cannot work on expired EAD!

plz read this story:

Consequences of working on expired EAD.

--------------------------------------------------------------------------------

Just had to post what happened to a friend of mine, so you all can know what might happen if you work on your expired EAD.

Alien entered on a K1 in October 2004, and received the temp work authorization for 90 days. Got SSN, got married, started working about 3 weeks after arrival. Due to financial difficulties, the AOS/EAD applications weren't filed until December 2004. NOA dates are December 29th.

In late January he went to his biometrics appointment. At this point, his 90-day temp EAD had expired about 2 weeks earlier, but he was still working for the same employer that hired him in October. Just as he was finishing his biometrics, the USCIS officer asked him, "so how do you like life in America?" He said "great, thanks!" She asked "sooooo, are you currently working?" And of course you should never lie to immigration, so he said "yes". The woman started yelling "NO NO NO...You can't work!! You're unauthorized!!! Your EAD expired 2 weeks ago!!!" (I think the fact that he had his biometrics done AFTER his 90-day temp EAD expired triggered the question. My hu*****and had his biometrics done within the first 90 days and was never asked about work at all).

She called his employer to tell him the situation, and the employer told him to come in and talk to him. When he went in, his employer told him "if we had not known your EAD had expired and you got your new one, we would have never known anything, and you would still be working here...we don't WANT to let you go. But now that we know, we have to let you go immediately, otherwise we'll face a big penalty fine".

He had a consultation with an immigration attorney, and the attorney told him there's no way around it. He asked if he could use the EAD NOA to show an employer to prove that he's applied for the EAD, and an employer would accept that until he gets the actual card, and the attorney said no.

So....he's out of work until he receives his 1-year EAD card, hopefully soon. His employer doesn't want to pay him for the time he worked (about 2 weeks) while he was unauthorized....but I actually think the employer is required by law to pay him anyway, isn't he?

Just wanted to share what actually can happen if you work unauthorized. Be careful....!

Best Wishes,
Rene