I-765 (Authorization for Employment) Problem

[McGoody 0]

So my fiance got here in April and we married on June 1st (K-1) Visa. She has not yet gotten the Authorization for Employment from DHS because we've just sent out the AOS documents, but she has a job offer. If she accepts, and works, will she be out of status and eligible for deportation? Do we have any option besides simply say she can't work until hear back from USCIS/DHS?

[cinyou 4]

She can't work until she receives an EAD or her status is adjusted.

You can try to expedite the EAD since you have an offer already.

[Dave&Roza 748]

So my fiance got here in April and we married on June 1st (K-1) Visa. She has not yet gotten the Authorization for Employment from DHS because we've just sent out the AOS documents, but she has a job offer. If she accepts, and works, will she be out of status and eligible for deportation? Do we have any option besides simply say she can't work until hear back from USCIS/DHS?

The problem is that the employer needs to complete the I-9 form. Go here to have a look at this form. Please look carefully at the required documents in List A. IF you do not have one of those then you need a List B and List C document. If she went to the SSA to get her SSC on the K-1 visa it will have written on it the words "NOT VALID FOR WORK WITHOUT DHS AUTHORIZATION". That authorization is in the form of the EAD or GC. That is the major downside to the K-1 visa--you cannot legally work until the EAd or GC is received and that takes a while after filing the AOS package.

Good luck,

Dave

[HK12 273]

So my fiance got here in April and we married on June 1st (K-1) Visa. She has not yet gotten the Authorization for Employment from DHS because we've just sent out the AOS documents, but she has a job offer. If she accepts, and works, will she be out of status and eligible for deportation? Do we have any option besides simply say she can't work until hear back from USCIS/DHS?

She cannot work until she has either her 1) Employment Autorization, or 2) Green Card. It is illegal to work without a valid form of work permit. As Dave & Roza mentioned, your fiancée will have to fill out form I-9, and her employer will be responsible for verifying her eligibility to work. If employers hire someone without a valid work permit, they might get into DEEP trouble.

I just recently heard that if someone already has a job offer, they may try to expedite their EAD case with USCIS, so you might try this.

[cinyou 4]

Good news:

My EAD was just approved.

You could expedite yours like I did.

It really works!

Cin

[KazuriSana 324]

If the prospective employer really needs her, they can surely keep the offer open for the few weeks it takes to get the EAD.

[cleverodra 1]

How did you expedite your EAD?

Thanks

[KayDeeCee 4,892]

How did you expedite your EAD?

Thanks

They have never answered anyone that inquires about how they went about getting the expedite. Here is the post that told them how to go about it though > http://www.visajourney.com/forums/topic/438209-early-walk-in-biometrics-speeds-up-ead-or-not/?p=6329964

[cleverodra 1]

As always, thanks for the help!