Lel

I know it may sound stupid. My wife and I applied for my adjustment of status in
early Feb. -- I haven't heard anything from the INS yet. In the meantime, I need to
start working yesterday....There may be an excellent job opportunity that I will miss
if I tell them 'Gee, I'd love to work for you but you have to wait until I get my
papers first'

I heard that the INS always backdates their approvals. So, here's the question. If I
start working say April 1 with the assumption that my EAD was granted (it will have
been 2 months by then since the application), will I get jeopardize my adjustment of
status success accepting the employment before receivin the actual EAD? Can my I-485
be denied because I accepted employment w/o EAD?

Anyone had a similar experience/situation? Thanks so much in advance.

Andy Platt

INS usually backdates renewals of EADs but not first time ones. Even in that case it
would still be illegal for you to work although if the company doesn't care it won't
cause you problems when adjusting status because illegal work is forgiven when
adjusting status as the spouse of a US citizen.

Bottom line is that if the company acts correctly they will not allow you to work
without the EAD.

Some INS offices respond to requests from a company to expedite the EAD. What INS
office are you using?

Andy.

--
I'm not really here - it's just your warped imagination. "Lel" <[email protected]>
wrote in message news:[email protected]...
    > I know it may sound stupid. My wife and I applied for my adjustment of status in
    > early Feb. -- I haven't heard anything from the INS yet. In the meantime, I need to
    > start working yesterday....There may be an excellent
job
    > opportunity that I will miss if I tell them 'Gee, I'd love to work for you but you
    > have to wait until I get my papers first'
    >
    > I heard that the INS always backdates their approvals. So, here's the question. If
    > I start working say April 1 with the assumption that my EAD
was
    > granted (it will have been 2 months by then since the application), will I get
    > jeopardize my adjustment of status success accepting the employment before receivin
    > the actual EAD? Can my I-485 be denied because I accepted employment w/o EAD?
    >
    > Anyone had a similar experience/situation? Thanks so much in advance.

Lel

Thanks for the advice, Andy. I am filing with Detroit... the time estimates I saw
ranged from 60-90 days for EAD. Is that really a possibility to call them and ask to
expedite the issue? It's like..ahem.. could you swtich gears for me..

I mean I would have to have a compelling reason for such a request. I
think... Thanks.

"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
    > INS usually backdates renewals of EADs but not first time ones. Even in
that
    > case it would still be illegal for you to work although if the company doesn't care
    > it won't cause you problems when adjusting status because illegal work is forgiven
    > when adjusting status as the spouse of a US citizen.
    >
    > Bottom line is that if the company acts correctly they will not allow you
to
    > work without the EAD.
    >
    > Some INS offices respond to requests from a company to expedite the EAD. What INS
    > office are you using?
    >
    > Andy.
    >
    > --
    > I'm not really here - it's just your warped imagination. "Lel" <[email protected]>
    > wrote in message news:[email protected]...
    > > I know it may sound stupid. My wife and I applied for my adjustment of status in
    > > early Feb. -- I haven't heard anything from the INS yet. In
the
    > > meantime, I need to start working yesterday....There may be an excellent
    > job
    > > opportunity that I will miss if I tell them 'Gee, I'd love to work for
you
    > > but you have to wait until I get my papers first'
    > >
    > > I heard that the INS always backdates their approvals. So, here's the question.
    > > If I start working say April 1 with the assumption that my EAD
    > was
    > > granted (it will have been 2 months by then since the application), will
I
    > > get jeopardize my adjustment of status success accepting the employment before
    > > receivin the actual EAD? Can my I-485 be denied because I
accepted
    > > employment w/o EAD?
    > >
    > > Anyone had a similar experience/situation? Thanks so much in advance.
    > >
    >

Mrs Blackross

been there done that, almost missed the job opportunity but INS came through for me.
I don't know how Detriot handles things, but there wouldn't be any harm in calling
them to find out the status of your case. The INS websites states that they CAN
expedite requests at their discretion, so if you have compelling reasons (IE your
wife lost her job, kids at home, you have job offer waiting for you..etc) so it is
possible. However, if you haven't received your first NOA yet, don't count on the
approval coming through in the next 30 days. INS counts time from the date of the
NOA, not the date they received it. so they could have received it in early February,
but its still in the big mail pile, or just being looked at today.

I know that around here (Washington DC Metro), any decent company worth working for
won't hire you without your EAD in your hands. Believe me, I tried everything. And
YOU won't be in trouble with INS if you DO start work before your EAD arrives, but
the company you work for might.

"Lel" <[email protected]> wrote in message
news:[email protected]...
    > Thanks for the advice, Andy. I am filing with Detroit... the time
estimates
    > I saw ranged from 60-90 days for EAD. Is that really a possibility to call them and
    > ask to expedite the issue? It's like..ahem.. could you swtich gears for me..
    >
    > I mean I would have to have a compelling reason for such a request. I
    > think... Thanks.
    >
    > "Andy Platt" <[email protected]> wrote in message
    > news:[email protected]...
    > > INS usually backdates renewals of EADs but not first time ones. Even in
    > that
    > > case it would still be illegal for you to work although if the company doesn't
    > > care it won't cause you problems when adjusting status because illegal work is
    > > forgiven when adjusting status as the spouse of a US citizen.
    > >
    > > Bottom line is that if the company acts correctly they will not allow
you
    > to
    > > work without the EAD.
    > >
    > > Some INS offices respond to requests from a company to expedite the EAD. What INS
    > > office are you using?
    > >
    > > Andy.
    > >
    > > --
    > > I'm not really here - it's just your warped imagination. "Lel"
    > > <[email protected]> wrote in message
    > > news:[email protected]...
    > > > I know it may sound stupid. My wife and I applied for my adjustment of status
    > > > in early Feb. -- I haven't heard anything from the INS yet. In
    > the
    > > > meantime, I need to start working yesterday....There may be an
excellent
    > > job
    > > > opportunity that I will miss if I tell them 'Gee, I'd love to work for
    > you
    > > > but you have to wait until I get my papers first'
    > > >
    > > > I heard that the INS always backdates their approvals. So, here's the question.
    > > > If I start working say April 1 with the assumption that my
EAD
    > > was
    > > > granted (it will have been 2 months by then since the application),
will
    > I
    > > > get jeopardize my adjustment of status success accepting the
employment
    > > > before receivin the actual EAD? Can my I-485 be denied because I
    > accepted
    > > > employment w/o EAD?
    > > >
    > > > Anyone had a similar experience/situation? Thanks so much in advance.
    > > >
    > > >
    > >
    >

Lel

Thanks Mrs. Blackross, I will try calling the INS, I guess. ;0)

"Simon Jessey" <[email protected]> wrote in message
news:[email protected]...
    > <If I start working say April 1 with the assumption that my EAD was granted (it
    > will have been 2 months by then since the application), will I jeopardize my
    > adjustment of status success accepting the employment before receiving the actual
    > EAD? Can my I-485 be denied because I accepted
employment
    > w/o EAD?
    >
    > Anyone had a similar experience/situation>
    >
    >
    > I do not know the answers to your questions for certain. It is my understanding
    > that if a firm is acting appropriately, they will refuse
work
    > unless you have Employment Authorization. I am in the same situation
myself.
    > I applied at the end of January (at Philadelphia) and all I have received
is a
    > notification for fingerprinting.
    >
    >
    >
    > Simon
    >
    > See my timeline and get K1 / AOS info at my website:-
    > http://members.aol.com/scjessey/

Rete

I'm not familiar with your "name" and don't know your circumstances but did you come to the US on a K-1? If so, why didn't you go to Detroit and file in person and adjust status the same day? No need for an EAD card then.

If you didn't use a K-1 to come here, than the question was for naught.

Rita

Simon Jessey

<If I start working say April 1 with the assumption that my EAD was granted (it will
have been 2 months by then since the application), will I jeopardize my adjustment of
status success accepting the employment before receiving the actual EAD? Can my I-485
be denied because I accepted employment
w/o EAD?

Anyone had a similar experience/situation>

I do not know the answers to your questions for certain. It is my understanding that
if a firm is acting appropriately, they will refuse work unless you have Employment
Authorization. I am in the same situation myself. I applied at the end of January (at
Philadelphia) and all I have received is a notification for fingerprinting.

Simon

See my timeline and get K1 / AOS info at my website:-
http://members.aol.com/scjessey/

David Turner

I'm in the same situation also, I filled my paperwork on January 4th, and am still
waiting fr my EAD, it took almost 2 moths for them to start processing my case, so in
total reality time it will be 5 months for my ead from the time I filled.

I though it was 3 months for the day they receieved my package, but seems not, the
office where I am filling also does not appear to have a telephone numbver either, I
have looked on the INS website and not one listed, and also tried calling the
national number, no phone number either.

I'm going to try and write to them and see if then can help, I may even be able to
get a letter from a Sprint saything that they have a possition for me. but I need
authorisation now.

Does anyone have any example letters or experiance in getting the INS to
expidite EAD's

Thats for the help.

William Michael

If I was in your shoes I'd try to get the job and if and when they ask about your EAD
tell them that it is on its way but you're not sure exactly when it will come. 1) you
may be refused the job for not having the EAD. 2) you will not get the job if you
don't try. As for getting the employer involved I would be worried they will be
informed with information by the INS that will scare them from hiring you, and the
chances of the INS hurrying things up for you because of an employer sounds too risky
in this situation, they may not want to go through the paper work involved to hire
you, plus it may not work anyway. Mike . "Lel" <[email protected]> wrote in message
news:[email protected]...
    > I know it may sound stupid. My wife and I applied for my adjustment of status in
    > early Feb. -- I haven't heard anything from the INS yet. In the meantime, I need to
    > start working yesterday....There may be an excellent
job
    > opportunity that I will miss if I tell them 'Gee, I'd love to work for you but you
    > have to wait until I get my papers first'
    >
    > I heard that the INS always backdates their approvals. So, here's the question. If
    > I start working say April 1 with the assumption that my EAD
was
    > granted (it will have been 2 months by then since the application), will I get
    > jeopardize my adjustment of status success accepting the employment before receivin
    > the actual EAD? Can my I-485 be denied because I accepted employment w/o EAD?
    >
    > Anyone had a similar experience/situation? Thanks so much in advance.

Rete

David

What is the date on the receipt the INS office sent you? Assuming, of course, that you got a receipt? You can go into the local INS office with your proof of mailing and this receipt if either of them is over the 90 day mark and see if they will issue it on the spot for you. Under INS rules this is what is suppose to happen. But not all INS offices adhere to rules. You're not working so give it a try. From date of mailing January 4 you just hit the 90 day mark on April 4th

Rete