Unauthorized Employment after filing AOS from F-1

[Matildawr 3]

Hello,

 

I was just wondering if anyone knows anything about the 180 day exemption of unauthorized employment, I've tried googling it but the legal jargon confused me. 

 

I am on F-1 visa now, currently on my OPT which expires in February. My AOS packet will be sent in this upcoming week, including EAD application. Throigh marriage. Since I am working authorized when I send my application in, what are the laws and such on unauthorized employment after filing for AOS and you're current EAD expiring, am I exempt? 

 

I know you shouldn't work without authorization but I'm just wondering if I technically could work after my OPT EAD expires until I get my new EAD, eapecially since it seems to take longer to get EAD from AOS. A girl I spoke to said her lawyer advised her to just keep living her life and work, but what would I risk as someone who entered legally, have never worked without authorization before, I have never been out of status or broken any laws of being here legally or such, and my authorization would expire after AOS would be sent in. I would just go insane not working and my student loans kinda needs to be paid because they refuse to let me defer it for a little bit. 

 

Any advice would help, if you have links backing up what you know that would be great as well. 

 

Thanks

[geowrian 22,335]

Without a valid EAD or green card, you have no authorization to work.

The unauthorized work won't be a bar for AOS purposes Edit: as the spouse of a USC (but NOT as the spouse of an LPR...not sure which one applies to you). But it's not allowed either. The employer could get in trouble if discovered as well.

The lawyer advising somebody to violate the law is a big red flag not to heed any of their advice.

You can request an expedite of the I-765 due to a job offer / current legal job.

Edited December 2, 2018 by geowrian

[Matildawr 3]

9 minutes ago, geowrian said:

Without a valid EAD or green card, you have no authorization to work.

The unauthorized work won't be a bar for AOS purposes Edit: as the spouse of a USC (but NOT as the spouse of an LPR...not sure which one applies to you). But it's not allowed either. The employer could get in trouble if discovered as well.

The lawyer advising somebody to violate the law is a big red flag not to heed any of their advice.

You can request an expedite of the I-765 due to a job offer / current legal job.

I am the spouse of a US Citizen. So we are filing AOS based on our marriage. 

I would never lie to my employer. I value that job way too much. I was just curious about the 180 day exemption because I've heard about it. Can you explain what you mean with won't be a bar for AOS purposes? 

How soon can I request an expedite after filing the AOS application including the 765 application for new EAD? 

Would including my barcode for "renewal/replacement" of my OPT EAD help me get it faster? 

[geowrian 22,335]

4 minutes ago, Matildawr said:

I was just curious about the 180 day exemption because I've heard about it. Can you explain what you mean with won't be a bar for AOS purposes? 

The 180 day exemption doesn't apply to your case. That's for employment-based AOS. You are doing family-based AOS.

See https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter8.html

 

Quote

How soon can I request an expedite after filing the AOS application including the 765 application for new EAD? 

Generally after you complete biometrics would be a good time to do so, since they cannot approve the application without completed biometrics.

 

Quote

Would including my barcode for "renewal/replacement" of my OPT EAD help me get it faster? 

No.

Just get a letter from the employer to request the expedite.

Edited December 2, 2018 by geowrian

[Matildawr 3]

4 minutes ago, geowrian said:

The 180 day exemption doesn't apply to your case. That's for employment-based AOS. You are doing family-based AOS.

See https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter8.html

 

Generally after you complete biometrics would be a good time to do so, since they cannot approve the application without completed biometrics.

 

No.

Just get a letter from the employer to request the expedite.

Thanks for your reply! 

That cleared up some questions I had.

Would the letter be sent in after the biometrics appointment then, or with My AOS packet? 

Sorry for all the questions, this is all new to me and trying to get through all of it without legal help. 

[geowrian 22,335]

5 minutes ago, Matildawr said:

Thanks for your reply! 

That cleared up some questions I had.

Would the letter be sent in after the biometrics appointment then, or with My AOS packet? 

Sorry for all the questions, this is all new to me and trying to get through all of it without legal help. 

No problem. Ask away...that's what the forums are for.

You can request an expedite via phone. They will generally send you a request to fax them supporting evidence within several days after that. The expedite criteria typically used is "severe financial loss" (https://www.uscis.gov/forms/expedite-criteria).

You can request the expedite sooner, but IMO it would not be any faster.

 

Guide: https://www.visajourney.com/content/i130guide2

[aznhouston 124]

I think when the employer took you in with OPT, they needed to mark your end date as well, all EAD shows the expiration time on it. So they themselves would put your employment on hold first.

If you seek employment from another company, you would have to finish the I9 on the first day of work. If you don't have an EAD, they will surely rescind the offer. Unless you work at a cash paying job. But I don't recommend going this route.

Are you going to combine your income with your spouse? If so, make sure to attach a copy of the OPT card with the package and make it very clear that you are authorized to work and your income is lawfully obtained. Otherwise they will send an RFIE to ask for this and it will put your expedition request on hold.

[Matildawr 3]

16 minutes ago, hoangthaihuy said:

I think when the employer took you in with OPT, they needed to mark your end date as well, all EAD shows the expiration time on it. So they themselves would put your employment on hold first.

If you seek employment from another company, you would have to finish the I9 on the first day of work. If you don't have an EAD, they will surely rescind the offer. Unless you work at a cash paying job. But I don't recommend going this route.

Are you going to combine your income with your spouse? If so, make sure to attach a copy of the OPT card with the package and make it very clear that you are authorized to work and your income is lawfully obtained. Otherwise they will send an RFIE to ask for this and it will put your expedition request on hold.

Since I have EAD card now I will be attaching copies of all such documents, however, on the income when it comes to sponsoring me we just have my husband's income as it is enough to sponsor me. But even with his decent income, there's a lot of bills that needs to be paid that he can't do it all himself for a long time. 

 

I will probably reach out to HR in January and see what they have to say. Hoping this doesn't make me lose my position though. It's a company Nationwide and not just locally so not sure how they look at things and my value for the company. 

 

I don't wanna do anything that would deny my application though. I was just looking at options since I had heard about forgiveness from USCIS if you work unauthorized when marrying a USC.  

[geowrian 22,335]

Forgiveness and legality are 2 different issues.

The only legal option is to stop working if your status expires without getting a new EAD.