Interesting about EAD

[AUBGER 0]

and maybe can be used in our favor...

I start an internship this Monday. I still have my Temporary EAD until January 20th and the company sent me an I-9 form( employment eligibility verification). It is a department of homeland security form and reading through the explanations of the form here is what I found.

"Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days."

Does anybody else at all find that interesting?

[JVKn'CVO 11]

mmm yes, that is interesting

Saludos,

Caro

[LaL 418]

and maybe can be used in our favor...

I start an internship this Monday. I still have my Temporary EAD until January 20th and the company sent me an I-9 form( employment eligibility verification). It is a department of homeland security form and reading through the explanations of the form here is what I found.

"Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days."

Does anybody else at all find that interesting?

I believe this is referring to if you are already work authorized and simply need a replacement document (ie: you lost it but you are legally eligible to work). Quite different than a possible interpretation of "I received my NOA and now I only need to produce the EAD within 90 days". I am sure there is some nuance I have missed here, but this has come up before, and others can correct/add to this.

Adding : perhaps it also pertains to those getting renewals.

[AUBGER 0]

and maybe can be used in our favor...

I start an internship this Monday. I still have my Temporary EAD until January 20th and the company sent me an I-9 form( employment eligibility verification). It is a department of homeland security form and reading through the explanations of the form here is what I found.

"Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days."

Does anybody else at all find that interesting?

I believe this is referring to if you are already work authorized and simply need a replacement document (ie: you lost it but you are legally eligible to work). Quite different than a possible interpretation of "I received my NOA and now I only need to produce the EAD within 90 days". I am sure there is some nuance I have missed here, but this has come up before, and others can correct/add to this.

Adding : perhaps it also pertains to those getting renewals.

Probably..I shall be praying for my EAD to arrive before the 20th so I wouldn't stop the employment. So help me God!

Oh shoot...looking at your timeline...your EAD got approved 2 days after the biometrics? maybe there IS hope

Oh and how did you find out about the approval? email?

[waitingbee 0]

and maybe can be used in our favor...

I start an internship this Monday. I still have my Temporary EAD until January 20th and the company sent me an I-9 form( employment eligibility verification). It is a department of homeland security form and reading through the explanations of the form here is what I found.

"Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days."

Does anybody else at all find that interesting?

I believe this is referring to if you are already work authorized and simply need a replacement document (ie: you lost it but you are legally eligible to work). Quite different than a possible interpretation of "I received my NOA and now I only need to produce the EAD within 90 days". I am sure there is some nuance I have missed here, but this has come up before, and others can correct/add to this.

Adding : perhaps it also pertains to those getting renewals.

Probably..I shall be praying for my EAD to arrive before the 20th so I wouldn't stop the employment. So help me God!

Oh shoot...looking at your timeline...your EAD got approved 2 days after the biometrics? maybe there IS hope

Oh and how did you find out about the approval? email?

Way to read the fine print! As I interpret this, you are good to go if you have applied for you renewal EAD and have NOA1 to show them. Congrats on the internship!

[waitingbee 0]

and maybe can be used in our favor...

I start an internship this Monday. I still have my Temporary EAD until January 20th and the company sent me an I-9 form( employment eligibility verification). It is a department of homeland security form and reading through the explanations of the form here is what I found.

"Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days."

Does anybody else at all find that interesting?

I believe this is referring to if you are already work authorized and simply need a replacement document (ie: you lost it but you are legally eligible to work). Quite different than a possible interpretation of "I received my NOA and now I only need to produce the EAD within 90 days". I am sure there is some nuance I have missed here, but this has come up before, and others can correct/add to this.

Adding : perhaps it also pertains to those getting renewals.

Probably..I shall be praying for my EAD to arrive before the 20th so I wouldn't stop the employment. So help me God!

Oh shoot...looking at your timeline...your EAD got approved 2 days after the biometrics? maybe there IS hope

Oh and how did you find out about the approval? email?

Way to read the fine print! As I interpret this, you are good to go if you have applied for you renewal EAD and have NOA1 to show them. Congrats on the internship!

On 2nd thought as I read your timeline, I am not sure about your work status. As I understand it, all K1s are "work authorized" for the 90 day validity period of the visa. Some are issued the I-551, others are not. I was not, but when I went to the SS office to do my name change (I already had a SS number from previous work in the US), they said that my number was work authorized (from the K1), I just did not have the paper proof of being work authorized. So I am not sure in your case since after the expiration of the K1 I don't believe you are work authorized any more until your EAD comes. One thing you could do is go down to the SS office and ask them how long your number is work authorized for, that may help. This is just my thoughts, if anyone can correct me please do.

[rebeccajo 14]

Social Security will tell you it is up to DHS whether or not you are work authorized.

The language on a marked SS card says - "Valid for Work Only with DHS Authorization".

[LaL 418]

Oh shoot...looking at your timeline...your EAD got approved 2 days after the biometrics? maybe there IS hope

Oh and how did you find out about the approval? email?

My husband'd EAD was approved soon afterward because it took 98 days just to get biometrics. We were emailed then got the card in hand.

[AUBGER 0]

Thank you all for the replies. I'm just gonna go with the flow and see if I will get my EAD by 20th. If not, I'll be thinking of the next step. One day at a time...one day at a time

[JVKn'CVO 11]

Thank you all for the replies. I'm just gonna go with the flow and see if I will get my EAD by 20th. If not, I'll be thinking of the next step. One day at a time...one day at a time

Since you have your temporary EAD, wouldn't that be like renewing your EAD, and then, you would fall into this category, where you have 90 days to present your work authorization?

ps: Why did you change your pic? I liked the one you had before

Saludos,

Caro

Edited January 8, 2008 by JVKn'CVO

[AUBGER 0]

Thank you all for the replies. I'm just gonna go with the flow and see if I will get my EAD by 20th. If not, I'll be thinking of the next step. One day at a time...one day at a time

Since you have your temporary EAD, wouldn't that be like renewing your EAD, and then, you would fall into this category, where you have 90 days to present your work authorization?

ps: Why did you change your pic? I liked the one you had before

Saludos,

Caro

I will still have to decide what to do with EAD. I'm just gonna hope i'm gonna get it like...tomorrow :-P

I changed it because ...I don't know. I guess I got angry with the fact that I was replying to many posts and noone was replying to my questions and decided to make it less personal Go figure.I guess it's personality

[JVKn'CVO 11]

Thank you all for the replies. I'm just gonna go with the flow and see if I will get my EAD by 20th. If not, I'll be thinking of the next step. One day at a time...one day at a time

Since you have your temporary EAD, wouldn't that be like renewing your EAD, and then, you would fall into this category, where you have 90 days to present your work authorization?

ps: Why did you change your pic? I liked the one you had before

Saludos,

Caro

I will still have to decide what to do with EAD. I'm just gonna hope i'm gonna get it like...tomorrow :-P

I changed it because ...I don't know. I guess I got angry with the fact that I was replying to many posts and noone was replying to my questions and decided to make it less personal Go figure.I guess it's personality

aaww sorry about that

It's good that you keep on helping and sharing info, it's what this site is about (though sometimes people forget )

Saludos,

Caro

[AUBGER 0]

Hehe it's fine really. I think I got over it now that I don't have any questions ))

[Johnnie Oz 0]

JVKn'CVO wrote 1/8/2008:

"Since you have your temporary EAD, wouldn't that be like renewing your EAD, and then, you would fall into this category, where you have 90 days to present your work authorization? "

----

Aubger wrote 1/8/2008:

"I will still have to decide what to do with EAD. I'm just gonna hope i'm gonna get it like...tomorrow :-P

I changed it because ...I don't know. I guess I got angry with the fact that I was replying to many posts and noone was replying to my questions and decided to make it less personal Go figure.I guess it's personality"

I am also reasoning along these lines, there are other VJers, inc one employer, who have seconded/thirded etc this.

In other words, here's the thinking:

K1s, with a EA stamp on their I-94 (and maybe those without, but that's another discussion), can tick "renewal" on their original I-765. A copy of the I-765 that was mailed and the NOA1 are then used as "receipt for the application of document" that you can show within 90 days.

Yes, this is controversial. Yes, some employers will be confused. Etc. Etc. But is it illegal? I mean, we have gone through multiple hoops with an approved petition, visa, legal entry with EA-stamp in I-94, possess a SSN etc etc. In addition, we are waiting for the GC, which will be decided upon asap. IN THE MEANTIME, we are work authorized!!! We have one proof of this, the I-94, and have applied for another, the I-766, which we will get. So it's totally reasonable to ask for 90 days to produce this, the ONLY reason we do NOT have it, is due to bureaucracy.

Employers may sympathize with this, if explained rationally. Moreover, the EAD exists (in our case) to allow us to work while further bureaucracy (the AOS process) takes its course. It's gets so absurd that many (but not all, so applying for EAD is always wise) get their GC just after the EAD!!

In other words, the processing of both slows down the other. If the GC was not being processed simultaneously, we could get EAD sooner. But we can't do that b/c that kind of EAD would tied to the I-94, which expires after 90 days.

Conversely, if the EAD was not being processed simultaneously, we would get our GC sooner. But we cannot do this, b/c there is a risk that our GC will be delayed and then we can't work until that's cleared up.

My point, and thanks for reading, is that under these circumstances it is highly reason to interpret the law favorably.

Work-authorized K1s should be able to work as long as they have applied for renewal of EAD as part of AOS, produce such a receipt and then produce the EAD itself WITHIN 90 days. The same 90 days, that USCIS says it should take them to get it to you. 90 days again. Coincidence. Think not.

Anyone tried this? Can anyone be specific as why this won't work? How many K1s are denied EAD. It is a virtual certainty that we will get it since we are work authorized UNTIL a decision is made on our AOS/GC.

JOZ

Edited February 2, 2008 by Johnnie Oz

[Texanadian 10]

^^^ Only trouble I see with that is what happens if they take more than 90 days to get you your EAD?

Personally I'm not for recommending tricky things like the above when it comes to immigration. Heck, I was denied entry into the US when I showed up at the POE 3 days past my K-1 expiry date. No ifs ands or buts. Immigration is strict. Would they catch you? Probably not. INS and IRS are different branches for the most part. But why risk it?