Question about Statement on the Departure Record

[jea 0]

After receiving my visa and envelope in Montreal yesterday, I decided to drive the relatively short distance to the border to submit all the stuff so that I can apply for the EAD. Everything went smoothly (except I didn't know there was a $6 fee!!!). Now that I'm making all the photocpies for my EAD application, I noticed that on the back of the departure record it states "K3" (with the A number) "Employment Authorized by CBP". I have a US SSN from working in the States 2004-2005....does this mean I am authorized by the CBP to work in the US without submitting the EAD? (This may be a silly question, but I was just curious).

Thanks!

J

[Yodrak 7]

J,

Very interesting, on several points.

- Which POE was this that you visited?

- What is the expiration date on that EA notation?

- As far as I know, K3s are not entitled to EA incident to status, they must apply using I-765, so the notation is an error.

Those questions aside, where are you now - still in the USA or back in Canada? That Departure Record should be surrendered when you leave the USA, so you shouldn't still have it and it won't do you any good when you come back to the USA to stay.

Yodrak

After receiving my visa and envelope in Montreal yesterday, I decided to drive the relatively short distance to the border to submit all the stuff so that I can apply for the EAD. Everything went smoothly (except I didn't know there was a $6 fee!!!). Now that I'm making all the photocpies for my EAD application, I noticed that on the back of the departure record it states "K3" (with the A number) "Employment Authorized by CBP". I have a US SSN from working in the States 2004-2005....does this mean I am authorized by the CBP to work in the US without submitting the EAD? (This may be a silly question, but I was just curious).

Thanks!

J

Edited June 7, 2006 by Yodrak

[jea 0]

J,

Very interesting, on several points.

- Which POE was this that you visited?

- What is the expiration date on that EA notation?

- As far as I know, K3s are not entitled to EA incident to status, they must apply using I-765, so the notation is an error.

Those questions aside, where are you now - still in the USA or back in Canada? That Departure Record should be surrendered when you leave the USA, so you shouldn't still have it and it won't do you any good when you come back to the USA to stay.

Yodrak

After receiving my visa and envelope in Montreal yesterday, I decided to drive the relatively short distance to the border to submit all the stuff so that I can apply for the EAD. Everything went smoothly (except I didn't know there was a $6 fee!!!). Now that I'm making all the photocpies for my EAD application, I noticed that on the back of the departure record it states "K3" (with the A number) "Employment Authorized by CBP". I have a US SSN from working in the States 2004-2005....does this mean I am authorized by the CBP to work in the US without submitting the EAD? (This may be a silly question, but I was just curious).

Thanks!

J

I went to the Ogdensberg POE across from Prescott. The Officer told me that the departure recpord would be taken if I fly, but not if I crossed the border by car. I am back in Canada now, and informed the Canadian guard when I was returning that I had crossed to submit my K3 paperwork. She did not request to see my passport or request to remove the departure record. The EA notation is on the back of the I94, and the date on the front is June 5, 2008. The guard didn't appear to be very familiar with the K3 visa in the first place. Makes me a little nervous that the border guards don't know exactly what's going on!!

[Yodrak 7]

J,

I find only one entry for the Ogdensburg POE on the POE Rolling List <http://www.k1poelist.com/k1poelist.cgi>, and that's from 2000. You can be #2 if you've a mind to!

Don't know what to say about your Departure Record not being collected when you crossed back into Canada, other than that I think it would be collected by a US CBP officer not a Canadian officer. Perhaps zyggy can add something if he comes across this thread.

I'm thinking that a mistake on the part of the CBP officer in giving you the EA notation does not mean that you have EA, it simply means that a mistake was made. A savvy employer might realize this, or they might not. Same for a SSA agent when you go to get your SS card if you don't already have one - would like to hear mdyoung's thoughts on that.

Anyway, now that you've got an I-94 go ahead and get your I-765 submitted. Interesting story, thanks for sharing.

Yodrak

J,

Very interesting, on several points.

- Which POE was this that you visited?

- What is the expiration date on that EA notation?

- As far as I know, K3s are not entitled to EA incident to status, they must apply using I-765, so the notation is an error.

Those questions aside, where are you now - still in the USA or back in Canada? That Departure Record should be surrendered when you leave the USA, so you shouldn't still have it and it won't do you any good when you come back to the USA to stay.

Yodrak

After receiving my visa and envelope in Montreal yesterday, I decided to drive the relatively short distance to the border to submit all the stuff so that I can apply for the EAD. Everything went smoothly (except I didn't know there was a $6 fee!!!). Now that I'm making all the photocpies for my EAD application, I noticed that on the back of the departure record it states "K3" (with the A number) "Employment Authorized by CBP". I have a US SSN from working in the States 2004-2005....does this mean I am authorized by the CBP to work in the US without submitting the EAD? (This may be a silly question, but I was just curious).

Thanks!

J

I went to the Ogdensberg POE across from Prescott. The Officer told me that the departure recpord would be taken if I fly, but not if I crossed the border by car. I am back in Canada now, and informed the Canadian guard when I was returning that I had crossed to submit my K3 paperwork. She did not request to see my passport or request to remove the departure record. The EA notation is on the back of the I94, and the date on the front is June 5, 2008. The guard didn't appear to be very familiar with the K3 visa in the first place. Makes me a little nervous that the border guards don't know exactly what's going on!!

Edited June 7, 2006 by Yodrak

[Yodrak 7]

J,

Whoops, I overlooked that you already have a SSN so getting one on the basis of your K3 I-94 is not an issue.

Too bad, it might have been interesting.

Yodrak

J,

....

I'm thinking that a mistake on the part of the CBP officer in giving you the EA notation does not mean that you have EA, it simply means that a mistake was made. A savvy employer might realize this, or they might not. Same for a SSA agent when you go to get your SS card if you don't already have one - would like to hear mdyoung's thoughts on that.

...

Yodrak

[zyggy 9]

J,

I find only one entry for the Ogdensburg POE on the POE Rolling List <http://www.k1poelist.com/k1poelist.cgi>, and that's from 2000. You can be #2 if you've a mind to!

Don't know what to say about your Departure Record not being collected when you crossed back into Canada, other than that I think it would be collected by a US CBP officer not a Canadian officer. Perhaps zyggy can add something if he comes across this thread.

I'm thinking that a mistake on the part of the CBP officer in giving you the EA notation does not mean that you have EA, it simply means that a mistake was made. A savvy employer might realize this, or they might not. Same for a SSA agent when you go to get your SS card if you don't already have one - would like to hear mdyoung's thoughts on that.

Anyway, now that you've got an I-94 go ahead and get your I-765 submitted. Interesting story, thanks for sharing.

Yodrak

J,

Very interesting, on several points.

- Which POE was this that you visited?

- What is the expiration date on that EA notation?

- As far as I know, K3s are not entitled to EA incident to status, they must apply using I-765, so the notation is an error.

Those questions aside, where are you now - still in the USA or back in Canada? That Departure Record should be surrendered when you leave the USA, so you shouldn't still have it and it won't do you any good when you come back to the USA to stay.

Yodrak

After receiving my visa and envelope in Montreal yesterday, I decided to drive the relatively short distance to the border to submit all the stuff so that I can apply for the EAD. Everything went smoothly (except I didn't know there was a $6 fee!!!). Now that I'm making all the photocpies for my EAD application, I noticed that on the back of the departure record it states "K3" (with the A number) "Employment Authorized by CBP". I have a US SSN from working in the States 2004-2005....does this mean I am authorized by the CBP to work in the US without submitting the EAD? (This may be a silly question, but I was just curious).

Thanks!

J

I went to the Ogdensberg POE across from Prescott. The Officer told me that the departure recpord would be taken if I fly, but not if I crossed the border by car. I am back in Canada now, and informed the Canadian guard when I was returning that I had crossed to submit my K3 paperwork. She did not request to see my passport or request to remove the departure record. The EA notation is on the back of the I94, and the date on the front is June 5, 2008. The guard didn't appear to be very familiar with the K3 visa in the first place. Makes me a little nervous that the border guards don't know exactly what's going on!!

The I-94 is not supposed to be collected if the visitor will be returning back to the US before the I-94 expires. In addition, a new I-94 does not need to be filled out when one returns from a short visit to Canada.

However, if one will be leaving the US via a land border and will not be returning before their I-94 expiration date, theoretically the I-94 is supposed to be collected by a Canadian Customs Officer when they process your passport for entry into Canada. The Canadian Customs would then would bring it back to the CBP post (or vice versa when the CBP goes to the Canadian post) when they have their regular scheduled meetings with each other. However, this system rarely works... If you want to make sure that your I-94 is properly filed when you leave, stop by the CBP POE when you leave and physically give it to them. Otherwise, send it to the London, KY address with evidence of your entry to Canada.

[Yodrak 7]

zyggy,

In this case the person will be returning to the USA before the I-94 expires.

You used the term "visitor" - visitor to where, the USA or Canada?

Yodrak

The I-94 is not supposed to be collected if the visitor will be returning back to the US before the I-94 expires. In addition, a new I-94 does not need to be filled out when one returns from a short visit to Canada.

However, if one will be leaving the US via a land border and will not be returning before their I-94 expiration date, theoretically the I-94 is supposed to be collected by a Canadian Customs Officer when they process your passport for entry into Canada. The Canadian Customs would then would bring it back to the CBP post (or vice versa when the CBP goes to the Canadian post) when they have their regular scheduled meetings with each other. However, this system rarely works... If you want to make sure that your I-94 is properly filed when you leave, stop by the CBP POE when you leave and physically give it to them. Otherwise, send it to the London, KY address with evidence of your entry to Canada.

[zyggy 9]

zyggy,

In this case the person will be returning to the USA before the I-94 expires.

You used the term "visitor" - visitor to where, the USA or Canada?

Yodrak

The I-94 is not supposed to be collected if the visitor will be returning back to the US before the I-94 expires. In addition, a new I-94 does not need to be filled out when one returns from a short visit to Canada.

However, if one will be leaving the US via a land border and will not be returning before their I-94 expiration date, theoretically the I-94 is supposed to be collected by a Canadian Customs Officer when they process your passport for entry into Canada. The Canadian Customs would then would bring it back to the CBP post (or vice versa when the CBP goes to the Canadian post) when they have their regular scheduled meetings with each other. However, this system rarely works... If you want to make sure that your I-94 is properly filed when you leave, stop by the CBP POE when you leave and physically give it to them. Otherwise, send it to the London, KY address with evidence of your entry to Canada.

Truen enough... the word visitor should be interpreted as "the individual with an I-94". Always keeping me on my toes

[jea 0]

Just thought I would give an update on this situation....

I went into the SSA last week to ask about my SSN and the confusing I-94 I received. I informed the woman that I had come in on a K3 visa and showed her the "Work authorized by CBP" on my record of entry, and my SS card. She said if I had those two things "I was good to go" and can work. Interesting....

[meauxna 15]

If the EAD was given in error, that will not 'protect' you if you are actually inelligible for that status. As a K-3, you are not employment authorized without filing I-765, no matter what error/notation the border agent made.

SSA does not issue work authorization.