Noorah101

Just had to post what happened to a friend of mine, so you all can know what might happen if you work on your expired EAD.

Alien entered on a K1 in October 2004, and received the temp work authorization for 90 days. Got SSN, got married, started working about 3 weeks after arrival. Due to financial difficulties, the AOS/EAD applications weren't filed until December 2004. NOA dates are December 29th.

In late January he went to his biometrics appointment. At this point, his 90-day temp EAD had expired about 2 weeks earlier, but he was still working for the same employer that hired him in October. Just as he was finishing his biometrics, the USCIS officer asked him, "so how do you like life in America?" He said "great, thanks!" She asked "sooooo, are you currently working?" And of course you should never lie to immigration, so he said "yes". The woman started yelling "NO NO NO...You can't work!! You're unauthorized!!! Your EAD expired 2 weeks ago!!!" (I think the fact that he had his biometrics done AFTER his 90-day temp EAD expired triggered the question. My husband had his biometrics done within the first 90 days and was never asked about work at all).

She called his employer to tell him the situation, and the employer told him to come in and talk to him. When he went in, his employer told him "if we had not known your EAD had expired and you got your new one, we would have never known anything, and you would still be working here...we don't WANT to let you go. But now that we know, we have to let you go immediately, otherwise we'll face a big penalty fine".

He had a consultation with an immigration attorney, and the attorney told him there's no way around it. He asked if he could use the EAD NOA to show an employer to prove that he's applied for the EAD, and an employer would accept that until he gets the actual card, and the attorney said no.

So....he's out of work until he receives his 1-year EAD card, hopefully soon. His employer doesn't want to pay him for the time he worked (about 2 weeks) while he was unauthorized....but I actually think the employer is required by law to pay him anyway, isn't he?

Just wanted to share what actually can happen if you work unauthorized. Be careful....!

Best Wishes,
Rene

Matthew Udall

It's pretty easy to ask if someone is working. Heck, that question is listed right on the G-325A and I-130. And I shudder to think of non-U.S. citizens who check the "US Citizen" box on the I-9. Could be a big problem in a given case.

I was talking about this very issue the other day with another immigration attorney here in L.A. She mentioned that there is one officer in particular at the Los Angeles office that seems to have made this inquiry a personal crusade (and with a focus on the I-9).

As a side note, I do recall hearing rumors that the CIS hoped to soon start issuing EAD's that would be valid during the time the AOS is pending, although I've not seen that instituted yet.

I also read an NSC report yesterday, describing how they "used" to look at the date of an expiring EAD and issue a new EAD that would start on the day after the old one expired. That is no longer the case.

SecretGarden

Not exactly the same thing, but when we went for our AOS interview in Chicago recently, the DAO asked Mr. P. if he had "registered to vote yet". Mr. P answered, no...that's only for US citizens, and she said, "well, that's good because that is a deportable offense!"

All turned out well for us, but it was a bit intimidating.

~SG

Matthew Udall

This can be problematic in "Motor/Voter" states, where voter registration forms are routinely given to "everyone" (regardless of their immigration status) who is there applying for a drivers license. Some people (And probably more so for people who are not yet fluent in the English language) fall into the trap of thinking, "Well, if they gave this to me, I must fill it out and submit it"

Folinskyinla

Hey Matt:

My motor voter case is scheduled for oral arugment next Monday at Chambers Courthouse in Pasadena.

I've simplified my Model Penal Code argument to one word -- "tautology" -- If you vote, it will be "practically certain" that you vote.

Matthew Udall

Hey, lets do lunch!

Noorah101

Just wanted to amend this part of the scenario. The employer IS paying the alien for work he did while unauthorized.

Rene

souls canuck

good to know.. I am sure others will find this useful

I like the new pics you loaded up rene..

and, unrelated.. I got my one yr ead, my ap and my new ss with married name all in the same day! weeeeeeeeeeeeeeeeeeeeeeeee

Hypertweeky

Ouch!! That is why I never worked while I didn't have my EAD!
Sorry to hear about your friend's problems, hope he gets his EAD soon!!

USA & Pakistan

yes, you can work... ok... now: STOP... ok, now go ahead find a job... yes... work... now: STOP... such a bunch of crap! Hurry up and wait.... They could solve the problem by simply extending the k-1 visa to 6 months or at least give an interim EAD after say, 15 or 30 days. Who ever thinks up these rules never had to live by them.

Grrrrr
Marnee

Steffi

Thanks for posting that Rene! Like someone already said, I'm sure a lot of people will find it useful.



Marnee, I know. I wish they made it easier. No you can't be supported ny welfare, but we'll risk you loosing your job by not giving you your EAD on time so that you will at least fear that you have to go on welfare.
Ahhh, I probably shouldn't complain right now though because I actually (very thankfully!) received my renewal EAD on time. But that doesn't mean that there still shouldn't be some changes! Patrick and I have said that once I get my GC we will try to complain to someone about all the things that have gone wrong along the way and how they could be fixed. We haven't really decided how yet...maybe try to set up a meeting with our congressman or something. But we want to tell someone who could possibly change things, and let them know how it [i]really[/iu] works when you actually have to go through it (not just how they write the concept down on paper of how it should work).

USA & Pakistan

We will be ok too, because i have a job, but it is frustrating to loose work authorization after 90 days when a new-comer is just settling in. And it is a stupid way of doing things which is really more annoying to me than our personal inconvenience.

You would think that USCIS would see the obvious flaws in their own system.

Marnee <just doing a little venting today>

Noorah101

I figure I might get some flack for posting from some folks saying "he should have known better...yes of course it's illegal to work unauthorized...blah blah blah". But there have been many threads on here also which debate whether it IS ok to work or not, and whether you'll get caught or not, and if any other document instead of the EAD will suffice as proof of work authorization.

So I thought I'd clear all that up with this example.

The answer to all those is....NO!! LOL

Rene <---totally agreeing that the system seems to defeat its own purpose.

Jonathan McNeil Wong

Noorah101 wrote:
    >>Just had to post what happened to a friend of mine, so you all can
    >>know what might happen if you work on your expired EAD.
    >>Alien entered on a K1 in October 2004, and received the temp work
    >>authorization for 90 days. Got SSN, got married, started working
    >>about 3 weeks after arrival. Due to financial difficulties, the
    >>AOS/EAD applications weren't filed until December 2004. NOA dates are
    >>December 29th.
    >>In late January he went to his biometrics appointment. At this point,
    >>his 90-day temp EAD had expired about 2 weeks earlier, but he was
    >>still working for the same employer that hired him in October. Just
    >>as he was finishing his biometrics, the USCIS officer asked him, "so
    >>how do you like life in America?" He said "great, thanks!" She asked
    >>"sooooo, are you currently working?" And of course you should never
    >>lie to immigration, so he said "yes". The woman started yelling "NO
    >>NO NO...You can't work!! You're unauthorized!!! Your EAD expired 2
    >>weeks ago!!!" (I think the fact that he had his biometrics done AFTER
    >>his 90-day temp EAD expired triggered the question. My husband had
    >>his biometrics done within the first 90 days and was never asked about
    >>work at all).
    >>She called his employer to tell him the situation, and the employer
    >>told him to come in and talk to him. When he went in, his employer
    >>told him "if we had not known your EAD had expired and you got your
    >>new one, we would have never known anything, and you would still be
    >>working here...we don't WANT to let you go. But now that we know,
    >>we have to let you go immediately, otherwise we'll face a big
    >>penalty fine".
    >>He had a consultation with an immigration attorney, and the attorney
    >>told him there's no way around it. He asked if he could use the EAD
    >>NOA to show an employer to prove that he's applied for the EAD, and an
    >>employer would accept that until he gets the actual card, and the
    >>attorney said no.
    >>So....he's out of work until he receives his 1-year EAD card,
    >>hopefully soon. His employer doesn't want to pay him for the time he
    >>worked (about 2 weeks) while he was unauthorized....but I actually
    >>think the employer is required by law to pay him anyway, isn't he?
    >>Just wanted to share what actually can happen if you work
    >>unauthorized. Be careful....!
    >>Best Wishes,
    >>Rene
    >
    >
    > Just wanted to amend this part of the scenario. The employer IS paying
    > the alien for work he did while unauthorized.
    >
    > Rene
    >

Good thing, since federal law requires it. The employer and employee
have to pay taxes and contributions on that work also; it doesn't matter
that the employee was not work-authorized at the time.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
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