unauthorized work

[tonym2]

Hello,

I was on an H1B visa until december at which point my employer terminated my employment. I'm married to a USC and a week after the termination we filed for AOS and work authorization. Am I at risk of deportation at the moment? am I out of status? or does filing for the AOS enough to excuse my presence in the states?

I'm also wondering if it would be ok for me to pick up a job with uber or online with websites like upwork before I received the work authorization. I read somewhere that its ok for immediate relatives to work without authorization? is that correct? and how would that affect AOS application.

Thanks.

[newacct]

Hello,

I was on an H1B visa until december at which point my employer terminated my employment. I'm married to a USC and a week after the termination we filed for AOS and work authorization. Am I at risk of deportation at the moment? am I out of status? or does filing for the AOS enough to excuse my presence in the states?

I'm also wondering if it would be ok for me to pick up a job with uber or online with websites like upwork before I received the work authorization. I read somewhere that its ok for immediate relatives to work without authorization? is that correct? and how would that affect AOS application.

Thanks.

You remain in H1b status for 60 days after termination of work, unless your I-94 expires sooner, so you will remain in status until February, and thereafter you will be out of status. You can remain in the US (and not be deported for being out of status) for as long as AOS is pending regardless of whether you have status or not. (And in fact, in your category, you don't even need to have been in status when filing AOS. You could have been out of status for years before filing AOS and it wouldn't make any difference for AOS.)

It's illegal for you to work before you get an EAD (which you can apply for for free together with AOS if you want) or your green card. Illegal work won't affect your AOS in your category; but that doesn't mean it's "OK" to do it.

[tonym2]

You remain in H1b status for 60 days after termination of work, unless your I-94 expires sooner, so you will remain in status until February, and thereafter you will be out of status. You can remain in the US (and not be deported for being out of status) for as long as AOS is pending regardless of whether you have status or not. (And in fact, in your category, you don't even need to have been in status when filing AOS. You could have been out of status for years before filing AOS and it wouldn't make any difference for AOS.)

It's illegal for you to work before you get an EAD (which you can apply for for free together with AOS if you want) or your green card. Illegal work won't affect your AOS in your category; but that doesn't mean it's "OK" to do it.

Thank you for your awesome help. Now when you say its illegal to work but i won't affect my AOS. What are ten the ramifications of me working without the authorization? what do i stand to lose if i do it?

[BlahBlah1846]

Hello,

I was on an H1B visa until december at which point my employer terminated my employment. I'm married to a USC and a week after the termination we filed for AOS and work authorization. Am I at risk of deportation at the moment? am I out of status? or does filing for the AOS enough to excuse my presence in the states?

I'm also wondering if it would be ok for me to pick up a job with uber or online with websites like upwork before I received the work authorization. I read somewhere that its ok for immediate relatives to work without authorization? is that correct? and how would that affect AOS application.

Thanks.

If your AOS application is currently pending, you are staying legally; however UNTIL you receive your EAD card, YOU CANNOT WORK.

- - - Updated - - -

Thank you for your awesome help. Now when you say its illegal to work but i won't affect my AOS. What are ten the ramifications of me working without the authorization? what do i stand to lose if i do it?

Like others have said before, working WITHOUT your ead card WHILE your AOS application is pending will put your entire application is jeopardy! Don'y be stupid. Just wait until you get your work authorization.

[newacct]

Like others have said before, working WITHOUT your ead card WHILE your AOS application is pending will put your entire application is jeopardy!

On what legal basis do you say that it would put the application in jeopardy?