Speedyvespa

Originally posted by maximus76

    > My lawyer, who is doing my AOS, said that one can start working after
    > biometrics, even though EAD didn't come yet, and also that there is no
    > law allowing to work without EAD



Been doing some more research and just drafted in some more sharp minds
to offer an opinion, and this makes much more sense. We've worked out
the following to be the case: if anyone wants to rubbish or support
this, feel free...



1) Your filing of your AOS (based upon your non-immigrant visa) is
the most important factor in being eligible to work in the USA,
not the EAD.



2) Once your biometrics have been processed (confirmed via your online
status of your I-485 AOS, and the "On xxxxxx xx, 2003, the results of
your fingerprint review for your I485 Application to Register
Permanent Residence or to Adjust Status were received, and processing
has resumed on your case" gumph), then your employer would be legally
entitled to offer you employment (arguably?), as the USCIS have
pretty much confirmed that the results of your fingerprint review
have drawn a blank, i.e. you're not a nut job and are safe to employ,
in the eyes of the govt.



3) Point 2) is not correct, but the USCIS would view it as pretty futile
to attempt to fine or punish an employer who had employed someone who
the USCIS themselves have accepted to be not a security threat and
is, in fact, a respectable person, or whatever. A little like the I-
134; the legal profession don't consider it to be enforceable.



4) Whatever the case - if you are filing for AOS (validly), then you
cannot be penalised for accepting employment. If you weren't
filing for AOS or were filing on an invalid basis, you would be slung
out of the USA anyway, so the question would be a stupid one.



5) Renewal of your EAD is not necessary if you're staying with the
same employer.



6) The EAD card is a white elephant.



7) $120 to apply for each and every such mythical anaemic aquamammal
however, is a great piece of capitalism - money for old (or no) rope.



8) The one I can't get my head around, in case you missed it the first
time, is...

    >

    > Q. Do I have to get an EAD if I file for adjustment of status?


    > A. No. Once you have filed for adjustment of status, there are
    > no additional penalties that attach if you fail to maintain
    > lawful status by letting your nonimmigrant status expire, or
    > accepting unauthorized employment.

    >



- Mark