Being able to work after entering on a K1

[kimandfred 0]

I just don't get it. While everybody says that you can't work until you have your work authorization received after you filed for AOS it states here that you can, unless I missunderstood and I've read post where its still not clear wether or not you can work.

Section C of the beloz document:

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500

[pulteseller 0]

Some K visas will get their I-94 stamped as "employment authorized". My 35 year old wife was not authorized, and my 14 year old stepdaughter was authorized. Haha!! Go figure. It seems to be random. I think that technically a K1 is authorized, but not all immigration officers are aware.

[JoeCanuk 3]

If your I-94 was stamped with work authorization, you ARE allowed to work until it expires. I did. The only challenge is finding someone willing to hire you for a short duration. I repeat, if it's stamped, you are allowed to work. Don't let anyone tell you otherwise.

[AUBGER 0]

I just don't get it. While everybody says that you can't work until you have your work authorization received after you filed for AOS it states here that you can, unless I missunderstood and I've read post where its still not clear wether or not you can work.

Section C of the beloz document:

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500

I don't know but I really hope that this site is right

[AUBGER 0]

K-1 doesn't have any asterisks...i honestly don't understand...but I really really want this to be true

[kimandfred 0]

K-1 doesn't have any asterisks...i honestly don't understand...but I really really want this to be true

Yeah it's really misleading. You get misinformation after misinformation. I will never try to work and jeopardize my visa but damn if I find out after getting me EAD that I could have worked I would be so angry...

What I don't understand is why doesn't the USCIS site reply to this question. I'm about to get married and will apply for AOS and then I was thinking: " what would I do wihtout Visa journey?" How people did that before the internet was created?!

[kimandfred 0]

Oh yeah and I found this document too on VJ....

I'm really starting to wonder if there is someone in this world who actually knows the rule...

em00154.pdf

[Ahmedabugh 0]

Oh yeah and I found this document too on VJ....

I'm really starting to wonder if there is someone in this world who actually knows the rule...

ohhh wow

So you can work without an EAD ????

[athena_ny 1]

You are work authorized, but you don't have anything to prove it, therefore you shouldn't be working.

Ta-da.

That's overly simplified, but still. There's usually a lapse between work authorization anyway and the economy sucks right now as it is, I wouldn't get too upset about it.

[Mononoke28 135]

You also have to understand that most employers, not all, but most will not hire you without a Social Security # that says you are authorized to work. So even if you do have a 90 day stamp on your passport, chances are you won't be able to find legal employment without a valid SS # that says you're authorized to work. Therefore, you will need an EAD to able to work.

Diana

[JoeCanuk 3]

You are work authorized, but you don't have anything to prove it, therefore you shouldn't be working.

Ta-da.

That's overly simplified, but still. There's usually a lapse between work authorization anyway and the economy sucks right now as it is, I wouldn't get too upset about it.

My Social Security card and the stamped I-94 were sufficient proof.

You also have to understand that most employers, not all, but most will not hire you without a Social Security # that says you are authorized to work. So even if you do have a 90 day stamp on your passport, chances are you won't be able to find legal employment without a valid SS # that says you're authorized to work. Therefore, you will need an EAD to able to work.

Diana

I had a Social Security number and a stamped I-94. And I was able to work. You do not need an EAD to work until your stamped I-94 expires.

Edited January 3, 2008 by JoeCanuk

[athena_ny 1]

You are work authorized, but you don't have anything to prove it, therefore you shouldn't be working.

Ta-da.

That's overly simplified, but still. There's usually a lapse between work authorization anyway and the economy sucks right now as it is, I wouldn't get too upset about it.

My Social Security card and the stamped I-94 were sufficient proof. Shouldn't it be enough proof for anyone else?

Are you talking about a Temp EAD?

If no, no. Employers should be looking for work authorization (and the new verbiage on the I-9 seems to apply to people coming on a work visa to work for a certain employer). You got lucky if you didn't have a Temp EAD. If you did have a Temp EAD, yeah it's enough. But that's not the same as your I-94 and SSN.

[JoeCanuk 3]

You are work authorized, but you don't have anything to prove it, therefore you shouldn't be working.

Ta-da.

That's overly simplified, but still. There's usually a lapse between work authorization anyway and the economy sucks right now as it is, I wouldn't get too upset about it.

My Social Security card and the stamped I-94 were sufficient proof. Shouldn't it be enough proof for anyone else?

Are you talking about a Temp EAD?

If no, no. Employers should be looking for work authorization (and the new verbiage on the I-9 seems to apply to people coming on a work visa to work for a certain employer). You got lucky if you didn't have a Temp EAD. If you did have a Temp EAD, yeah it's enough. But that's not the same as your I-94 and SSN.

No, I'm talking about the I-94. It was stamped "employment authorized until..." the date it expired. I took that with my passport and visa to the SS office and they gave me a SS card. It said "valid for work only with DHS authorization". My stamped I-94 was DHS authorization, therefore, I was allowed to work until the I-94 expired. I went through all the paper work to get the job. It was legal.

[pulteseller 0]

We're beating a dead horse here...

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.

[kimandfred 0]

Yeah so it's pretty sad...The answer is yeah you can work but not really...I wonder if people who made these laws really thought through the process and they surely didn't realize that it was having a huge impact on people's lives...pretty sad, really...

thanks for all the comments though.