Can employer pay legally in USA after work authorization expired

Asked over 1 year ago - Pennsville, NJ

My wife is working on L2 with EAD and her employer is paying the salary every month 20th (For eg. June salary they are paying on July 20th). Her ead will be expiring on August 4th so can her employer pay the July salary legally on August 20th 2013 ?

Attorney answers (6)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, as long as the pay stub indicates the pay period covered under the check.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    Answered . An employer is required to pay for all work performed. Employment must cease upon the expiration of the EAD.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Alexus Paul Sham

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . As long as the payment is for work that was authorized it should be okay. Consult an attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  4. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Ensure that the dates actually worked are specified on the pay stub.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  5. Wendy Rebecca Barlow

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with my colleague. Your can be paid on August 20th so long as she does not work beyond the date she is authorized.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (... more
  6. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes, it can even include any days worked from Aug 1-4.

    It should specify the days worked and that it is a final paycheck.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more

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