I hold a K1 visa, am I allowed to work till my I-94 expires?

[TeamSleep 0]

I have read some posts that you're allowed to work with a K-1 visa, how the stamp at the boarder is no longer required. I have also read some posts that you are not allowed to work whatsoever without EAD.

I have been holding off on my career because of the long distance relationship, flying back and forth to be with my fiance. Now I just arrived last Friday on a K-1 visa (finally ) I have a pretty good job lead because the company I worked for has offices all over the world, including one in Austin (where I'm living now.) So I was wondering if I could start working right away and are there any documents required for me in order to start working? Or I could start working only when I get all the paper done?

Looking forward to receiving your response/ advice. Thank you so much.

[YuAndDan 153]

This is a gray area.

If you read the employment evidence requirements on form I-9 column A used by employers.

An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

http://www.uscis.gov/files/form/i-9.pdf

If the employer is aware that K-1 is "Work Auth" they may employ, but some may not. Why hire someone for less than 90 days?

[TeamSleep 0]

Thank you Yu and Dan

[desert_fox 32]

you would need an EAD card. Apply when you apply for AOS after marriage.

Edited December 21, 2007 by desert_fox

[TeamSleep 0]

you would need an EAD card. Apply when you apply for AOS after marriage.

Thank you desert_fox!

[rebeccajo 14]

The form itself may be worded to give the impression of a grey area, but instructions to employers are abundantly clear. To be employed without an official DHS work document, the non-immigrants status must be 'employer specific'. A K1 has no such privelege.

http://a257.g.akamaitech.net/7/257/2422/01...pdf/07-5790.pdf

Here's another link if there still a question in readers minds:

http://www.usdoj.gov/crt/osc/htm/facts.htm#docs

Edited December 22, 2007 by rebeccajo

[TeamSleep 0]

Thank you rebeccajo!

[JoeCanuk 3]

The correct answer is that you ARE allowed to work until your I-94 expires but only if it was stamped with temporary work authorization. Mine was...and I worked. Legally. You can too...if it's stamped.

[Mononoke28 135]

It's up to the employer really. I just can't think of any employer who will hire someone for only 90 days and who doesn't have a social security # that says you are authorized to work. A SS # is needed to file taxes and you will have to give them this number when you fill out your W4 before you start working.

Diana

[JoeCanuk 3]

It's up to the employer really. I just can't think of any employer who will hire someone for only 90 days and who doesn't have a social security # that says you are authorized to work. A SS # is needed to file taxes and you will have to give them this number when you fill out your W4 before you start working.

Diana

No employer would legally hire you without a SS#. However, you are allowed to get an SS# before your I-94 expires. That along with your I-94 being stamped "employment authorized until..." is all you need to be able to work.

[pulteseller 0]

rebeccajo, an unexpired I-94 with work authorization is acceptable as a list A document according to the new rules you referenced.

However...

K-1 is automatically authorized to work, whether your I-94 is stamped or not. period.

The trick is getting your EAD before your 90 day I-94 expires, and that's not going to happen.

Example: Mr. K-1 gets married as soon as he arrives in the US. Two weeks later he gets his SS card, and then gets a job. All legit. The next step is AOS and EAD because the K-1 visa will expire after 90 days, along with his eligibility to work (i-94). Chances are there will be a lapse between the time his K-1 eligibility expires and he receives his EAD. 1 month, 2 months, who knows? Probably won't get busted by USCIS at work, but you never know. Depends on the work, and if his employer is aware of immigration law. If he works as a construction laborer, that's a little risky. If he's an IT guy working in a cubey somewhere, probably ok. A large corporation with a large HR division probably won't hire Mr. K-1 and his 90 day eligibility.

The same applies to getting your driver's license. Some states don't allow legal aliens with expired I-94s to get a driver's license. Although, while your I-94 is still valid (within 90 days of arrival) you may get a driver's license. We didn't go to the DMV until after my wife's I-94 had expired, and even though we had applied for AOS, the NC DMV will not issue her a DL until she has EAD or a Green Card. GET YOUR DRIVER'S LICENSE BEFORE YOUR I-94 EXPIRES, OR AT LEAST FIND OUT YOUR STATE'S RULES. Your driver's license will get you in most doors, and having a government issued ID without an expired visa or I-94 saves you a lot of unnecessary explaining.

[TeamSleep 0]

Thanks so much guys. I didn't get the stamp* so I guess I'm not legal to be on payroll.

Anyway....I read somewhere and it says that K1 can apply for SSN two weeks after entry. So if I do that now, would I have to apply for ANOTHER SSN after I get married, or the SSN that I am about to apply will suffice. OR I should just wait till after I get married to apply for SSN. BUT then I read somewhere that someone kinda got into complications when they apply for SSN after marraige.

Can u tell that I'm totally lost and confused? hehe

[TeamSleep 0]

Thanks so much guys. I didn't get the stamp* so I guess I'm not legal to be on payroll.

Anyway....I read somewhere and it says that K1 can apply for SSN two weeks after entry. So if I do that now, would I have to apply for ANOTHER SSN after I get married, or the SSN that I am about to apply will suffice. OR I should just wait till after I get married to apply for SSN. BUT then I read somewhere that someone kinda got into complications when they apply for SSN after marraige.

Can u tell that I'm totally lost and confused?

[Earmuffs 1]

I would apply for it now...

Some people have had problems applying after.

also it cost nothing to change it after you are married.

[Texanadian 10]

Get the SSN now. You'll need it for a bank account.

The I-94 is work authorized. In fact it's the only reason I can see border crossings not giving out the 90 day EAD stamp anymore. It's unnecessary.