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Waleed khan
Apr 16, 2021
form I-797c
Can I work on form I-797 “reciept of notice “ if I am waiting for EAD card. My case was submitted sep 25 2020.I called USCIS and they say as long as employer accept form I-9 with form I-797 it is ok to work?
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JA 2021Apr 16, 2021
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Tha BizApr 16, 2021
You cannot accept employment based on Form I-797C “Notice of Action” or “Receipt of Notice” if however your case is approved and you get From-797A “Notice of Approval” then you can accept employment with this form as you’d be sure your card is on the way. My forms said that all Notices of Actions/Receipt Notices are not legal documents nor proof that case is approved therefore should not be used as official documents or proof of lawful presence in the US nor to seek official benefits (like obtaining a driver’s license) while using the forms as identification or proof of residence. Short answer: No you cannot Now, its very interesting that USCIS would tell you that if employer accepts Form I-9 (because as long as you are a non citizen, your employer has to file From I-9 which shows your eligibility to work in the US which means you have authorization or EAD) I hear that there are some employers who choose to hire under the table, but for those you cannot get benefits or be on the payroll and definitely do not get a W-2 for taxes. Very risky business, so I’d avoid it! For employers who are required to use Form I-9 and choose not to use or not comply with it, there are huge huge fines for that. So make sure you or your potential/future employer do not overlook that as it can result in big fines. If you have a job offer already, I would suggest you ask your employer to write you a letter of recommendation. Saying that they want to hire you as you are an ideal candidate and that they urgently need to fill the position to stay ahead of work but are not able to do so because you do not have your employment authorization yet. Then ask if possible to expedite your case so you can start work soon! If you can get such a letter from your potential/future employer with company seal and signature (if possible) then file for an expedite request and use letter as evidence to why you need your EAD approved as soon as possible! In no way am I an immigration lawyer or an immigration expert. These are just a few thoughts based on what you shared. So I can only hope that in some ways it did help or at leas point you in the right direction. If you are working with a lawyer you can ask them what is the best course of action, if you filed without a lawyer may be seek help from an immigration expert or people who were in similar situations like you. Best of luck on your application! wish you all the best!
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Waleed khanApr 16, 2021
ok. thank you so much for detailed answer

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