CAN I WORK WITH K1 VISA?

[RaTBoX 1]

How did you got a TEMP STAMP FOR I-94???? THE ONLY STAMP I HAVE IN MY I-94 is the DHS customs and boarder protection which is valid until SEPT. 16..... IS IT THE SAME???

Certain points of entry into the US give out this stamp. The most commonly cited one is JFK airport. It is a different stamp to the entry stamp on the I-94. It's a red stamp on the back of the I-94 which says "EMPLOYMENT AUTHORIZED UNTIL" and then a hand written date (at least that's what I got from JFK airport). Without this stamp (the stamp itself is an category (a)(6) EAD), or an actual EAD card of category (a)(6), it's not legal for a K1 visa holder to accept employment.

[Wei&Shu(Joe) 2]

A Temp EAD stamp on your I-94 is valid for 90 days, it does not end when you get married. If you have a temp EAD stamp then you can work upto the expiry date on the I-94 then you should stop work until you have a approved EAD that you applied for along with your AOS.

If you do not have a temp EAD stamp then you can not work until you have been approved for EAD that you filled for along with your AOS.

Jon

How did you got a TEMP STAMP FOR I-94???? THE ONLY STAMP I HAVE IN MY I-94 is the DHS customs and boarder protection which is valid until SEPT. 16..... IS IT THE SAME???

It is my understanding that the EAD stamp is meaningless. It is a 90 day EAD. All K1 visa holders are work authorized for 90 days, mainly so they can get the SSN.

The problem is that, EAD stamp or not, you'd have to stop working at 90 days until you receive your green card.

[RaTBoX 1]

A Temp EAD stamp on your I-94 is valid for 90 days, it does not end when you get married. If you have a temp EAD stamp then you can work upto the expiry date on the I-94 then you should stop work until you have a approved EAD that you applied for along with your AOS.

If you do not have a temp EAD stamp then you can not work until you have been approved for EAD that you filled for along with your AOS.

Jon

How did you got a TEMP STAMP FOR I-94???? THE ONLY STAMP I HAVE IN MY I-94 is the DHS customs and boarder protection which is valid until SEPT. 16..... IS IT THE SAME???

It is my understanding that the EAD stamp is meaningless. It is a 90 day EAD. All K1 visa holders are work authorized for 90 days, mainly so they can get the SSN.

The problem is that, EAD stamp or not, you'd have to stop working at 90 days until you receive your green card.

You're half right.

All K1 visa holders are authorized to work incident to their status as K1 visa holders. This is defined in Title 8 CFR §274a.(12).(a) and §274a.(12).(a).(6).

However, as the same section states:

"Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization."

Paragraph (a)(6) is K1 visa holders. So they are authorized to work, but they also have to have documentary proof of this authorization to have a job. This documentary proof comes in the form of an EAD stamp, or a category (a)(6) EAD card (which it isn't worth applying for). So if you have the stamp you can legally work, if you don't you can't (unless you have a card).

You have to stop working when your EAD expires (be it a stamp or a card) until you get another piece of documentary evidence stating you're authorized to work, either your [c][9] category EAD card, or the green card itself.

Edited July 31, 2008 by RaTBoX

[Wei&Shu(Joe) 2]

How did you got a TEMP STAMP FOR I-94???? THE ONLY STAMP I HAVE IN MY I-94 is the DHS customs and boarder protection which is valid until SEPT. 16..... IS IT THE SAME???

Certain points of entry into the US give out this stamp. The most commonly cited one is JFK airport. It is a different stamp to the entry stamp on the I-94. It's a red stamp on the back of the I-94 which says "EMPLOYMENT AUTHORIZED UNTIL" and then a hand written date (at least that's what I got from JFK airport). Without this stamp (the stamp itself is an category (a)(6) EAD), or an actual EAD card of category (a)(6), it's not legal for a K1 visa holder to accept employment.

Again, I think this is incorrect information. All K1's are work authorized for 90 days. Why is JFK the only place that gives the stamp? New Yorkers are impatient practical people. Try to convince every K1 coming through that they've misunderstood the law or use the old stamp they have around and move you along, happily thinking that you're one of the few work authorized K1's? Fuggetaboutit! Here you go. You got a stamp! Get's a free hot dog at Nathans too! Next!

[Wei&Shu(Joe) 2]

A Temp EAD stamp on your I-94 is valid for 90 days, it does not end when you get married. If you have a temp EAD stamp then you can work upto the expiry date on the I-94 then you should stop work until you have a approved EAD that you applied for along with your AOS.

If you do not have a temp EAD stamp then you can not work until you have been approved for EAD that you filled for along with your AOS.

Jon

How did you got a TEMP STAMP FOR I-94???? THE ONLY STAMP I HAVE IN MY I-94 is the DHS customs and boarder protection which is valid until SEPT. 16..... IS IT THE SAME???

It is my understanding that the EAD stamp is meaningless. It is a 90 day EAD. All K1 visa holders are work authorized for 90 days, mainly so they can get the SSN.

The problem is that, EAD stamp or not, you'd have to stop working at 90 days until you receive your green card.

You're half right.

All K1 visa holders are authorized to work incident to their status as K1 visa holders. This is defined in Title 8 CFR §274a.(12).(a) and §274a.(12).(a).(6).

However, as the same section states:

"Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization."

Paragraph (a)(6) is K1 visa holders. So they are authorized to work, but they also have to have documentary proof of this authorization to have a job. This documentary proof comes in the form of an EAD stamp, or a category (a)(6) EAD card (which it isn't worth applying for). So if you have the stamp you can legally work, if you don't you can't (unless you have a card).

You have to stop working when your EAD expires (be it a stamp or a card) until you get another piece of documentary evidence stating you're authorized to work, either your [c][9] category EAD card, or the green card itself.

Yes, that is because the 90 day EAD is not intended as a viable work permit. It is included so that K1s can get an SSN, which some states require to obtain a marriage license. Without it K1s in certain jurisdictions would be in a situation where they were required to marry in 90 days but unable to obtain a marriage license until they married and adjusted staus.

The intent is obviously not for K1s to all find <90 day employment then have to quit. Yes, they must have documentary evidence. So if you go and get a job with a 90 day authorization the employer should correctly ask what documentation will you be able to show me in 90 days? Will you have work authorization documents beyond then? The above law makes it clear to employers that unless they are hiring for under 90 days their employee will be illegal at that time and they will have no documentation and you'll both be in violation of the law.

If you've found a great 89 day job in the US, more power to you. I'm not knockin' it. A K1 visa is documentary evidence that by law you are work authorized for 90 days because by law, you are work authorized. It can therefore be presented at SS office to obtain SSN.

I'm not a lawyer but I've seen these discussed extensively here and on candleforlove.com and the relevant laws seem to back this up. That is why POEs stopped routinely giving the stamp.

[RaTBoX 1]

Yes, that is because the 90 day EAD is not intended as a viable work permit. It is included so that K1s can get an SSN, which some states require to obtain a marriage license. Without it K1s in certain jurisdictions would be in a situation where they were required to marry in 90 days but unable to obtain a marriage license until they married and adjusted staus.

The intent is obviously not for K1s to all find <90 day employment then have to quit. Yes, they must have documentary evidence. So if you go and get a job with a 90 day authorization the employer should correctly ask what documentation will you be able to show me in 90 days? Will you have work authorization documents beyond then? The above law makes it clear to employers that unless they are hiring for under 90 days their employee will be illegal at that time and they will have no documentation and you'll both be in violation of the law.

If you've found a great 89 day job in the US, more power to you. I'm not knockin' it. A K1 visa is documentary evidence that by law you are work authorized for 90 days because by law, you are work authorized. It can therefore be presented at SS office to obtain SSN.

I'm not a lawyer but I've seen these discussed extensively here and on candleforlove.com and the relevant laws seem to back this up. That is why POEs stopped routinely giving the stamp.

Having a stamped I-94 has nothing to do with getting a social security number. K1 holders are work authorized so they can get a job. USCIS is responsible for an individual's work status, and the Social Security Agency is responsible for issuing an individual with a number. They are separate areas covered by separate laws.

I think you're making a few leaps in the interpretation of the Code of Federal Requirements and the I-9 rules. It's illegal for an employer to disregard an application or refuse to hire an applicant based on the future expiration date of a document. The fact that you have a 90 day EAD does not mean that in 90 days you'll necessarily be ineligible to work, it just means that specific document expires. The status may still be valid. It just happens that in the case with K1 holders they do become ineligible unless they have obtained their [c][9] EAD before the [a][6] stamp expires.

A K1 visa is not documentary proof of work authorization. I'd like to see which law says it is, when I've shown you the law that says a K1 holder must apply for documentary proof of authorization. A K1 doesn't prove the work authorization, just the status.

But if you can show me some immigration law that backs up your claim, I'll happily read it. Until I see otherwise, I'll go with the law in Title 8 CFR §274a.(12).(a)

[CLIFJOY 0]

am i allowed to work under k1 visa? i already apply for AOS and EAD. but i'm still wondering if i can work while my I-94 still not expired? i already have SSN... i guess the EAD take 2-3 months.... i really wanna work because i get board already..... your answer is highly appreciated.... thank you

thank you....

No, you must wait for EAD.

so how long does EAD usually approved??? am i right 2-3 months??? so i have to stay home for that...

If you have the internet at home there are many opportunities to earn money online while you wait for your EAD..

CAN YOU GIVE ME THE SITE SO THAT I CAN WORK TOO IN INTERNET...COZ SO BORED.I CAN GET A CALIFORNIA ID,SSN,..COZ MY I-94 EXPIRE THID SEP.23 AND I GET MARRIED THIS SEP.7..AND I PAST MY AOS DOCUMENTS THIS MONDAY SEP.22,IT IS OKY?

[CLIFJOY 0]

am i allowed to work under k1 visa? i already apply for AOS and EAD. but i'm still wondering if i can work while my I-94 still not expired? i already have SSN... i guess the EAD take 2-3 months.... i really wanna work because i get board already..... your answer is highly appreciated.... thank you

thank you....

ME TOO MY FRIEND IM SO BORED IN HOUSE,.I CANNOT WORK..BY THE WAY MY NAME IS MARY JOY COME FROM IN PHILIPPINES MY HUSBAND COME FROM IN CALIFORNIA STOCKTON..DO YOU HAVE YM SO THAT WE CAN TEX SO THAT NOT BORED AND WE CAN SHARE OUR FORUM...THNKS

[CLIFJOY 0]

Yes, that is because the 90 day EAD is not intended as a viable work permit. It is included so that K1s can get an SSN, which some states require to obtain a marriage license. Without it K1s in certain jurisdictions would be in a situation where they were required to marry in 90 days but unable to obtain a marriage license until they married and adjusted staus.

The intent is obviously not for K1s to all find <90 day employment then have to quit. Yes, they must have documentary evidence. So if you go and get a job with a 90 day authorization the employer should correctly ask what documentation will you be able to show me in 90 days? Will you have work authorization documents beyond then? The above law makes it clear to employers that unless they are hiring for under 90 days their employee will be illegal at that time and they will have no documentation and you'll both be in violation of the law.

If you've found a great 89 day job in the US, more power to you. I'm not knockin' it. A K1 visa is documentary evidence that by law you are work authorized for 90 days because by law, you are work authorized. It can therefore be presented at SS office to obtain SSN.

I'm not a lawyer but I've seen these discussed extensively here and on candleforlove.com and the relevant laws seem to back this up. That is why POEs stopped routinely giving the stamp.

Having a stamped I-94 has nothing to do with getting a social security number. K1 holders are work authorized so they can get a job. USCIS is responsible for an individual's work status, and the Social Security Agency is responsible for issuing an individual with a number. They are separate areas covered by separate laws.

I think you're making a few leaps in the interpretation of the Code of Federal Requirements and the I-9 rules. It's illegal for an employer to disregard an application or refuse to hire an applicant based on the future expiration date of a document. The fact that you have a 90 day EAD does not mean that in 90 days you'll necessarily be ineligible to work, it just means that specific document expires. The status may still be valid. It just happens that in the case with K1 holders they do become ineligible unless they have obtained their [c][9] EAD before the [a][6] stamp expires.

A K1 visa is not documentary proof of work authorization. I'd like to see which law says it is, when I've shown you the law that says a K1 holder must apply for documentary proof of authorization. A K1 doesn't prove the work authorization, just the status.

But if you can show me some immigration law that backs up your claim, I'll happily read it. Until I see otherwise, I'll go with the law in Title 8 CFR §274a.(12).(a)

MY FRIEND I CANNOT GET A CALIFORNIA ID,AND SSN COZ MY I-94 EXPIRE THIS SEP,23 AND IT MUST BE 14 DAYS BEFORE EXPIRE..COZ WE GET MARRIED IN SEP.7 YOUR ADVICE IS IMPORTANT TNX

[jackielibera 0]

Yes, that is because the 90 day EAD is not intended as a viable work permit. It is included so that K1s can get an SSN, which some states require to obtain a marriage license. Without it K1s in certain jurisdictions would be in a situation where they were required to marry in 90 days but unable to obtain a marriage license until they married and adjusted staus.

The intent is obviously not for K1s to all find <90 day employment then have to quit. Yes, they must have documentary evidence. So if you go and get a job with a 90 day authorization the employer should correctly ask what documentation will you be able to show me in 90 days? Will you have work authorization documents beyond then? The above law makes it clear to employers that unless they are hiring for under 90 days their employee will be illegal at that time and they will have no documentation and you'll both be in violation of the law.

If you've found a great 89 day job in the US, more power to you. I'm not knockin' it. A K1 visa is documentary evidence that by law you are work authorized for 90 days because by law, you are work authorized. It can therefore be presented at SS office to obtain SSN.

I'm not a lawyer but I've seen these discussed extensively here and on candleforlove.com and the relevant laws seem to back this up. That is why POEs stopped routinely giving the stamp.

Having a stamped I-94 has nothing to do with getting a social security number. K1 holders are work authorized so they can get a job. USCIS is responsible for an individual's work status, and the Social Security Agency is responsible for issuing an individual with a number. They are separate areas covered by separate laws.

I think you're making a few leaps in the interpretation of the Code of Federal Requirements and the I-9 rules. It's illegal for an employer to disregard an application or refuse to hire an applicant based on the future expiration date of a document. The fact that you have a 90 day EAD does not mean that in 90 days you'll necessarily be ineligible to work, it just means that specific document expires. The status may still be valid. It just happens that in the case with K1 holders they do become ineligible unless they have obtained their [c][9] EAD before the [a][6] stamp expires.

A K1 visa is not documentary proof of work authorization. I'd like to see which law says it is, when I've shown you the law that says a K1 holder must apply for documentary proof of authorization. A K1 doesn't prove the work authorization, just the status.

But if you can show me some immigration law that backs up your claim, I'll happily read it. Until I see otherwise, I'll go with the law in Title 8 CFR §274a.(12).(a)

MY FRIEND I CANNOT GET A CALIFORNIA ID,AND SSN COZ MY I-94 EXPIRE THIS SEP,23 AND IT MUST BE 14 DAYS BEFORE EXPIRE..COZ WE GET MARRIED IN SEP.7 YOUR ADVICE IS IMPORTANT TNX

wHAT DID CAN'T GIVE YOU SSN?WHAT DID THEY SAY?? WHY YOU DID NOT GET SSN WHEN YOU ARRIVED???

[Not Available 0]

1) You can NOT work just cause you have received a K1 Visa... If you got the EAD stamp at JFK then you're just one of the lucky ones, but once your K1 expires, that stamp expires and you can no longer work. It has nothing to do with needing your SSN.

2)If you receive ANY type of money from ANY type of job without work authorization, its illegal! Do NOT do it! You can volunteer all you want but you can NOT receive money for it!

3) If you want your SSN while on a K1 visa, just go to your SS office with your ID's, (passport, Birth certificate and visa), and they will more than likely issue you one.

4) If you don't know what you're talking about, then dont talk at all.

[spookyturtle 9,465]

1) You can NOT work just cause you have received a K1 Visa... If you got the EAD stamp at JFK then you're just one of the lucky ones, but once your K1 expires, that stamp expires and you can no longer work. It has nothing to do with needing your SSN.

2)If you receive ANY type of money from ANY type of job without work authorization, its illegal! Do NOT do it! You can volunteer all you want but you can NOT receive money for it!

3) If you want your SSN while on a K1 visa, just go to your SS office with your ID's, (passport, Birth certificate and visa), and they will more than likely issue you one.

4) If you don't know what you're talking about, then dont talk at all.

1) You are correct except for one detail, if you got the work authorization stamp at POE, it expires when your I-94 expires, not when the K-1 visa expires. The I-94 is valid for 90 days, permission to work expires at the same time.

[Not Available 0]

1) You can NOT work just cause you have received a K1 Visa... If you got the EAD stamp at JFK then you're just one of the lucky ones, but once your K1 expires, that stamp expires and you can no longer work. It has nothing to do with needing your SSN.

2)If you receive ANY type of money from ANY type of job without work authorization, its illegal! Do NOT do it! You can volunteer all you want but you can NOT receive money for it!

3) If you want your SSN while on a K1 visa, just go to your SS office with your ID's, (passport, Birth certificate and visa), and they will more than likely issue you one.

4) If you don't know what you're talking about, then dont talk at all.

1) You are correct except for one detail, if you got the work authorization stamp at POE, it expires when your I-94 expires, not when the K-1 visa expires. The I-94 is valid for 90 days, permission to work expires at the same time.

Oops, that's what I meant

Thanks for pointing it out

[rebeccajo 14]

Holders of K1 visas are work authorized IF they have a document proving such. The visa itself is not proof.

The 'work authorized' stamp issued at some points of entry is such a document. An EAD card issued by USCIS is another.

A Social Security number does not authorize one to work. It authorizes the government to withhold Social Security from legally earned wages.

Google "I-9". Look for a PDF version of this document, which all US employers are required to have completed by anyone they hire. Read the instructions for completion of the I9 for clarification of which documents an alien must produce to prove they are work authorized.

[spookyturtle 9,465]

Google "I-9". Look for a PDF version of this document, which all US employers are required to have completed by anyone they hire. Read the instructions for completion of the I9 for clarification of which documents an alien must produce to prove they are work authorized.

It would be great if all employers followed the rules. Soem do not, and others don't bother to check to see if ss#'s are matching or not. There is an abundance of counterfit ss cards, EAD's and green cards out there. It's a shame since those of us who did it by the book have to wait and wait........