Legal ways of having an income while on extension of stay pending visa number

[visausagreen]

Hello, I currently applying for Permanent Residency through PERM, if my I140 is successful I am hoping to be able to remain in the US (I am currently here on a J1 - no 2 year HR requirement) while I have to wait for a visa number - as I am only a EB3 - skilled worker and british I am expecting to have to wait many years for a visa number. Although I realise I will not be able to take paid employment, I currently work for the employer sponsoring me - am I legal to keep working without pay - can my pay be accumulated and paid to me when an EAD is available to me? Or can I even extend my EAD with my extension of stay? Would it be legal to start a company and be paid that way. Any help would be appreciated.

 

[loose]

Hello, I currently applying for Permanent Residency through PERM, if my I140 is successful I am hoping to be able to remain in the US (I am currently here on a J1 - no 2 year HR requirement) while I have to wait for a visa number - as I am only a EB3 - skilled worker and british I am expecting to have to wait many years for a visa number. Although I realise I will not be able to take paid employment, I currently work for the employer sponsoring me - am I legal to keep working without pay - can my pay be accumulated and paid to me when an EAD is available to me? Or can I even extend my EAD with my extension of stay? Would it be legal to start a company and be paid that way. Any help would be appreciated.

Frankly I was wondering about the same thing...
I guess I cloud participate as volunteer in Medical/Physiological/Psychology studies preformed in most of Research facilities around the States. It is not a real work and you don't get paid but there is compensation for "your time"....

Well I'm just guesting, so you should make research of your own
In my cause I'm not allowed to work already for 2 month (my EAD renewal is hanging in TSC) and I if it keep going like this for some more time I see clearly myself doing illigal jobs...

 

[hopefulH1B]

To Loose

Yes, I am the same - I am wondering how they can find out that you are working if you are not actually employed and "on the books" so to speak. I am sure there are plently of people out there doing it!

 

[loose]

Yes, I am the same - I am wondering how they can find out that you are working if you are not actually employed and "on the books" so to speak. I am sure there are plently of people out there doing it!

Dude!

Nobody will give you a chance to work something high qualified illegally.
So if you start work as dishwasher illegally you will be kind of criminal ...
Smooth but still criminal!

Personally I just want to be able to pay my bills till I'm here. I don't wont to be GC holder or something. I come here as temporary visitor and that is OK for me but it is kind of expensive to stay here for long time without incomes...
Also I'm capable of something more than dish washing or work as a mover or docker cause I got a PhD

Keep you chin up the world is not only USA.
I know ppl here which spend their entire life just in one city, one time zone, one state. I can't be like them and I won't violate any rules here no matter what I think about them!

It is easily to understand that if you are so called "alien" all things should be harder for you. But we have to admit that in some occasions there are really annoying situations, policy and rules here....

 

[GotPR?]

am I legal to keep working without pay - can my pay be accumulated and paid to me when an EAD is available to me?

No, working w/o authorization is not legal. It does not matter if you are paid or not.

 

[visausagreen]

ways of "working" legally while awaiting EAD

Can anyone define "working" surely if you want to go and help out your local charity that cannot be denied?? what is one supposed to do and how do USCIS keep tabs on this sort of thing. What if you were buying and selling cars -is that "working" - what about owning a business?

 

[GotPR?]

Can anyone define "working" surely if you want to go and help out your local charity that cannot be denied?? what is one supposed to do and how do USCIS keep tabs on this sort of thing. What if you were buying and selling cars -is that "working" - what about owning a business?

Charity is fine, if it was volunteer and not being paid. But most of the work at employer(which employs people w/ payment) is considered productive work and not allowed w/o authorization. Look around. If there is anybody who is employed w/ compensation, you can not be employed by them even w/o payment.

In your case, you should be worried about your non-immigrant status before worrying about EAD so much. If your PD is not old enough, and your J status is expiring soon, you can not stay in the US to wait for visa number, and EAD is just a piece of plastic. Extension or COS is very likely denied if you have already applied I140.(You have to disclose that fact in I-539).
Only way to stay is having H1 or L1 in that case, and then you do not need to worry about EAD as H1/L1 is work visa.

 

[visausagreen]

To Got PR

Thanks for your response - can you confirm that it is acceptable to apply for H1B while my wife's employer is also sponsoring her for PR though online PERM?

 

[GotPR?]

Thanks for your response - can you confirm that it is acceptable to apply for H1B while my wife's employer is also sponsoring her for PR though online PERM?

H1 is dual intent visa and immigration intent can not be a reason for denial.
You can apply for H1B w/o problems.