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  • PretorianXI or any senior members, please answer.

    Helo friends,

    keep up the good job guys i had a question here.

    i applied for AOS, EAD and I 130 ( family based petition) and i have the reciepts with me. i am not working anywhere right now. i am getting some offers from companies. my question is:

    can i work without the EAD? i can show them my notice of action and tell them that i would be getting it in a few weeks. I do have a SSN. can i work on the basis of SSN.

    please answer.

    Max.

  • #2
    You should not work with the EAD, you are not authorized to work, all of the receipt says is that you have applied for one (it does not even say you are entitled to one).

    Some employers, if you have been working with them previously, will accept that receipt and continue employing you.

    Ultimately, it is all up to the employer and how they deal with filing out the form I-9 for you. You do not have enough evidence to show employment authorization and if they file one, USCIS will know you are working without the EAD.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      can i work without the EAD

      hi ,

      well sir, thank you so much for the answer. its practically not possible to work without EAD, but what if a company accepts me on the basis of the notice of action coz some or the other day i would be getting the EAD hopefully. i am mssing a lot of good offers due to not having EAD :-(

      AND DID U MEAN TO SAY "YOU SHOULD NOT WORK WITHOUT THE EAD" in the 1st line of your response.

      Max.

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      • #4
        what about I-9?

        I also wanted to say something about the i-9. the I-9 i believe is only for the official purpose of the employer hiring the employee. as far as my knowledge goes it is never submitted to any agency. IF USCIS demands it then they have to submit it else its just for official purpose. PraetorianXI can u share some light on this plz

        MAx.

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        • #5
          The employer has to fill it out and keep it, and if USCIS asks for it, then they submit I-9 for verification.

          So, I said you "should" not work without the EAD, I didn't say you "can't". It is up to you and your employed to figure out how to fill out the I-9.

          You can however, work as an Independent Contractor (which does not require an I-9 to be filled out) but yet again, you are not authorized to work until you receive the EAD, it is up to you, if you choose to work "illegally".
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

          Comment

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