Who to believe about temp work visa

[Danny&Adri 1]

A month or so ago, I called the US CIS regarding our K1 process. I have just submitted the I-129F.

One of the questions I asked the US CIS was about a temp work visa. They mentioned that upon arrival of my fiancee I would need to submit paperwork, which would probably not be approved in time for our marriage, at which time I would have to submit the paper work for the perm residence and perm work visa. (In other words, a temp work visa is not worth the effort, since it probably won't be issued in time for the change of status paperwork.)

BUT... on posts here at Visa Journey I have heard things like a POE of JFK would allow my financee to get a temp work visa immediately with no problem. Am I missing something here or did I perhaps explain something wrong as I was asking my question of the US CIS support center?

Other related questions:

- What do folks know of Atlanta or Miami as a POE and would we get temp work visas there?

- How are these temp work visas with large company employment, e.g. do companies want to wait for the perm visas?

- If hired, is the financee required to resign upon marriage and then get re-hired once the perm work visa is recieved?

Thanks for any comments and advice.

Dan

Edited April 20, 2006 by Danny&Adri

[tracyandoksana 0]

some POE's do issue temp work permits. The problem comes is the run out before the time it take to get a work permit that is good for a year. As USCIS states the work permit processing time is 60-90 days. So Your fiance could get a job but as soon as the temp runs out she would have to quit her job waiting on the other one you will apply for.

[dirtyd301 0]

hi Dan! ok so how it works is: if you arrive at a POE with a EAD stamp then your fiance can work ONLY until the visa is up after 90 days. here is the problem with that. when you get married you will apply for AOS and a temporary work permit that will allow your fiance to work while the green card is processing cuz it can take up to a year to process. once she receives her green card she can work permanently. so on a K1 visa I would not even bother getting an EAD stamp at the POE cuz you temporary work permit that you file with the AOS will take 60-90 days to process and if your stamped EAD runs out before that she would have to quit her job until the permit was processed. i know this is alittle confusing but i hoped that it helped.

Good Luck to ya!

Diana and

[Boiler 45,770]

A month or so ago, I called the US CIS regarding our K1 process. I have just submitted the I-129F.

One of the questions I asked the US CIS was about a temp work visa. They mentioned that upon arrival of my fiancee I would need to submit paperwork, which would probably not be approved in time for our marriage, at which time I would have to submit the paper work for the perm residence and perm work visa. (In other words, a temp work visa is not worth the effort, since it probably won't be issued in time for the change of status paperwork.)

BUT... on posts here at Visa Journey I have heard things like a POE of JFK would allow my financee to get a temp work visa immediately with no problem. Am I missing something here or did I perhaps explain something wrong as I was asking my question of the US CIS support center?

Other related questions:

- What do folks know of Atlanta or Miami as a POE and would we get temp work visas there?

- How are these temp work visas with large company employment, e.g. do companies want to wait for the perm visas?

- If hired, is the financee required to resign upon marriage and then get re-hired once the perm work visa is recieved?

Thanks for any comments and advice.

Dan

You can on entry on a K1 apply for EAD on the basis of you K1 status, somebody did, got it with about a couple of weeks validity on it.

Other question

1. Never heard of Atlanta or Miami giving EAD Stamp.

2. Would you take on someone who by the time they got their SS was left with say 2 months work authorisation?

3. I have heard two stories on the POE EAD validity, let's say in practice its good for 90 days and then you need to wait for the EAD based on AOS.

[gag54611 1]

Dan,

Here is your best-case scenario.

Arrive at JFK and ask for the employment authorization stamp in your passport (I've heard of no other POEs giving out the stamp, only JFK). Get married the next day, file for AOS and a 1-year EAD the day after the wedding. EAD processing takes about 90 days, so you should get it just around the time that the JFK stamp runs out. Does that mean that you have to give up your job? That's a good question. I don't know the legal ramifications, but it seems to me that if the USCIS is giving out temporary EAD stamps then maybe they were thinking that work could continue while your real EAD is being processed. Perhaps a copy of your NOA1 for the EAD would satisfy the employment requirements. I'm sorry, I don't know what those exact requirements are.

If you don't plan to get married until a few weeks after your arrival, then the JFK stamp may well be useless in the event that employment law states that you cannot work if you don't have an EAD of some description.

Best of luck,

G

[goadii 0]

Attached is a doc that may or may not help. There is other guidance that can be found in the Federal Register.

The K-1 and work authorization being "seamless" was a casualty of September 11th, but USCIS cannot really tell you why. It used to be simple --- arrive, and if you're passport wasn't stamped work authorized at the POE, go to the local INS office and they would do it right there.

At least that was the case with my first K-1 --- stamped her I-94 and we went to the SS office to apply for a card. End of story for the K-1 90-day period. Luck to all...

K_1_EMPLOYMENT_INFO.pdf