Can I work?

[Rocky_nBullwinkle 6]

Hello averyone I'm K1 and now waiting for my AOS but iIgot already my SSN..My question is can I work now using my SSN and bank account because Im still waiting for my EAD biometrics? Does it will cause a problem to the job that I am applying for? Does anyone have the same experience? Thank you so much...

Hi Apple pie! Two months after I arrived in the United States, I got a job while I was waiting for my EAD. In your SSN, there's a caption there that says "Allowed to work only with DHS authorization". My employer asked for my SSN and a driver's license. Since I didn't have a driver's license yet, I showed them my passport. What my employer did is they call the DHS hotline and verified all the information in my passport, visa and I-94. And that was it! I got my EAD after four months since I started working. I showed my EAD to my employer and they took a photo copy of it. I guess the rule is not absolute. It is open to interpretation. I guess it depends on the employer's discretion to say yes or no. -- Marie

[Usui Takumi 1,562]

I just want to clarify that the K1 is work authorized. You'll find its just impossible for your employer to finish the I-9 without an EAD. As my attorney pointed out, for those 90 days there is nothing illegal about you seeking work or getting a job. You won't be penalized, the responsibility is on the employer.

Nothing apart from Title 8 CFR §274a.12.a.1 which states:

"Any alien who is within a class of aliens described in paragraphs...[a][6]... 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."

So if you apply for a job and don't make an application to USCIS for an EAD you're in violation of a federal code. That's going to potentially count against you in a very big way, should anything be said about it.

Its not going to count against you. Its the employer's responsibility to verify and it has been noted in other fed. documents that the K1 is authorized. In fact recent ombudsman reports have requested that the system should be better tailored so there is no interruption of work from entry to temporary EAD.

This wouldn't be the case if it wasn't. As my attorney says, you can legally work but without EAD an employer is within their authority to deny you a position which most will.

[RaTBoX 1]

I just want to clarify that the K1 is work authorized. You'll find its just impossible for your employer to finish the I-9 without an EAD. As my attorney pointed out, for those 90 days there is nothing illegal about you seeking work or getting a job. You won't be penalized, the responsibility is on the employer.

Nothing apart from Title 8 CFR §274a.12.a.1 which states:

"Any alien who is within a class of aliens described in paragraphs...[a][6]... 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."

So if you apply for a job and don't make an application to USCIS for an EAD you're in violation of a federal code. That's going to potentially count against you in a very big way, should anything be said about it.

Its not going to count against you. Its the employer's responsibility to verify and it has been noted in other fed. documents that the K1 is authorized. In fact recent ombudsman reports have requested that the system should be better tailored so there is no interruption of work from entry to temporary EAD.

This wouldn't be the case if it wasn't. As my attorney says, you can legally work but without EAD an employer is within their authority to deny you a position which most will.

I'd ask your attorney what the legal basis for his information is then.

It's there in black and white. It's the employers responsibility to verify, but misrepresentation of status including employment eligibility is also a crime, and for K1 holders a violation of the code above. I reads the Ombudsman report, but that's nothing more than a recommendation. I'm just stating the law as it's written, and until someone shows me something concrete that goes against it, I'll keep telling people it.

[Usui Takumi 1,562]

It basically comes down to this, a K1 is work authorized...an EAD proves this. An employee isn't misrepresenting themselves by stating this.....if an employer doesn't ask for the EAD thats not the employee's issue. I just don't think you should be fear mongering. Given that federal agencies have conflicting policies regarding the K1 the visa holder isn't going to have an issue. I realize i've paid for legal advise and if its wrong its on my attorney which is a luxury many at this forum don't have. I also think this discussion is rather mute as an employer in the know won't hire without EAD...so its not an issue to begin with.