Working without EAD card while it's under expedited process

[frustrated_duck]

Can anyone work without EAD (Family-based GC) card while it's still processing - esp after requesting an expedite? Because at this point, you know the USCIS number to fill out the I-9 form and complete other background checks (assuming you alreay have a valid SSN)

From this article https://www.alllaw.com/articles/nolo...s-pending.html, it says, The USCIS can overlook unauthorized employment for up to 180 days. If you have worked for 181 days, the I-485 application will be denied. The immigration officer will count only the days worked since you were last admitted into the United States. Therefore, any unauthorized employment that occurred from past entries into the U.S. will not be counted. . Does this mean one can work with an expired EAD card upto 180 days? OR does it means one can work with the new EAD card info (A number needed for I-9 form for example), though it's not processed.

Asking out of curiosity! Thanks, guys!

[has1727]

It is better to not take any risk considering current political environment. I understand the financial stretch (in similar boat).

[frustrated_duck]

Of course, there's a risk. I spoke to an immigration lawyer yesterday and they said USCIS will excuse the employee working without authorization (while I-485 is processing) but the employer might end up paying civil fines. If it's ok with the employer one can work uner these circumstances.

[newacct]

Can anyone work without EAD (Family-based GC) card while it's still processing - esp after requesting an expedite? Because at this point, you know the USCIS number to fill out the I-9 form and complete other background checks (assuming you alreay have a valid SSN)

From this article https://www.alllaw.com/articles/nolo...s-pending.html, it says, The USCIS can overlook unauthorized employment for up to 180 days. If you have worked for 181 days, the I-485 application will be denied. The immigration officer will count only the days worked since you were last admitted into the United States. Therefore, any unauthorized employment that occurred from past entries into the U.S. will not be counted. . Does this mean one can work with an expired EAD card upto 180 days? OR does it means one can work with the new EAD card info (A number needed for I-9 form for example), though it's not processed.

Asking out of curiosity! Thanks, guys!

That article is incomplete. What they probably mean is that, for employment-based categories, one remains eligible for AOS as long as one has not been out of status or working illegally for more than 180 days since the most recent admission. This doesn't apply for non-employment-based categories. For family-based categories other than the Immediate Relative category, any amount of being out of status or working illegally, at any time, even on past stays, makes one ineligible for AOS.

However, based on your past posts, it seems you are adjusting based on being the spouse of a US citizen, so you are in the Immediate Relative category, and you are eligible for AOS no matter how much you have been out of status and/or working illegally, and even if you are out of status at the time of filing I-485.

Your employment authorization would be automatically extended for 180 days after the EAD's expiration for certain categories of EAD if you filed for a renewal before it expired, but from your previous posts, it seems that you are not applying for a renewal, but rather an EAD in a new category (you are applying for an AOS-based EAD now, whereas your previous EAD was from before AOS), so there is no automatic extension.

You will not be able to pass the I-9 requirements. You must show some set of acceptable documents from the list, and you won't have an acceptable set of documents until you get your EAD.

[has1727]

Of course, there's a risk. I spoke to an immigration lawyer yesterday and they said USCIS will excuse the employee working without authorization (while I-485 is processing) but the employer might end up paying civil fines. If it's ok with the employer one can work uner these circumstances.

So you have your answer. I personally will wait as making someone pay fines for my gains doesn't site right with me.

Also that 180 day rule is for EAD renewals and for certain categories of EADs like employment based. But you're right in consulting your immigration lawyer.

[frustrated_duck]

That article is incomplete. What they probably mean is that, for employment-based categories, one remains eligible for AOS as long as one has not been out of status or working illegally for more than 180 days since the most recent admission. This doesn't apply for non-employment-based categories. For family-based categories other than the Immediate Relative category, any amount of being out of status or working illegally, at any time, even on past stays, makes one ineligible for AOS.

However, based on your past posts, it seems you are adjusting based on being the spouse of a US citizen, so you are in the Immediate Relative category, and you are eligible for AOS no matter how much you have been out of status and/or working illegally, and even if you are out of status at the time of filing I-485.

Your employment authorization would be automatically extended for 180 days after the EAD's expiration for certain categories of EAD if you filed for a renewal before it expired, but from your previous posts, it seems that you are not applying for a renewal, but rather an EAD in a new category (you are applying for an AOS-based EAD now, whereas your previous EAD was from before AOS), so there is no automatic extension.

You will not be able to pass the I-9 requirements. You must show some set of acceptable documents from the list, and you won't have an acceptable set of documents until you get your EAD.

Yes! You are 100% correct. After much digging last night, I found out that with the NEW EAD application comes with different set of rules. It's a bummer for me because I was previously working on OPT EAD and my employers didn't even inform me about the possible 180 day extension and the possibility of applying for new EAD before the old EAD card expiring. I was completely unaware of it and they made it sound like I had to leave because my card is expiring. And of course, I bought it. Apparently, every employer must discuss with their employee 90 days prior to their EAD expiring to discuss possibilities and options. I just went ahead and applied my GC in November just completely oblivious of these rules.
Oh welp. I just hope I get the damn card already.

Thank you so much for taking the time to reply!