How to work while waiting for papers

J

janedoh

Registered Users (C)
I am out of status and will be filing for GC papers this month through my spouse. We had dated for 5yrs and got married last July. It's legit.

Problem is, I might have to start a job before my work authorization papers come through.
I have an interview tomorrow and need a way to frame my status, so that I can get the position.
How would I fill out my 1-9 papers? Is there a way I can fill them out and come back to fix them when I get approved to work?

PLEASE send me a message if you don't want to post suggestions in the open.





(Please spare me any moral judgment lectures on working. It's easy to do when you're not in my situation)
 
You don't fill out the I-9 until you actually start working. So your strategy needs to focus on delaying your start date, if you get the offer.

You got married in July ... is there something about your situation that prevented you from applying for the green card months ago?
 
Thanks Jackolantern,

I may not be able to delay the start date for too long. I am just preparing a strategy for interview questions and eventually the 1-9.

We've been putting together the money for the applications.
 
janedoh said:
when you're not in my situation
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Hey, I don't want to judge or assume anything. Things are pretty hard these days. But that is not to say you have absolutely no other options. If you don't mind, can you please explain your situation. I understand how sometimes you feel like the walls are closing in, and feel cornered, that taking that job is the only option. If you would prefer to PM to discuss this, then I won't mind. I really would like to help. Sometimes I felt that things were going to get worse than they really were, then when I took a step back and looked at the whole picture I realized that there are other options I can choose from.

regarding your interview, I can suggest that you explain your situation to the interviewer, and trust me, there are people out there who are more understanding than you can imagine, and they'll take it into consideration and if they're not hard pressured to hire someone sooner than later, then they might give you that chance. One thing that will help you know that will work in your favor, is at the interview you can simply ask if it's an immediate job position or if they're simply looking to replace someone.

I hope this helps.
 
djhash said:
Hey, I don't want to judge or assume anything. Things are pretty hard these days. But that is not to say you have absolutely no other options. If you don't mind, can you please explain your situation. I understand how sometimes you feel like the walls are closing in, and feel cornered, that taking that job is the only option. If you would prefer to PM to discuss this, then I won't mind. I really would like to help. Sometimes I felt that things were going to get worse than they really were, then when I took a step back and looked at the whole picture I realized that there are other options I can choose from.

regarding your interview, I can suggest that you explain your situation to the interviewer, and trust me, there are people out there who are more understanding than you can imagine, and they'll take it into consideration and if they're not hard pressured to hire someone sooner than later, then they might give you that chance. One thing that will help you know that will work in your favor, is at the interview you can simply ask if it's an immediate job position or if they're simply looking to replace someone.

I hope this helps.
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i'd suggest getting in touch w your congressman to expedite the work permit. expaln the situation with your offer letter. It has worked for some on the forum.
 
Thanks for your replies.
Yes, times are hard and I just need to make a living.

I'd rather not tell the interviewer because on one hand she could be very understanding, and on the other hand, she could be a right wing nut who lands me in deportation proceedings before I can file my papers :) I'm about 2 wks away from filing.

Writing to my congressman...hmmm good idea, thanks.
 
Actually what you should do is go to your congressman's site, fill up the privacy notice form and fax the info. Include all your pertinent info with request to expedite the application. make sure you include dates as to when you have the job offer. With this economy, I wouldn't be surprised your application is approved on time!
 
Great, thanks.

What would be the best way of filling the I-9 form if forced to start soon? I get the feeling this might be a time-sensitive job, but I won't be sure until the interview....
 
Don't ask if it's a time sensitive job. What you should do if you get the offer is first delay your response. Then when you accept, tell them you can only start in March. They will pressure you to respond to the offer fast and start sooner, but very often they're bluffing. Once they've gone through the recruiting process and picked somebody, they don't want to interview more people or go to the second-best person. If it is not a seasonal or temp job, many employers will wait if you stand firm, despite the pressure they apply to you.

If you cave in to the pressure to start soon, you're guaranteed to fail because you won't get your EAD fast enough. But if you can get them to delay your start date to March, even if you don't have the EAD in hand you'll know it should arrive within another few weeks. The company's own bureaucratic slowness might cause them to forget about your I-9 for a couple weeks, and/or by showing them the EAD receipt and I-485 receipt you'll have a chance of convincing them to delay the I-9 by a few weeks. Whereas if you cave into their pressure and start this month, you won't have any cards in your hand to buy a delay.
 
Why would you even consider working illegally - especially since you know better - when it will complicate your life later? There is always another job. In fact, by working illegally you are placing your employer at risk odf a problem with immigration officials and possible legal action against him; it is a sure way to be fired "for cause". (Why would an employer want such an employee when there are hundreds or thousands more who would not have place him in that position!) Be honest about your situation; it is the legal and moral thing to do.
 
Provided that you are filing as the spouse of a USC, once you file for adjustment you are OK to work and even IF you did work unlawfully, it will not stop adjusment of status.

Your problem is dealing with the prospective employer...

You are now out of status but did not indicate the prior status. Did you already get a SSN, unrestricted? Did you get a DL? Once you file the AOS package which includes an application for an EAD (I-765) for a (c)(9) card, you will at least have the reciept notice to persuasde an employer to work with your situation.

8 CFR § 245.1 Eligibility.

(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.

(b) Restricted aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and §245.10, is not included in the categories of aliens prohibited from applying for adjustment of status listed in §245.1(c), is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status:

(3) Any alien who was not admitted or paroled following inspection by an immigration officer; [You had a lawful entry.]

(4) Any alien who, on or after January 1, 1977, was employed in the United States without authorization prior to filing an application for adjustment of status. This restriction shall not apply to an alien who is:

(i) An immediate relative as defined in section 201(b) of the Act;

INA 201 (b)

(2)(A) (i) Immediate relatives. - For purposes of this subsection, the term "immediate relatives" means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. .................
 
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my suggestion is to never turn down the interview because of your status. Sometimes, you might go on a second, or even a third interview, which can take a month or so... and then, once you receive an offer, they base it on the fact that you clear a background check, drug tests, etc, and they usually give you a few weeks for that before your start date.. and the i-9 you dont fill out until the day you start, so you have sometime. But try to write the congressman a letter as well.
wish you the best of luck!
 
Jackolantern said:
If you cave in to the pressure to start soon, you're guaranteed to fail because you won't get your EAD fast enough. But if you can get them to delay your start date to March, even if you don't have the EAD in hand you'll know it should arrive within another few weeks. The company's own bureaucratic slowness might cause them to forget about your I-9 for a couple weeks, and/or by showing them the EAD receipt and I-485 receipt you'll have a chance of convincing them to delay the I-9 by a few weeks. Whereas if you cave into their pressure and start this month, you won't have any cards in your hand to buy a delay.
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They are having a big event in March which I believe they'll need me for, so this may be an issue. It's apparently in another state, so will I run into immigration problems if I fly if I don't have my EAD by March? I should have the receipt by then right? Should I not take the chance by flying? I'm assuming they check immigration status when you are boarding...right?

I wish I'd found this forum sooner. I would have sought you guys' advice sooner, because I saw your reply (quoted above) after my morning interview. I think I've sabotaged myself now by saying I'd be available to work asap. Maybe I can say I'm in the process of replacing a lost EAD - to buy me time?


BigJoe5 said:
You are now out of status but did not indicate the prior status. Did you already get a SSN, unrestricted? Did you get a DL? Once you file the AOS package which includes an application for an EAD (I-765) for a (c)(9) card, you will at least have the reciept notice to persuasde an employer to work with your situation.
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I came in on an F1 visa and I have a valid DL. I have also SSN with work restrictions.
I'm worried they'll be reluctant to work with me because it would be illegal to hire me before approval.


pbc said:
my suggestion is to never turn down the interview because of your status. Sometimes, you might go on a second, or even a third interview, which can take a month or so... and then, once you receive an offer, they base it on the fact that you clear a background check, drug tests, etc, and they usually give you a few weeks for that before your start date.. and the i-9 you dont fill out until the day you start, so you have sometime. But try to write the congressman a letter as well.
wish you the best of luck!
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Yes, there will be a 2nd interview if I make it through to that stage. I have a good feeling about my prospects because I was introduced to upper management, told in detail about certain projects they are working on, and given plenty of other signals that their response was positive. I don't think as much time (2.5hrs) would be taken with me if they weren't interested. There will also be multiple background checks so that will also buy me time.

Fingers crossed.
You guys have been so helpful. THANK YOU.
 
janedoh said:
They are having a big event in March which I believe they'll need me for, so this may be an issue. It's apparently in another state, so will I run into immigration problems if I fly if I don't have my EAD by March? I should have the receipt by then right? Should I not take the chance by flying? I'm assuming they check immigration status when you are boarding...right?
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They don't routinely check immigration status when boarding a domestic flight; showing the DL should get you through the check-in and security lines. However, sometimes in the area where you wait to board, there are immigration agents roaming around, randomly asking about immigration status. If that happens, show your DL and I-485 receipt and you'll be OK.

I came in on an F1 visa and I have a valid DL. I have also SSN with work restrictions.
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That is very good for two reasons:

1. If you find yourself forced to start work before you have the EAD, when it is I-9 time you can show your SSN card + DL + I-485 receipt. That will calm their fears about you being here illegally. Say that you're here legally with a green card in progress but now you're just waiting on your employment card which should arrive within a few weeks. That way they'll either let you suspend your working for a few weeks, or let you work while you wait for the EAD. But for that to succeed, you have to delay your start date so the EAD will arrive very soon after you start. Don't start before March.

2. You've been here with an F1, so by now presumably you are a college graduate. That means the jobs you interview for will generally have a much longer interview and recruitment process than a regular $9/hour mall job, and the amount they'll pay makes it more important to hire the best person. And the increased length of the process (multiple interviews, signoffs by HR and different levels of management to get you hired, etc.) buys more time for you.

That means once you get the offer, that gives you more leverage to delay your response, and to delay the start date. They won't want to go to the second or third-best person, and they won't want to go back to HR and other management to get approval for the next best guy. If they give you two days to reply, tell them you need a week to think about it. If they give you a week, tell them you need two. If they won't budge on giving you more time to think, tell them you can accept the job now if they'll let you start on April 1st or later. If they need you to start before that, say you'll need more time to look at your situation to determine if you can start before April (but if they give you March 15th or later, accept that).

If you didn't already negotiate a start date as I just mentioned, and you took the week or two or whatever to think over the offer, when you reply tell them you'll accept but on the condition that you start on April 1st or later. They'll ask why, and they'll probably say how come you told them you can start ASAP. Reply by saying you have some important personal things you need to take care of before you start, and they're taking longer than you want, and you want to get them out of the way before you start working, so your work won't be interrupted because of it.

But tell them that there is a possibility of completing it before April, but you can't know that ahead of time, and you'll let them know if things work out fast and you're able to start before April. They might not agree to April 1st, but by asking for April 1st they'll be more likely to agree to March 1st or March 15th. Whereas if you directly asked for March 1st they'll push you to Feb 15th.
 
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Stand firm with your start dates, don't let them push you to start in February. If you start in Feb you're doomed anyway, so don't be afraid to insist on March or April.

And make sure you don't make a mistake or forget any documents when you file the I-485. After double checking everything, sleep on it and check it again the next morning and have your wife also check the papers. One small thing can cause a big delay. Post the list of what you're sending so we can point out if you're missing anything or if something there is redundant (sometimes sending too much can be a problem).
 
Jackolantern said:
Stand firm with your start dates, don't let them push you to start in February. If you start in Feb you're doomed anyway, so don't be afraid to insist on March or April.

And make sure you don't make a mistake or forget any documents when you file the I-485. After double checking everything, sleep on it and check it again the next morning and have your wife also check the papers. One small thing can cause a big delay. Post the list of what you're sending so we can point out if you're missing anything or if something there is redundant (sometimes sending too much can be a problem).
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Thanks, that's very helpful.
I went to an immigration lawyer who told me to send:

Forms:
I-130
I-485
I-765
G-325A: one for spouse/sponsor, one mine
G1145
I-864
I-693 (sealed envelope)
Check for $1490 (lawyer said fee for 1-765 is waived if all forms are sent together)
4 pics of me, two of spouse

Attachments (1 copy of each):
spouse's certificate of naturalization (USC)
my passport (ID page, renewal page and visa)
my I-94
certified copy of marriage certificate
my birth certificate
Transcript of tax form


Should I include a copy of my:
SSN card
old I-20
old EAD card and approval letter (got OPT after graduating college)
spouse's birth certificate
affidavits of knowledge of bonafide marriage from relatives (or wait till interview)
 
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The forum members would have told you all the forms to file, provided we know your immigration status and that of your spouse. Visiting a lawyer cost you money, but this forum has been free since I joined in 1923.

Don't work or even lie about your immigration status in the I-9, it will ruin your immigration status in the US forever. For example, if you claim to be a US citizen in the I-9 and you are found, you will be deported and barred in the US permanently. You don't have to start your job next week with a lie, you don't have any authorization to work in the US, so just wait till your EAD is issued. You are looking at 4 weeks, from date of filing till your notice of actions are issued.
 
Thanks for your input.
The lawyer did it pro bono.

I'll never claim to be a citizen to get the job. I may not even get the job anyway...
 
janedoh said:
Should I include a copy of my:
SSN card
old I-20
old EAD card and approval letter (got OPT after graduating college)
spouse's birth certificate
affidavits of knowledge of bonafide marriage from relatives (or wait till interview)
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Don't send any of those, but bring them (originals) to the interview just in case they are asked for.
 
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