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Jennifer + James

EAD at JFK POE...

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Filed: K-1 Visa Country: Ghana
Timeline

My husband got a temporary EAD at the JFK Port of Entry, which we are really happy for! But it expires on the same day as his K-1 visa. What if it expires before we receive his renewed permit throught the AOS process? (We are filling his I-765 with the rest of the papers in the Adjustment of Status Package.) Can he continue working, or does he have to stop and wait for the renewed EAD?

It doesn't make sense to give the temporary EAD at the POE if he can't continue working after it expires while we have filed the renewal application and just have to wait for the bureaucrats to get to his paperwork! If the EAD typically takes 90 days, we would have had to file the AOS Package the very day he arrived... and we didn't even get married until a month after his arrival!

Any ideas?

"The really happy person is one who can enjoy the scenery on a detour."

Our Journey:

K-1 Process:

1/17/07 I-129F filed with Nebraska Service Center

1/26/07 NOA1 from California Service Center

5/3/07 NOA2 (email)

5/11/07 Case received by NVC

5/14/07 Case forwarded to Accra Embassy

6/19/07 Packet 3 mailed to fiance

6/30/07 NOA2 (hard copy finally)

7/19/07 Picked up Packet 3 from Accra Embassy!

7/25/07 Returned Packet 3, Received Packet 4, assigned February 2008 Interview

8/1/07 Jennifer Returns to Ghana :)

8/11/07 Engagement Party in Accra!

11/23/07 Granted Rescheduled Interview Date

12/4/07 INTERVIEW

12/19/07 Return to USA together

1/5/08 Winter Wedding in Wisconsin!

AOS/EAD Process:

1/7/08 Apply for SSN

1/14/08 Receive SSN card

2/19/08 AOS Package (incl EAD and Adv. Parole) filed to Chicago Lockbox

3/3/08 NOA1 for AOS, EAD, and Adv Parole

4/23/08 EAD Received

4/30/08 Adv Parole Received

5/19/08 RFE for lost medical documents

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Filed: K-1 Visa Country: Canada
Timeline
My husband got a temporary EAD at the JFK Port of Entry, which we are really happy for! But it expires on the same day as his K-1 visa. What if it expires before we receive his renewed permit throught the AOS process? (We are filling his I-765 with the rest of the papers in the Adjustment of Status Package.) Can he continue working, or does he have to stop and wait for the renewed EAD?

It doesn't make sense to give the temporary EAD at the POE if he can't continue working after it expires while we have filed the renewal application and just have to wait for the bureaucrats to get to his paperwork! If the EAD typically takes 90 days, we would have had to file the AOS Package the very day he arrived... and we didn't even get married until a month after his arrival!

Any ideas?

The EAD from JFK is valid only for 90 days because that is when your K1 expires. You need to submit your AOS to get a longer EAD and then a green card. I'll admit it doesn't make sense but unfortunately there is this gap in legal employment caused by the process.

Have some hope. The timelines for EAD suggest that it may be shorter than 90 days right now maybe you will get lucky.

AOS

Date Filed : 2008-02-15

NOA Date : 2008-02-26

RFE(s) : 2008-03-13

Bio. Appt. : 2008-03-18

AOS Transfer** :

Interview Date : 2008-07-23

Approval / Denial Date : 2008-07-23

Approved : 2008-07-23

Got I551 Stamp :

Greencard Received:

EAD

Date Filed : 2008-02-15

NOA Date : 2008-02-26

RFE(s) :

Bio. Appt. : 2008-03-18

Approved Date : 2008-04-24

Date Card Received : 2008-05-03

Comments : Packet Arrived in Chicago - Feb 20, 2008

Check cashed Feb 28, 2008

AP

Date Filed : 2008-02-15

NOA Date : 2008-02-26

RFE(s) :

Date Approved: 2008-04-24

Date Received : 2008-05-01

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1) Congrats on the getting the JFK stamp. If we all got it, things would be much easier.

2) You can't work after the stamp expires until you get either your EAD or your AOS. Sucks, but that's the way it is.

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