Another EAD question...

[jannaxhitti 0]

I was just reading a link from the "step-by-step guide to getting a SSN" in this forum and I'm confused by some of the info--

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

This site states:

1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD:

K-1 Fiancé(e) of U.S. citizen

It later lists "2. Aliens Who Require an EAD from DHS Authorizing Employment" and K-1 is not listed.

What's with this?? Does this mean that if my fiance has his K-1 he can work without the EAD? I have read differently on several occasions, but reading this site has confused me.

Another thing: My fiance can apply for a SSN immediately, right? He doesn't require an EAD to apply, correct? Just want to get it out of the way....

Thanks everybody!!!!

[Taylorlove 0]

I was just reading a link from the "step-by-step guide to getting a SSN" in this forum and I'm confused by some of the info--

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

This site states:

1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD:

K-1 Fiancé(e) of U.S. citizen

It later lists "2. Aliens Who Require an EAD from DHS Authorizing Employment" and K-1 is not listed.

What's with this?? Does this mean that if my fiance has his K-1 he can work without the EAD? I have read differently on several occasions, but reading this site has confused me.

Another thing: My fiance can apply for a SSN immediately, right? He doesn't require an EAD to apply, correct? Just want to get it out of the way....

Thanks everybody!!!!

As far as what you've read 'here and there' I can't be too sure.. though he does need an employment authorization document to work but without his SSN it is not possible. He must apply for a SSN as soon as he arrives in the US. Leave approximately 2 or 3 weeks before he gets his SSN. His info will be entered into the government system upon POE and thus will take 2-4 weeks for his SSN through the door.

Good luck!!

[KarenCee 3]

From what I've read here....if your fiancé comes through JFK as his POE and if he asks for it, he can get the temporary EAD stamp. The only advantage that I can see for this is if he will be able to find a job immediately AND you would need to marry immediately once he arrives so you can immediately file AOS, EAD, and AP (all included in the one price) after the marriage since it takes at LEAST 90 days for the EAD to be approved.

[jannaxhitti 0]

Hello again...

I just found some new information regarding the EAD. According to the new I-9 form that people fill out when starting a job:

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.

(info found at: http://www.uscis.gov/files/form/i-9.pdf

So if I'm correct, it seems like if my fiance can produce the Notice of Receipt from USCIS showing he has applied for the EAD, he will be able to begin work and produce the actual EAD when it arrives within the following 90 days. Does that sound right??

[tom_g 3]

Hello again...

I just found some new information regarding the EAD. According to the new I-9 form that people fill out when starting a job:

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.

(info found at: http://www.uscis.gov/files/form/i-9.pdf

So if I'm correct, it seems like if my fiance can produce the Notice of Receipt from USCIS showing he has applied for the EAD, he will be able to begin work and produce the actual EAD when it arrives within the following 90 days. Does that sound right??

nope, it sounds wrong to me. As far as I'm aware, until USCIS have approved you for work, you can't work. Getting the EAD NOA doesn't mean you're approved, it just means you've applied.

But don't take my word for it., ask a professional

[Neonred 3,562]

As you have read from the DHS website the unexpired I-94 of a K-1 visa holder is the work authorization. Finding an employer that understands that is likely to be a problem.

[David-Rhosie 0]

Hello again...

I just found some new information regarding the EAD. According to the new I-9 form that people fill out when starting a job:

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.

(info found at: http://www.uscis.gov/files/form/i-9.pdf

So if I'm correct, it seems like if my fiance can produce the Notice of Receipt from USCIS showing he has applied for the EAD, he will be able to begin work and produce the actual EAD when it arrives within the following 90 days. Does that sound right??

That's how I understand it as well. But when I tried reading the part of the EAD Receipt Notice that looked so confusing. It stated that:

"This receipt notice provides notification of the date that your application/petition was received by USCIS. This receipt notice does NOT grant any immigration status or benefit. You may not present this receipt notice as evidence that you have been granted any immigration status or benefit. In addition, this receipt notice does not constitute evidence that your application remains pending with USCIS (i.e, that a decision to grant or deny your application has not yet been made). The current status of your application/petition must be verified with USCIS."

So, the safest way to do it is to wait for the actual EAD or if you want to further clarify this particular issue then you may call the customer service hotline and see if they can provide you with an answer to enlighten you on this matter.

Edited March 24, 2008 by David-Rhosie

[kim&james 0]

Hello again...

I just found some new information regarding the EAD. According to the new I-9 form that people fill out when starting a job:

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.

(info found at: http://www.uscis.gov/files/form/i-9.pdf

So if I'm correct, it seems like if my fiance can produce the Notice of Receipt from USCIS showing he has applied for the EAD, he will be able to begin work and produce the actual EAD when it arrives within the following 90 days. Does that sound right??

That's how I understand it as well. But when I tried reading the part of the EAD Receipt Notice that looked so confusing. It stated that:

"This receipt notice provides notification of the date that your application/petition was received by USCIS. This receipt notice does NOT grant any immigration status or benefit. You may not present this receipt notice as evidence that you have been granted any immigration status or benefit. In addition, this receipt notice does not constitute evidence that your application remains pending with USCIS (i.e, that a decision to grant or deny your application has not yet been made). The current status of your application/petition must be verified with USCIS."

So, the safest way to do it is to wait for the actual EAD or if you want to further clarify this particular issue then you may call the customer service hotline and see if they can provide you with an answer to enlighten you on this matter.

That is for those waiting for a replacement card and already approved for the EAD not for those doing a first application and not having been already approved in the past.

[jannaxhitti 0]

That is for those waiting for a replacement card and already approved for the EAD not for those doing a first application and not having been already approved in the past.

Bummer. I figured it must be too good to be true! Oh well, we must be patient while I continue to support the two of us... it sure hurts his ego to not be able to "bring home the bacon" though!!

Thanks for your comments!

[Robyn-n-Kris 72]

Secondary question to the above. If you are able to go through JFK, get the temp work EAD, marry w/in the 90days and apply for the AOS/EAD/AP you can work from the beginning and if all goes well hope to get the EAD before the temp one runs out correct? We are just curious as Kris may try and get a flight through to JFK if that is the case. He hates the idea of not being able to work right away.

[jannaxhitti 0]

Secondary question to the above. If you are able to go through JFK, get the temp work EAD, marry w/in the 90days and apply for the AOS/EAD/AP you can work from the beginning and if all goes well hope to get the EAD before the temp one runs out correct? We are just curious as Kris may try and get a flight through to JFK if that is the case. He hates the idea of not being able to work right away.

Yes, theoretically that would work IF you got married immediately once he entered with his K1. The reason for this is that whe you apply for the AOS/EAD/AP, it generally takes about 90 days to receive the EAD (and judging by the above observations, just applying for it isn't enough to work.) And his temporary EAD (stamp at JFK) EXPIRES 90 days after he enters the US. So more than likely, there will be a gap in his work authorization. The size of that gap would be determined by how long after he comes here you get married.

[Robyn-n-Kris 72]

Secondary question to the above. If you are able to go through JFK, get the temp work EAD, marry w/in the 90days and apply for the AOS/EAD/AP you can work from the beginning and if all goes well hope to get the EAD before the temp one runs out correct? We are just curious as Kris may try and get a flight through to JFK if that is the case. He hates the idea of not being able to work right away.

Yes, theoretically that would work IF you got married immediately once he entered with his K1. The reason for this is that whe you apply for the AOS/EAD/AP, it generally takes about 90 days to receive the EAD (and judging by the above observations, just applying for it isn't enough to work.) And his temporary EAD (stamp at JFK) EXPIRES 90 days after he enters the US. So more than likely, there will be a gap in his work authorization. The size of that gap would be determined by how long after he comes here you get married.

In all reality.. our plans are to marry within a day or two after he arrives... so yes... we would apply immediately.. its going to be a civil one and next year on our year anniversary we will have a proper wedding. So this would work well if that is the case.

[tom_g 3]

We married 2 days after arriving, filed 2 days after marriage, and I received my EAD last week, my I-94 is still valid (until 12th april) IF I'd have got the POE stamp (I didn't, came through san fran) then i'd have been able to work without a gap

[nicole/philip 0]

Hello again...

I just found some new information regarding the EAD. According to the new I-9 form that people fill out when starting a job:

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.

(info found at: http://www.uscis.gov/files/form/i-9.pdf

So if I'm correct, it seems like if my fiance can produce the Notice of Receipt from USCIS showing he has applied for the EAD, he will be able to begin work and produce the actual EAD when it arrives within the following 90 days. Does that sound right??

hi, it sure sounds right to me. i myself am looking for information regarding EAD. a lot of people here have been asking also if they can work after expiration of temporary EAD. here's a link that might help you if you want answers regarding this. goodluck.

http://www.cyrusmehta.com/News.aspx?SubIdx...47&Year=All

philip

[tom_g 3]

Hello again...

I just found some new information regarding the EAD. According to the new I-9 form that people fill out when starting a job:

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.

(info found at: http://www.uscis.gov/files/form/i-9.pdf

So if I'm correct, it seems like if my fiance can produce the Notice of Receipt from USCIS showing he has applied for the EAD, he will be able to begin work and produce the actual EAD when it arrives within the following 90 days. Does that sound right??

hi, it sure sounds right to me.

it isn't right. you can't work without EAD. The NOA for the initial EAD is not enough. You can get a 90 EAD at the POE - EAD which is valid only for 90 days - meaning you can only work for 90 days. And you can apply for EAD with AOS and wait a couple of months. That EAD card will last 1 year, after which you must file again to renew. WHEN YOU'RE RENEWING YOUR EAD CARD, YOU CAN USE THE NOA FOR THE I9 as above.

Before you've been approved for EAD, you are simply NOT work authorized, unless you have the POE stamp, in which case you have 90 day to work.

Honestly, everyone comes in here thinking they've found the holy grail, the little logical link that everyone else has missed. Most people accept it sooner or later.