Working as a contractor whilst EAD is pending - Married to USC - Have SSN

[Pickles2413]

Hi All,

Long time lurker (aren't we all lurkers when it comes to the wait times we're experiencing). I'll try to keep my question concise, bit of background:

Been in the US 4 years on E2 Visa
Bonafide marriage to USC in Nov 2018
Made redundant Dec 2018
Filed AOS Jan 2019, NBC
Job offer received April 2019; specialist job in a career I've spent 10 years nurturing. High salary, severe financial loss if not taken.
Raised EAD expedite request April 2019 - severe financial loss/job offer
Received RFIE May 2019...

My new prospective employer wanted me to start May 13th, now with this RFIE (i130a form; I'm adamant I sent this) I'm concerned about the additional delay for the EAD and will lose my expedite request place, already been waiting 5 months... Employer is being patient but I don't know for how long.

I'd like to propose to my prospective employer working as a consultant (self employed) until I receive my EAD. I already have a SSN from my E2 visa (I realise this is subject to DHS authorisation). Can I register a ITIN number with the IRS and be a contractor for prospective employer until EAD arrives. If I did this how would USCIS ever find out? I've also heard that working 'illegally' but being married to a USC is forgiven.

I'm concerned the RFIE will set me back another 5 to 7 months with USCIS, although two tier 2 officers have assured me that this won't happen as my RFIE was sent 5 months into my application. Already spent a large amount of my savings on rent (we live in SF where the rent is *****nomical) and another 5-7 months wait will bankrupt me.

Any advice would be greatly appreciated.

We're in this together!

[mjg3500]

You should consult a lawyer. My understanding is that your expedite won't be held up. It's on pause until they receive your evidence. When they receive it they'll process the case. As far as being married to a citizen, I don't think working without authorization is forgiven. I understand it is overstaying a non-immigrant visa that is forgiven.

[newacct]

Both being out of status and illegal work are not relevant for AOS in the Immediate Relative category. However, nobody here is going to suggest that you work illegally. And I'm not sure it's legal for a company to categorize you as a contractor if you really do the work of an employee, and especially if they are doing it because you are not allowed to work. In any case, if you do work illegally, you must report it truthfully when you file AOS.