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Can I work as an independent contractor while my authorization to work is pending? Will this affect my adjustment of status?

Barstow, CA |

I graduated about 6 months from an auto mechanic school! I am very happy. However, my adjustment of status application is pending along with my authorization to work. I had to make several corrections on the application and now USCIS sent me a receipt saying it is in process and they cashed my check. Meanwhile, I was recently approached for a job by a mechanic who needs help, and he told me that he can hire me as an independent contractor. My student loan payments are about to start in September 2012, and I need to make some money to pay that down. Since I am married to a US citizen and I applied the adjustment of status and authorization to work, how would I be impacted if I elect to work as an independent contractor? Technically, as an independent contractor, I would not be "employed."

Attorney Answers 3

Posted

Not legally.

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2 comments

Asker

Posted

Thank you for your direct answer.

Robert West

Robert West

Posted

your welcome

Posted

I agree. However, any illegal employment may be waived by your US citizen spouse.

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1 found this helpful

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1 comment

Asker

Posted

Understood, thanks

Posted

No.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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3 comments

Asker

Posted

No, I can't work? or No, working will not affect my application?

J Charles Ferrari

J Charles Ferrari

Posted

No, you cannot work. Trying to find loopholes will only get you in trouble.

Asker

Posted

Thanks for the direct answer

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