22, 2017 - NOA1 via text and email received with case #s
April 27, 2017 - NOA1 Hardcopies received
May 6, 2017 - Biometrics Appointment Letter Received
May 18, 2017 - Biometrics done
June 1, 2017 - Case Ready to be Scheduled for Interview
July 21, 2017 - Interview is Scheduled for August 28

July 29, 2017 - EAD/AP Approved

August 4, 2017 - EAD/AP on Hand!

August 28, 2017 - AOS Interview, 1:15PM - APPROVED!!!!

September 14, 2017 - Greencard on Hand! 

Our AOS Process on our blog: https://happilyhaberlafter.wordpress.com/2018/05/13/adjustment-of-status-greencard-application/

                                                     SEE YOU IN 2 YEARS, USCIS! 

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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.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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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.


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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