Working with NOA approval while waiting for EAD card?

[BarryLovesAdri 20]

So we got my wife's EAD expedited and got the approval (based on financial hardship due to a job offer she could miss out on). It was approved on the 24th of June, and the NOA stated the dates were from then to June of next year, but so far, we have not received the card. We had gotten help from our congresswoman's office for the expedite, and my wife asked the guy who handled our request in the congressional office if she could start working while waiting for the card. His response was, "As for working, that would be a decision of the your [sic] employer."

That seemed a little indirect of a response to me. He seems to be indicating that she is legally able to work if the employer is amenable, but of course they are amenable. They made her a job offer! They want her working for them. And he didn't directly address the legality of it. He just said it's a decision for the employer. It makes me wonder if he understood the question or actually has given her the correct answer. So I'm submitting the same question here in the forums for hopefully a more straightforward response. My wife's EAD application has been approved. We have a NOA stating as much, but we don't have the EAD card yet. Can she start working?

[payxibka 10,044]

Just now, BarryLovesAdri said:

So we got my wife's EAD expedited and got the approval (based on financial hardship due to a job offer she could miss out on). It was approved on the 24th of June, and the NOA stated the dates were from then to June of next year, but so far, we have not received the card. We had gotten help from our congresswoman's office for the expedite, and my wife asked the guy who handled our request in the congressional office if she could start working while waiting for the card. His response was, "As for working, that would be a decision of the your [sic] employer."

That seemed a little indirect of a response to me. He seems to be indicating that she is legally able to work if the employer is amenable, but of course they are amenable. They made her a job offer! They want her working for them. And he didn't directly address the legality of it. He just said it's a decision for the employer. It makes me wonder if he understood the question or actually has given her the correct answer. So I'm submitting the same question here in the forums for hopefully a more straightforward response. My wife's EAD application has been approved. We have a NOA stating as much, but we don't have the EAD card yet. Can she start working?

Review the I-9 requirements.   Most employers wont let you begin until you are able to complete that form

[BarryLovesAdri 20]

2 minutes ago, payxibka said:

Review the I-9 requirements.   Most employers wont let you begin until you are able to complete that form

She filled out the I-9, and the employer is satisfied with the NOA as verification until the EAD card has arrived.

[payxibka 10,044]

Can't imagine what List A document that was used, but that is the employers problem 

[Ontarkie 13,937]

~~Moved to Working and Traveling, from K1 P&P - this is not a K1 processing topic but a Working while EAD is processed problem.~~

[BarryLovesAdri 20]

Just now, Ontarkie said:

~~Moved to Working and Traveling, from K1 P&P - this is not a K1 processing topic but a Working while EAD is processed problem.~~

Apologies for the incorrect attribution. Thanks.

[geowrian 22,336]

Technical they are authorized to work so that's fine.

 

As noted, the I-9 is the issue. She would lack a qualifying document...the NOA2 is not on the list of acceptable documents: https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents

The employer would be the one that could be penalized for hiring her without sufficient documentation. https://www.uscis.gov/i-9-central/penalties

[igoyougoduke 1,609]

1 hour ago, BarryLovesAdri said:

So we got my wife's EAD expedited and got the approval (based on financial hardship due to a job offer she could miss out on). It was approved on the 24th of June, and the NOA stated the dates were from then to June of next year, but so far, we have not received the card. We had gotten help from our congresswoman's office for the expedite, and my wife asked the guy who handled our request in the congressional office if she could start working while waiting for the card. His response was, "As for working, that would be a decision of the your [sic] employer."

That seemed a little indirect of a response to me. He seems to be indicating that she is legally able to work if the employer is amenable, but of course they are amenable. They made her a job offer! They want her working for them. And he didn't directly address the legality of it. He just said it's a decision for the employer. It makes me wonder if he understood the question or actually has given her the correct answer. So I'm submitting the same question here in the forums for hopefully a more straightforward response. My wife's EAD application has been approved. We have a NOA stating as much, but we don't have the EAD card yet. Can she start working?

if you have the approval letter and not the card,  you can work. if you dont have the approval letter but only the online notification that its ambiguous to interpretation. 

[retheem 553]

Technically speaking you can work since you have the approval.