Help please!

R

rubinop

Registered Users (C)
I applied for the GC through my husband, a US citizen, as well as for the EAD. I received the Notice of Action (I-797C) for it, but not the actual EAD yet (I expect it by mid-December).
My question is: can I start working with the Notice of Action, without the actual EAD? I got a great job offer today, and I asked the same question to my lawyer, and he said that I can work, but I am not so sure.
Please help.
 
Don't even try it. Its incorrect, illegal and someone may report you.You will be in a difficult situation if that were to happen. Once you get the EAD, go ahead.
My 2 cents
 
How can you say that it's illegal?
In the form I-9 that all employer have to file when they hire someone new, is written: "If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the documents within three business days and the actual document(s) within ninety (90) days"....
 
employer is filing and that is why you can start working for the same employer! This is not the case with EAD. No employer is filing for you. You are getting through your husband.

Ask that employer to wait for 3-4 months else say good bye to that company and job!!!
 
I don't think you understood. The employer HAS to file I-9 for any employee, citizen or not. It's the law. And I know I am getting the GC through my husband. As you see, my question was different..never mind.
 
rubinop said:
I don't think you understood. The employer HAS to file I-9 for any employee, citizen or not. It's the law. And I know I am getting the GC through my husband. As you see, my question was different..never mind.
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Was the I-797 that you received an approval notice, or merely a receipt? If it is the latter you cannot work. A pending EAD application does not provide employment authorization.
 
rubicon,You may be right, but the document list in LIST A,B,C, it does not say the NOA I 797 for the I 765.

Also, it says that you should be eligible to work. till you have the EAD, you can not even get the SSN, so I wonder. Maybe someone else may be able to throw light on this.
"If employees are authorized to work: Just because one has filed for it does not establish eligibility yet. lets see what others have to say. If you are right, I would be more than happy for you and all of us waiting.
 
what i dont understand is folks who have worked illegally before applying for AOS have not run into any trouble after marrying an US spouse, how is this any different then that, as long as you have a SSN you can work while your case is in process, I think and of course I am not a lawyer.
 
I agree with you, also because I already have a SSN (which, by the way, you can obtain before you receive the EAD card, as long as you have the biometrics taken..). Being married to a US citizen, makes you immediately eligible for work, but not authorized yet, until you apply for the EAD. At least, this what my lawyer said.
 
rubinop you can not work just based on 797...receipt is no way a proof that your application is approved. If your employer is willing to file a work visa ...yes you can then work.
 
Thats great rubinop,
does your SSN say you are authorized to work or not for employment purposes?
 
being married to an USC does NOT make you elegible for employment. Nor to get a SSN either. You just have to wait, like everybody else who abides the law.
 
rubinop said:
Being married to a US citizen, makes you immediately eligible for work, but not authorized yet, until you apply for the EAD. At least, this what my lawyer said.
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a really-really good piece of advice for you - get a different lawyer. Yours (mildly put) doesn't know what he is doing.
 
rubinop said:
I agree with you, also because I already have a SSN (which, by the way, you can obtain before you receive the EAD card, as long as you have the biometrics taken..). Being married to a US citizen, makes you immediately eligible for work, but not authorized yet, until you apply for the EAD. At least, this what my lawyer said.
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Rudinop,
i wouldn't go as far as claiming that marrying an US spouse makes you eligible immediate to work, but I have not seen any post where the IO asked a question about weather you worked legally or illegally at the time of interview. For instance I know folks who were employed before their marriage and continued working without authorization while applying for GC, however I don't anyone who started after applying for GC and before getting their EAD. So, may be after your experience we can find out what the real deal is, and PAL thanks for taking one for the team :)
 
beemer8 said:
i wouldn't go as far as claiming that marrying an US spouse makes you eligible immediate to work
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Nor should anyone. Marriage to a US citizen does not give you employment authorization, nor does it (on its own) give you the ability to apply for employment authorization. The I-485 does that.

but I have not seen any post where the IO asked a question about weather you worked legally or illegally at the time of interview. For instance I know folks who were employed before their marriage and continued working without authorization while applying for GC, however I don't anyone who started after applying for GC and before getting their EAD
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Unauthorized employment cannot be used as a grounds for denial of an Immediate Relative I-485 petition, so most IOs don't ask about it. It's incredibly important, however, if asked, that you tell the truth about it since a false statement certainly is grounds for denial.
 
PraetorianXI said:
being married to an USC does NOT make you elegible for employment. Nor to get a SSN either. You just have to wait, like everybody else who abides the law.
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Actually, once my son got the biometrics taken, at the fingerprints office, the officer said that I could have gone to the Social Security office and ask for the SSN for my son, because he had the bios already taken, so, even without the EAD (which he applied for) you can still get a SSN, valid for work.
 
rubinop said:
Actually, once my son got the biometrics taken, at the fingerprints office, the officer said that I could have gone to the Social Security office and ask for the SSN for my son, because he had the bios already taken, so, even without the EAD (which he applied for) you can still get a SSN, valid for work.
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He could also have told you that the moon was made of green cheese. :)

The only thing the folks at the ASCs are remotely authoritative about is the taking of biometric data.
 
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