working without EAD?

[Rocky_nBullwinkle 6]

Thanks for the great replies.

Ok her is some more info. Her Social Security card does says exactly: "Valid for work only with DHS Authorization". Not sure what DHS stands for? Also her I-94 is not stamped with "Employment Athorized".

-Question. I am confused if she applies for the EAD document and gets the receit can she work? or only when she receives the actual document?

- Also what does JFK have to do with anything?

DHS Authorization comes in many forms:

1. EAD stamp from the POE or your loca; USCIS office, authorizing you to work.

2. EAD card, issued from the DHS.

3. Permanent Resident card, issued from the DHS.

4. The class of visa itself. The employer can contact the DHS directly to verify you are authorized to work. For further information, refer the the following publication, paying attention to Section C.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

The listed link is for the POMS, the manual used by SSA employees to administer Social Security and Supplemental Security Income.

Section C of the link merely tells the employees of the Social Security Administration who is eligible to be given a number.

When they give K1 entrants a number, they stamp big black letters on the card which say the number is only valid with DHS authorization.

The visa in the passport itself is not a document stating a K1 is work authorized. Only an official work authorization document gives permission for the alien to work.

I know it sounds like a cat chasing it's tail, but those are the rules.

It took me a while, but here is another supporting document, this time from the USCIS.

http://www.uscis.gov/files/article/EIB01.pdf

But, like I said, if an employer is not certain, he can always call the DHS. By the way, check of the bottom of Column "A" on the I-9.

[rebeccajo 14]

Read the chart in the link you posted, sonomacountygal.

It says K1 is eligible for EAD incident to status.

EAD stands for Employment Authorization Document. Not 'employment'.

[Rocky_nBullwinkle 6]

Read the chart in the link you posted, sonomacountygal.

It says K1 is eligible for EAD incident to status.

EAD stands for Employment Authorization Document. Not 'employment'.

Read the definition. Employee is eligible for employent incindent to status. He must file for the EAD as EVIDENCE OF STATUS. That does not change his status. Like I said, the employer can always call the DHS to verify eligibility!

[rebeccajo 14]

Read the chart in the link you posted, sonomacountygal.

It says K1 is eligible for EAD incident to status.

EAD stands for Employment Authorization Document. Not 'employment'.

Read the definition. Employee is eligible for employent incindent to status. He must file for the EAD as EVIDENCE OF STATUS. That does not change his status. Like I said, the employer can always call the DHS to verify eligibility!

EAD doesn't prove status. The status is K1. An EAD is a document saying an alien has permission to work.

It is not up to an employer to call to verify status.

The I9 tells the employer that the employee must produce documents to prove eligibility and identity.

Edited January 3, 2009 by rebeccajo

[Rocky_nBullwinkle 6]

Read the chart in the link you posted, sonomacountygal.

It says K1 is eligible for EAD incident to status.

EAD stands for Employment Authorization Document. Not 'employment'.

Read the definition. Employee is eligible for employent incindent to status. He must file for the EAD as EVIDENCE OF STATUS. That does not change his status. Like I said, the employer can always call the DHS to verify eligibility!

EAD doesn't prove status. The status is K1. An EAD is a document saying an alien has permission to work.

It is not up to an employer to call to verify status.

The I9 tells the employer that the employee must produce documents to prove eligibility and identity.

Incorrect. Whether or not an alien has an EAD does not solely determine whether he/she is eligible to work. Note that some admission status's do require prior EAD authorization to work in the pdf from the USCIS, as opposed to eligibility incident to admission status.

You are betting against a pat hand. We have the experience of the wife and I to prove it. She started working for one of the largest employers in the US before she got her EAD. When it was time to fill out the I-9, they took her SSN with "Not Eliglible to Work Without DHS Authorization" on it, and her Passport with all documents attatched, and called the DHS. They came back saying, "No problem." When we filed for her EAD and AOS, we listed her employer on the forms, and reported her income to the officer at the interview.

So, unless you can show me someone who was denied Adjustment of Status, or other repercussion of working prior to obtaining a EAD, I win!

By the way, some CO's are now asking K-1 applicants for a statement that they will seek employment as soon they arrive in the US. A sign of hard times I guess.

[I'm Gone 60]

By the way, some CO's are now asking K-1 applicants for a statement that they will seek employment as soon they arrive in the US. A sign of hard times I guess.

What purposes would that serve, since a K-1 is not an employment type visa like H-1B. It's to come to the U.S. to get married within 90 days of arriving period. Seems to me that saying you are coming to the U.S. to work would be more of a negative than a positive for a K-1 visa approval.

Edited January 3, 2009 by I Quit

[Rocky_nBullwinkle 6]

By the way, some CO's are now asking K-1 applicants for a statement that they will seek employment as soon they arrive in the US. A sign of hard times I guess.

What purposes would that serve, since a K-1 is not an employment type visa like H-1B. It's to come to the U.S. to get married within 90 days of arriving period. Seems to me that saying you are coming to the U.S. to work would be more of a negative than a positive for a K-1 visa approval.

I was surprised too. I think that it has to do with the 125% of poverty guidelines thing, later when you file for AOS. One case does not prove a trend, but here is an antedote right here on VJ:

http://www.visajourney.com/forums/index.php?showtopic=168313

Edited January 3, 2009 by sonomacountygal

[rebeccajo 14]

Read the chart in the link you posted, sonomacountygal.

It says K1 is eligible for EAD incident to status.

EAD stands for Employment Authorization Document. Not 'employment'.

Read the definition. Employee is eligible for employent incindent to status. He must file for the EAD as EVIDENCE OF STATUS. That does not change his status. Like I said, the employer can always call the DHS to verify eligibility!

EAD doesn't prove status. The status is K1. An EAD is a document saying an alien has permission to work.

It is not up to an employer to call to verify status.

The I9 tells the employer that the employee must produce documents to prove eligibility and identity.

Incorrect. Whether or not an alien has an EAD does not solely determine whether he/she is eligible to work. Note that some admission status's do require prior EAD authorization to work in the pdf from the USCIS, as opposed to eligibility incident to admission status.

You are betting against a pat hand. We have the experience of the wife and I to prove it. She started working for one of the largest employers in the US before she got her EAD. When it was time to fill out the I-9, they took her SSN with "Not Eliglible to Work Without DHS Authorization" on it, and her Passport with all documents attatched, and called the DHS. They came back saying, "No problem." When we filed for her EAD and AOS, we listed her employer on the forms, and reported her income to the officer at the interview.

So, unless you can show me someone who was denied Adjustment of Status, or other repercussion of working prior to obtaining a EAD, I win!

By the way, some CO's are now asking K-1 applicants for a statement that they will seek employment as soon they arrive in the US. A sign of hard times I guess.

Your wife's unauthorized employment was forgiven because she had applied for adjustment.

Had her adjustment not yet been filed and her employer been 'raided' by ICE, the result may have not been the same.

PS - this isn't about 'winning'. It's about advising other readers of the proper methods to allow for a peaceful adjustment to life in the US.

[LorriQ 0]

rebeccajo is correct.

after seeing your (sonomacountygal) post - I started digging through every web site* and the federal register regarding the k type visa laws - you must have the Employment Authorization Document to be legally working. Once you file AOS and have the NOA from it, you can get a temp work permit with that receipt only. You cannot even get an extension on the temp stamp at POE until you file AOS.

you were lucky - others may not be so. best to follow the rules and pay the fees!

*searched NVC, USCIS, IRS and Homeland Security sites.

[Rocky_nBullwinkle 6]

I really need to finish getting my physical inventory entered into the other computer, so I will leave this discussion, and let the facts speak for themselves. The readers of this thread will have to decide for themselves whether to wait for the EAD to arrive, and start working then, or take a calculated risk, and start working right away.

Before I leave, research the terms of art: eligiblity, authorization, and evidence. The terms can be mutually exclusive! If you read you read the employer bulletins from the USCIS, see which word they use, especially when referring to 1-9 requirements. For some reason, the DHS has not been exactly clear, pushing enrollment in e-Verify. If you contact the Office of Business Liason, they will "educate you", but not answer the specific question you ask. Congress added an Anti-Discrimination section to Public Law 108 that makes it virtually impossible for the employer to get a straight answer.

[rebeccajo 14]

I really need to finish getting my physical inventory entered into the other computer, so I will leave this discussion, and let the facts speak for themselves. The readers of this thread will have to decide for themselves whether to wait for the EAD to arrive, and start working then, or take a calculated risk, and start working right away.

Before I leave, research the terms of art: eligiblity, authorization, and evidence. The terms can be mutually exclusive! If you read you read the employer bulletins from the USCIS, see which word they use, especially when referring to 1-9 requirements. For some reason, the DHS has not been exactly clear, pushing enrollment in e-Verify. If you contact the Office of Business Liason, they will "educate you", but not answer the specific question you ask. Congress added an Anti-Discrimination section to Public Law 108 that makes it virtually impossible for the employer to get a straight answer.

I've bolded the two most important words in your post.

[jundp 191]

Its clearly stated on your ssn card... Not authorised to work or whatever.

So i smell trouble, maybe it ll be best you dont mention it when you file for AOS, cos thats a law broken and you know how they loveee to act up, so deportation might be an option.

These are my opinion not facts!

I don't understand this. You know how they love to act up? You mean, how the US government doesn't like it when people break laws?

FWIW, my husband also works for a company that is large and has great experience with immigrants of all types (here on work visas, K1 and K3, etc) and we also did a great amount of research on this. A K1 is work eligible WITH THE PROPER DOCUMENTATION FROM USCIS (i.e. an EAD). It is not a work-authorized visa. SOme people may have gotten away with working on a K1 without documentation, but it is not work-authorized in and of itself.

Also, if the "largest employer in the US" happens to be a certain company whose labor practices we are all aware of, then I wouldn't want to use them as an example...

Just my .02

[rebeccajo 14]

Immigration and Nationality Act (INa) Sec. 274a.12 Classes of aliens authorized to accept employment.

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. 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. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States. (Introductory text revised effective 10/17/07; 72 FR 53014 ) (Introductory text revised 7/30/04; 69 FR 45555 ) (Introductory text amended effective 3/4/02; 67 FR 4784 ) (Introductory text amended 9/7/01; 66 FR 46697 ) (Introductory text revised 8/14/01; 66 FR 42587 ) (Introductory text amended 6/1/01; 66 FR 29961)

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service; (Revised 8/14/01; 66 FR 42587 )

http://www.uscis.gov/propub/ProPubVAP.jsp?...8e70cab6366e0da

Edited January 4, 2009 by rebeccajo

[LorriQ 0]

also to note:

http://www.uscis.gov/files/nativedocuments/m-274.pdf

Employers Handbook for filing out the I-9

The most significant change to the Form I-9 is a reduction in the acceptable List A documents identified on the form. Five documents are no longer listed as documents acceptable for establishing both identity and employment eligibility under List A: (1) the Certificate of United States Citizenship (Form N-560 or N-561); (2) the Certificate of Naturalization (Form N-550 or N-570); (3) the Form I-151, a long out-of-date version of the Alien Registration Receipt Card (“green card”); (4) the Unexpired Reentry Permit (Form I-327); and (5) the Unexpired Refugee Travel Document (Form 1-571).

The amended Form I-9 retains four types of acceptable List A documents: (1) the U.S. Passport (unexpired or expired); (2) an unexpired Permanent Resident Card or Alien Registration Receipt Card (Form I-551); (3) an unexpired foreign passport with a temporary I-551 stamp; and (4) an unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, I-688B). In addition, the

amended Form I-9 modifies one acceptable List A document, replacing the “unexpired foreign passport with an attached Form I-94 indicating unexpired employment authorization” with “an unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, if that status authorizes the alien to work for the employer.”

[Rocky_nBullwinkle 6]

also to note:

http://www.uscis.gov/files/nativedocuments/m-274.pdf

Employers Handbook for filing out the I-9

The most significant change to the Form I-9 is a reduction in the acceptable List A documents identified on the form. Five documents are no longer listed as documents acceptable for establishing both identity and employment eligibility under List A: (1) the Certificate of United States Citizenship (Form N-560 or N-561); (2) the Certificate of Naturalization (Form N-550 or N-570); (3) the Form I-151, a long out-of-date version of the Alien Registration Receipt Card ("green card"); (4) the Unexpired Reentry Permit (Form I-327); and (5) the Unexpired Refugee Travel Document (Form 1-571).

The amended Form I-9 retains four types of acceptable List A documents: (1) the U.S. Passport (unexpired or expired); (2) an unexpired Permanent Resident Card or Alien Registration Receipt Card (Form I-551); (3) an unexpired foreign passport with a temporary I-551 stamp; and (4) an unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, I-688B). In addition, the

amended Form I-9 modifies one acceptable List A document, replacing the "unexpired foreign passport with an attached Form I-94 indicating unexpired employment authorization" with "an unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer."

Before the ink is dry on that, a new handbook is being considered. Check out:

http://www.uscis.gov/files/article/I9_qa_12dec08.pdf

and, the whole issue is still in limbo, as you can see here:

http://www.nilc.org/immsemplymnt/ircaempverif/index.htm#I-9

(I am waiting for them to finish updating the site)

have fun! I am going to spend the rest of the evening with the wife.