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will illegal work hurt me @ AOS

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Old May 16th 2003, 2:00 pm
  #1  
Matt/Danielle
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Default will illegal work hurt me @ AOS

My EAD F-1 student visa expires May 31st and I got married to Danielle (US
citizen) a few Saturdays ago.

I had Monday all booked to be heading out to my local office to file all the
AOS documents in person, but we got news today that Danielle is having her
hours cut from 40 down to 25 hrs/week, effective next week. This
announcement puts our bills into the blood-from-a-stone bracket.

The only way we can get through the next 3 weeks or so with her @ 25hrs is
to spend the money I had set aside for the AOS. She'll be job searching in
the meanwhile, of course!

My employer has no idea my EAD runs out May 31st, so this is my question:

It'll probably be the middle of June (touch wood, assuming Danielle can get
back up to 40/wk somehow) before we can afford the $600 needed in fees to
adjust. Am I going to run into any complications by running over on my
student visa (even though I got married before it expired)? If this
scenario wouldn't create complications (like I suspect it won't from what
I've read), how long could I go without adjusting before it would be a
problem?

Matt
 
Old May 17th 2003, 2:00 am
  #2  
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Default Re: will illegal work hurt me @ AOS

Originally posted by Matt/Danielle

My employer has no idea my EAD runs out May 31st, so this is my question:

Matt
Sorry to hear of your financial difficulties. However, how do you know that the employer has no idea that your EAD expires on May 31? Isn't there an expiration date on the EAD?

Rete
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Old May 17th 2003, 11:10 am
  #3  
Matt/Danielle
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Default Re: will illegal work hurt me @ AOS

There's an expiration date on the EAD, but I've been employed for the last 6
months and the only way someone will find out is by going and pulling the
file out and examining it that far. Why would HR suddenly pull out my I-9
and study it that hard? - sure it's just locked away in a file somewhere.

My real question though was whether going past my expiration date would
cause a problem with the BCIS?

Matt

"Matt/Danielle" wrote in message
news:[email protected]...
    > My EAD F-1 student visa expires May 31st and I got married to Danielle (US
    > citizen) a few Saturdays ago.
    > I had Monday all booked to be heading out to my local office to file all
the
    > AOS documents in person, but we got news today that Danielle is having her
    > hours cut from 40 down to 25 hrs/week, effective next week. This
    > announcement puts our bills into the blood-from-a-stone bracket.
    > The only way we can get through the next 3 weeks or so with her @ 25hrs is
    > to spend the money I had set aside for the AOS. She'll be job searching
in
    > the meanwhile, of course!
    > My employer has no idea my EAD runs out May 31st, so this is my question:
    > It'll probably be the middle of June (touch wood, assuming Danielle can
get
    > back up to 40/wk somehow) before we can afford the $600 needed in fees to
    > adjust. Am I going to run into any complications by running over on my
    > student visa (even though I got married before it expired)? If this
    > scenario wouldn't create complications (like I suspect it won't from what
    > I've read), how long could I go without adjusting before it would be a
    > problem?
    > Matt
 
Old May 17th 2003, 12:34 pm
  #4  
Denis
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Default Re: will illegal work hurt me @ AOS

On Sat, 17 May 2003 18:10:53 -0500, "Matt/Danielle"
wrote:

    >There's an expiration date on the EAD, but I've been employed for the last 6
    >months and the only way someone will find out is by going and pulling the
    >file out and examining it that far. Why would HR suddenly pull out my I-9
    >and study it that hard? - sure it's just locked away in a file somewhere.

I wouldn't bet on that! I got a letter from my employer reminding me
about the expiration of my EAD two weeks before it expired and
informing me that I needed to send them copies of the new one if I
wished to continue working for them.

--
Denis

Honk if you love peace and quiet.


    >My real question though was whether going past my expiration date would
    >cause a problem with the BCIS?
    >Matt
 
Old May 17th 2003, 3:57 pm
  #5  
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Default Re: will illegal work hurt me @ AOS

You may have other problems too unless you already have a sponsor who will fill out an affidavit of support for you. Sounds like your incomes will be below the poverty guidlines and you won't qualify by yourselves.

According to the law, BCIS has to forgive out of status situations and working without authorization currently, but only for people who marry a US citizen. It doesn't mean they can't look at that and try to find anything else they can to deny you. The more red flags, the worse it can be.

There is also some law that if you are at the same job, you can't be fired for losing your status if you have applied for renewal. But you have to check the history here or check with an attorney to see if that applies to you. Universities are the worst, because they know the rules better than anyone else and follow up on things like this. They have to or they risk fines since they hire such a huge percentage of non-residents.

-fr
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Old May 18th 2003, 12:33 am
  #6  
Qwerty Studios
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Default Re: will illegal work hurt me @ AOS

Companies audit their I-9 forms and other employment records, especially
since 9-11. This happened to friend of mine. She showed HR a valid EAD when
she was hired but they never asked for a renewed EAD a year later. When the
I-9 forms were audited, 5 years later, the expired EAD was found. So, you
might go undetected for a while before your expired EAD is found.

"Matt/Danielle" wrote in message
news:[email protected]...
    > There's an expiration date on the EAD, but I've been employed for the last
6
    > months and the only way someone will find out is by going and pulling the
    > file out and examining it that far. Why would HR suddenly pull out my I-9
    > and study it that hard? - sure it's just locked away in a file somewhere.
    > My real question though was whether going past my expiration date would
    > cause a problem with the BCIS?
    > Matt
 
Old May 18th 2003, 2:31 am
  #7  
Christa
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Default Re: will illegal work hurt me @ AOS

Even though it's not very common, there are some people who use MS Outlook
or Lotus Notes to set themselves reminders to follow up on something way in
advance. Unless you know how sloppy your HR person is, I wouldn't bank on
getting away with an expired EAD.


"Matt/Danielle" wrote in message
news:[email protected]...
    > There's an expiration date on the EAD, but I've been employed for the last
6
    > months and the only way someone will find out is by going and pulling the
    > file out and examining it that far. Why would HR suddenly pull out my I-9
    > and study it that hard? - sure it's just locked away in a file somewhere.
    > My real question though was whether going past my expiration date would
    > cause a problem with the BCIS?
    > Matt
    > "Matt/Danielle" wrote in message
    > news:[email protected]...
    > > My EAD F-1 student visa expires May 31st and I got married to Danielle
(US
    > > citizen) a few Saturdays ago.
    > >
    > > I had Monday all booked to be heading out to my local office to file all
    > the
    > > AOS documents in person, but we got news today that Danielle is having
her
    > > hours cut from 40 down to 25 hrs/week, effective next week. This
    > > announcement puts our bills into the blood-from-a-stone bracket.
    > >
    > > The only way we can get through the next 3 weeks or so with her @ 25hrs
is
    > > to spend the money I had set aside for the AOS. She'll be job searching
    > in
    > > the meanwhile, of course!
    > >
    > > My employer has no idea my EAD runs out May 31st, so this is my
question:
    > >
    > > It'll probably be the middle of June (touch wood, assuming Danielle can
    > get
    > > back up to 40/wk somehow) before we can afford the $600 needed in fees
to
    > > adjust. Am I going to run into any complications by running over on my
    > > student visa (even though I got married before it expired)? If this
    > > scenario wouldn't create complications (like I suspect it won't from
what
    > > I've read), how long could I go without adjusting before it would be a
    > > problem?
    > >
    > > Matt
    > >
    > >
 
Old May 18th 2003, 3:40 am
  #8  
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Default

In 1998 I was working on EAD that expires around FEB 99. I didn't think HR would be on top of this (the company has over 6000 employees), however, they sent me an email about a week after the expiration for me to update my record with a valid EAD.
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Old May 18th 2003, 8:17 am
  #9  
Matt/Danielle
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Default Re: will illegal work hurt me @ AOS

Ahhhh CRAP. Going to fork out the money and go Monday; might as well keep
it all legal.

Will just have to bet on Danielle getting a new job within the next couple
of weeks so we can cover our bills. Thanks for your help everyone - you
really stopped me from taking a gamble that's too big to take. I was wrong
to assume HR wouldn't keep an eye on this sort of thing. Wisconsin isn't
exactly the immigration capital of the world and, as far as I'm aware, I'm
the only non-immigrant working for the 100-branch bank. Just figured it
wasn't something they'd have any experience of.

Matt




"Christa" wrote in message
news:[email protected]...
    > Even though it's not very common, there are some people who use MS Outlook
    > or Lotus Notes to set themselves reminders to follow up on something way
in
    > advance. Unless you know how sloppy your HR person is, I wouldn't bank on
    > getting away with an expired EAD.
    > "Matt/Danielle" wrote in message
    > news:[email protected]...
    > > There's an expiration date on the EAD, but I've been employed for the
last
    > 6
    > > months and the only way someone will find out is by going and pulling
the
    > > file out and examining it that far. Why would HR suddenly pull out my
I-9
    > > and study it that hard? - sure it's just locked away in a file
somewhere.
    > >
    > > My real question though was whether going past my expiration date would
    > > cause a problem with the BCIS?
    > >
    > > Matt
    > >
    > > "Matt/Danielle" wrote in message
    > > news:[email protected]...
    > > > My EAD F-1 student visa expires May 31st and I got married to Danielle
    > (US
    > > > citizen) a few Saturdays ago.
    > > >
    > > > I had Monday all booked to be heading out to my local office to file
all
    > > the
    > > > AOS documents in person, but we got news today that Danielle is having
    > her
    > > > hours cut from 40 down to 25 hrs/week, effective next week. This
    > > > announcement puts our bills into the blood-from-a-stone bracket.
    > > >
    > > > The only way we can get through the next 3 weeks or so with her @
25hrs
    > is
    > > > to spend the money I had set aside for the AOS. She'll be job
searching
    > > in
    > > > the meanwhile, of course!
    > > >
    > > > My employer has no idea my EAD runs out May 31st, so this is my
    > question:
    > > >
    > > > It'll probably be the middle of June (touch wood, assuming Danielle
can
    > > get
    > > > back up to 40/wk somehow) before we can afford the $600 needed in fees
    > to
    > > > adjust. Am I going to run into any complications by running over on
my
    > > > student visa (even though I got married before it expired)? If this
    > > > scenario wouldn't create complications (like I suspect it won't from
    > what
    > > > I've read), how long could I go without adjusting before it would be a
    > > > problem?
    > > >
    > > > Matt
    > > >
    > > >
    > >
    > >
    > >
 

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