Freedomtrail

The law says that marriage to a USC forgives out of status situations and
working without authorization. Is there a difference as to how and when you
got the job and if you had an EAD or not? Many people working without
authorization just don't have an EAD, but what if you have one and use it
after it isn't valid, but yet has time on it. For example, if you have an
EAD that runs out while you are in one job because of a change of your
status, and then you take another job. In the first job, you are ok because
the EAD was valid when you used it to get the job even though you are
working without current authorization, but in the second, your EAD is
already expired when you flashed it to get the second job. Is it the same
thing, or is there a special case or offense?

-fr

Rete

FR

You've been posting this question, or variations on this question, for over a month now. Apparently no one has been able to give you an answer that meets with your satisfaction.

I realize that your girlfriend has a valid EAD from her current marriage but that when that marriage is dissolved her EAD is no longer valid and she has to wait for a new one based on her marriage to you. So what is the problem here? Are jobs so scarce in her profession that losing this one will mean that she might not work for a zillion years in her chosen field? Are there so many qualified applicants out there that the company will not give her an unpaid leave of absence? Are your joint finances so stretched that you can't live comfortably without the joint income?

So now I see you are trying to determine just how hot the water is going to be if she continues working without and EAD. BTW an EAD that is not valid does not have any time left on it. And yes both scenarios are the same. The employee has the "moral" obligation of advising the employer that their employment authorization has been nullified due to their personal life changes. If they don't tell, the choice is theirs. So either get the information from an attorney, the employer or the INS themselves so that your future wife can make an educated decision on whether she wants to be known as Mrs. FreedomTrail or Mrs. HiddenValley.

Rita

FlightRisk

Well actually Rete, the question is different because the circumstances are different. In the first case, the case I asked about and DID get pretty good answers, though none difinitive. In that situation, the job was obtained while everything was still in status and with a valid EAD. I needed to know the issues about KEEPING the job. I get that is forgiven, though with some very slight risk that they will try to find something ELSE to get nit picky about if they don't like your petition. THIS situation is different. Get the divorce, then either immediately or in 30 days, the EAD is not valid. (The INS itself said that if the ex left the country or quits he job, she could work for 30 more days. So this is a very gray area. Even the dates of the visa and the EAD are 30 days apart as if they built this in. So whats the difference between him quitting or getting fired and her getting a divorce?)

But in this case, I am talking about leaving one job and taking another. The employer obviously has to check some things to make sure they can hire you, maybe look at your EAD, I have no idea. But NOW you got the job possibly AFTER the EAD is no longer valid. Someone else mentioned everything is forgiven except if you forged documents to get the job. So the question is, are these different cases and in this latter case is this now considered the same as if you printed up fake documents on your laserjet and used them to get a job or is it just working without authorization? Do you get the difference?

And on a different note. I realize that you try to help people here, but it is with a certain attitude. I'm wondering how many people have to tell you that you often respond with a terse, bitchy attitude (as you can see with dozens of messages from people who have called you on it) before you might see that it could possibly be an issue you could be aware of and work on?

I realize that asks a lot of anyone to always be polite and try to be thoughtful, but I don't think TOO much to ask. You went through this. You know the hardship and the fear. How much hardship would it be for you during Christmas to go through this and to support a family of 4 for basically 4 months, plus the ridiculous filing fees, plus the medicals when you have been doing just fine on 2 incomes? People living near Boston can get the new EAD the same day, and as soon as we wait 91 days we can magically march into our service center ang get one, can you understand why we might want to do everything to keep that job and to keep that income? It's not fair, or right, or even equitable depending on where you happen to live and what kind of visa you came in on that your EAD can take anywhere from an hour to 91 days. But it's the law and it's contradicts itself. So I'm trying to figure out the risks and if they are too great, figure out some way to survive while we wait the consequences of a beaurocratic oversight.

I don't want us to suffer thousands of more dollars in lost income love penalty unjustly if thousands of people do this every day and don't have to quit their jobs. In addition, I would happily pay an attorney $75 to answer this one question. I can't get one to do it. They either dance all around it because they don't know, or won't let you ask just one question. The only one who might, is Shusterman, who charges $350 for the priviledge. My guess it that your chances of it being no problem are 99% if you are out of status forever and work as long as you want without authorization. But if you had an EAD that is expired and get a job afterwards, is that also no problem or is that BIG proglem? If anyone knows an attorney who can help with this question and he really knows a good answer as to in practical experience what our risk is, I will pay the $75.

-fr