Can my husband continue to work???

[mujercitanyc 0]

My sweetie got here from Brasil almost 4 months ago. We're doing great and all is well on the marriage-front, however we have a question about work.

His 3-month work authorization (I-94) that he got at the airport upon his arrival expired about a month ago. He was working the entire time but is now no longer at that job. We've already applied for the Employment Authorization Card (I-765) and the Adjustment of Status, so all of that is in the works. My question is: Can he get another job at this time or does he have to wait for the actual card to arrive???? And lastly, if he were to stay at his previous job, would he be in violation if he continued to work there past the 3-month period?

We really need him to be working but also understand that if it's a "no-no", then he will just have to be patient.

Thanks y'all!!!!

[kc456 0]

Unfortunately, your husband is not eligible for employment until his 1-yr EAD card arrives. If he were to start, he would need to present the card to the employer within 3 days of his start date.

[TracyTN 237]

Yup. That's why the 90 day EAD given at JFK is hardly worth it (in lots of cases).

[Marisayaniv 0]

I've got a similar dilemma. My husband is authorized to work until March 25, 2006 on a temporary work authorization he received at JFK. We sent in his I-485 as well as the I-765 in January, so we thought he would get his permanent work authorization before his temporary authorization expired.

We called the Customer Service line at USCIS just to confirm that everything was ok, and two separate representatives said that the temporary work authorization automatically becomes invalid when you submit an application to adjust status! This seem ridiculous, given that most people apply to adjust immediately after they arrive, but this seems to be the official position.

Has anyone else encountered this situation?

Thanks so much!

Marisa

[Jenn! 918]

I never found out if this was true or not, but I heard that if you are currently employed when your temp EAD expires and you have already filed your AOS paperwork including the EAD app, you can go to your local office to request an interim EAD, and you don't have to wait 90 days from NOA 1 to do so. This is only if you are employed at the time of the initial EAD expiration.

This is unconfirmed, however, it seems counterintuitive that they would require someone who is already working legally and has filed the appropriate paperwork to continue that authorization to stop working upon expiration of the initial EAD.

[Kez/JWolf 6]

I asked about this at infopass and the USCIS officer told me that if your temp EAD from K1 has expired you have to stop work until you actually have received the EAD that was filed along with your AOS... She said this is because you are no longer a K1 visa status as soon as you receive your NOA for AOS your status changes to Adjustment applicant pending... and you do not have work authorization until you receive your EAD card...

Kezzie

[Jenn! 918]

I asked about this at infopass and the USCIS officer told me that if your temp EAD from K1 has expired you have to stop work until you actually have received the EAD that was filed along with your AOS... She said this is because you are no longer a K1 visa status as soon as you receive your NOA for AOS your status changes to Adjustment applicant pending... and you do not have work authorization until you receive your EAD card...

Kezzie

Well, in that case, then wouldn't your temp EAD expire as soon as you get married? Once you're married, you're no longer K1 visa status either, since the K1 visa is only for fiances.

The whole thing really confounds me. What purpose does the temp EAD serve then? And the answer can't be "no purpose - don't bother getting one"; they must have instituted these practices for some reason.

[zyggy 9]

I asked about this at infopass and the USCIS officer told me that if your temp EAD from K1 has expired you have to stop work until you actually have received the EAD that was filed along with your AOS... She said this is because you are no longer a K1 visa status as soon as you receive your NOA for AOS your status changes to Adjustment applicant pending... and you do not have work authorization until you receive your EAD card...

Kezzie

Well, in that case, then wouldn't your temp EAD expire as soon as you get married? Once you're married, you're no longer K1 visa status either, since the K1 visa is only for fiances.

The whole thing really confounds me. What purpose does the temp EAD serve then? And the answer can't be "no purpose - don't bother getting one"; they must have instituted these practices for some reason.

Because it used to be that you could just walk into a DO and adjust on the spot... THe reason that this was done is that so people could step into a job when they entered on a K1, and then get married and go to the DO at their convenience before the 90 days were up.

We now know that this is not the case, however the INA provision that allows K1 to be EA has never been changed to reflect today's reality.

[diadromous mermaid 36]

If a K-1 has employment on a temporary EAD, and has submitted the AOS application and received a NOA for the I-765, why wouln't this be a case of employment reverification?

[kc456 0]

If a K-1 has employment on a temporary EAD, and has submitted the AOS application and received a NOA for the I-765, why wouln't this be a case of employment reverification?

What do you mean by that?

Also, K1 EAD (and an inherent work authorized status) is what allows someone on K1 to apply and get SSN. So at least there's some benefit to it. But it is confounding nonetheless.

[ChristinaM 0]

Isn't it a case that when you're adjusting you're C9 EAD status, but your K1 has a different EAD code and so it's not an employment reverification?

I understand there to be some ongoing debate about when K1 work authorisation expires - some people say it's when you marry and no longer have K1 status, others say that it's the full 90 days. I don't know the answer, but I can see how it could interpreted either way.