working without DHS authorization

[rohitp]

I have applied for AOS as a dependent under employment based category. I am in L2 visa. During 2008 I got a job with my SSN card, and was not aware of that EAD is required for working in L2 visa.

Will this be considered as a denial?

experts please provide opinion.

[BigJoe5]

Although the form I-765 makes reference to an L-2 spouse being required to apply for an EAD under 8 CFR 274a.12(a)(18) if you look at the 8 CFR section, it has NOT been promulgated yet. That section is still listed as RESERVED.

SEE: http://ecfr.gpoaccess.gov/cgi/t/text...4.2.1.1&idno=8

INA 214=8 USC 1184

Sec. 1184. Admission of nonimmigrants

(c) Petition of importing employer

(2) (E) In the case of an alien spouse admitted under section
1101(a)(15)(L) of this title, who is accompanying or following to join a
principal alien admitted under such section, the Attorney General shall
authorize the alien spouse to engage in employment in the United States
and provide the spouse with an ``employment authorized'' endorsement or
other appropriate work permit.

YOUR POSITION: In the absence of complete implementing regulations, it was unclear how to proceed since the statute says you can work and you had an L-2 visa and were lawfully admitted as an L-2, spouse. As soon as you became aware of the form insructions (which were not obvious or easy to find) you filed for an EAD unless you had stopped working and the issue became moot.

If they press the issue, you have an out, if you worked less than a TOTAL of 180 days (on the clock, actual days worked) at:

INA 245=8 USC 1255

(k) Inapplicability of certain provisions for certain employment-based
immigrants

An alien who is eligible to receive an immigrant visa under
paragraph (1), (2), or (3) of section 1153(b) of this title (or, in the
case of an alien who is an immigrant described in section 1101(a)(27)(C)
of this title, under section 1153(b)(4) of this title) may adjust status
pursuant to subsection (a) of this section and notwithstanding
subsection (c)(2), (c)(7), and (c)(8) of this section, if--
(1) the alien, on the date of filing an application for
adjustment of status, is present in the United States pursuant to a
lawful admission;
(2) the alien, subsequent to such lawful admission has not, for
an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the
alien's admission.

[rohitp]

USCIS asks for last 5 years of employment in form 864. Based on my attorney's advice I have indicated only last year's employment, since I was working with an EAD during that year. The problem is with 2008, which I have not revealed and was working without EAD not being aware of the rules.

Do you think that this will create problem (of not revealing)? What are the chances that they will dig into this? If they find out is there a way I can fight it out.

Please provide opinions.

Thanks,

Rohit

[medic800]

I have been working for over 10 years without EAD and I just got notification a few minutes ago of approval of my I485 and other submitted documents. The key is to be honest. Don't jeapodize you case by being elusive with the information. Just a thought.

[medic800]

Its a good idea to have an attorney. It make the process relatively painless. I could not imagine not having a lawyer help with the documents.

[rohitp]

I have been working for over 10 years without EAD and I just got notification a few minutes ago of approval of my I485 and other submitted documents. The key is to be honest. Don't jeapodize you case by being elusive with the information. Just a thought.

Congratulations on getting greened.

Curious!!! did you provide 10 years of employment history (company name, period)?

Thanks,

[daru786]

Congratulations on getting greened.

Curious!!! did you provide 10 years of employment history (company name, period)?

Thanks,

You lie or you hide, if USCIS finds out, you are done for good, think about it!!!!!!!!!!

[medic800]

I had to complete the I-864B for me and the I-864 for my wife. This required a letter from my employer stating continued employment after the process is completed. Along with the letter, I had to provide 2 months of pay stubs. I did not have to provide evidence of 10 years of employment history; however, the years provides by submitting three years of tax returns were without EAD. The interview did not ask anything about my employment history. According to my attorney, the key is to be honest with USCIS. I was honest with both my attorner and USCIS. My attorney assured me that they are not interested in tearing families apart, just verifying that the individual is eligable for AOS.

[rohitp]

You lie or you hide, if USCIS finds out, you are done for good, think about it!!!!!!!!!!

I agree with what you have indicated. But in my situation I have to reveal everything or go by my attorney. Its all my luck now!!!

[rohitp]

I had to complete the I-864B for me and the I-864 for my wife. This required a letter from my employer stating continued employment after the process is completed. Along with the letter, I had to provide 2 months of pay stubs. I did not have to provide evidence of 10 years of employment history; however, the years provides by submitting three years of tax returns were without EAD. The interview did not ask anything about my employment history. According to my attorney, the key is to be honest with USCIS. I was honest with both my attorner and USCIS. My attorney assured me that they are not interested in tearing families apart, just verifying that the individual is eligable for AOS.

Hi, If you have provided the biographic information (G-325A), then you will need to provide 5 years employment. In this case you cannot be honnest with USCIS, without revealing the employment history