Working after expiration of temp. EAD

[Gary and Alla 3,694]

Well, this about beats all. We received approval of our AOS on Thursday and TODAY comes the official advance parole and EAD forms. Oh, well.

Incidentally, Alla received the "employment authorized" stamp at her point of entry (JFK) and has had a job since late October, just a small part time job to give her exposure to English and practice speaking. When her I-94 expired in December she continued working as we had filed for the AOS by then. At her interview the officer asked her if she had a job and she proudly told him "yes". There was absolutely no question or problem with this. As I read the law, she has 90 days AFTER the expiration of her I-94 to "produce employment authorization documents". So this amounts to a 180 temparary authorization to work prior to receiving the EAD or green card. In case someone didn't already know this, the USCIS has no problem with it, at least at our interview.

[DI&JR 1]

Page 10 of the M-274, Handbook for Employers, states:

"Reverifying Employment Authorization for Current Employees

When an employee’s work authorization expires, you must reverify his or her employment eligibility. You may use Section 3 of the Form I-9, or, if Section 3 has already been used for a previous reverification or update, use a new Form I-9. If you use a new form, you should write the employee’s name in Section 1, complete Section 3, and retain the new form with the original. The employee must present a document that shows either an extension of the employee’s initial employment authorization or new work authorization. If the employee cannot provide you with proof of current work authorization (e.g. any document from List A or List C, including an unrestricted Social Security card), you cannot continue to employ that person."

And

"To maintain continuous employment eligibility, an employee with temporary work authorization should apply for new work authorization at least 90 days before the current expiration date. If USCIS fails to adjudicate the application for employment authorization within 90 days, then the employee will be authorized for employment on Form I-

766 for a period not to exceed 240 days."

Where do you find that en employee has "90 days AFTER the expiration of her I-94 to produce employment authorization documents"? I'm not doubting you, but would like to see that it applies to reverification and not original verification of employment eligibility.

[YuAndDan 153]

Moving this to working/traveling before green-card forum.

[Brad and Vika 129]

Well, this about beats all. We received approval of our AOS on Thursday and TODAY comes the official advance parole and EAD forms. Oh, well.

Incidentally, Alla received the "employment authorized" stamp at her point of entry (JFK) and has had a job since late October, just a small part time job to give her exposure to English and practice speaking. When her I-94 expired in December she continued working as we had filed for the AOS by then. At her interview the officer asked her if she had a job and she proudly told him "yes". There was absolutely no question or problem with this. As I read the law, she has 90 days AFTER the expiration of her I-94 to "produce employment authorization documents". So this amounts to a 180 temparary authorization to work prior to receiving the EAD or green card. In case someone didn't already know this, the USCIS has no problem with it, at least at our interview.

My understanding is that JFK is the only POA you can get the stamp. Is that correct?

[Gary and Alla 3,694]

Well, this about beats all. We received approval of our AOS on Thursday and TODAY comes the official advance parole and EAD forms. Oh, well.

Incidentally, Alla received the "employment authorized" stamp at her point of entry (JFK) and has had a job since late October, just a small part time job to give her exposure to English and practice speaking. When her I-94 expired in December she continued working as we had filed for the AOS by then. At her interview the officer asked her if she had a job and she proudly told him "yes". There was absolutely no question or problem with this. As I read the law, she has 90 days AFTER the expiration of her I-94 to "produce employment authorization documents". So this amounts to a 180 temparary authorization to work prior to receiving the EAD or green card. In case someone didn't already know this, the USCIS has no problem with it, at least at our interview.

My understanding is that JFK is the only POA you can get the stamp. Is that correct?

Not sure Brad.

My understanding is they are the only ones that give it without being asked. Alla never asked for this stamp (she wouldn't have even known to ask or what to ask) but was given it as a matter of course at JFK. It is not a bad thing to have and if a person can enter through JFK...why not?

[Brad and Vika 129]

Well, this about beats all. We received approval of our AOS on Thursday and TODAY comes the official advance parole and EAD forms. Oh, well.

Incidentally, Alla received the "employment authorized" stamp at her point of entry (JFK) and has had a job since late October, just a small part time job to give her exposure to English and practice speaking. When her I-94 expired in December she continued working as we had filed for the AOS by then. At her interview the officer asked her if she had a job and she proudly told him "yes". There was absolutely no question or problem with this. As I read the law, she has 90 days AFTER the expiration of her I-94 to "produce employment authorization documents". So this amounts to a 180 temparary authorization to work prior to receiving the EAD or green card. In case someone didn't already know this, the USCIS has no problem with it, at least at our interview.

My understanding is that JFK is the only POA you can get the stamp. Is that correct?

Not sure Brad.

My understanding is they are the only ones that give it without being asked. Alla never asked for this stamp (she wouldn't have even known to ask or what to ask) but was given it as a matter of course at JFK. It is not a bad thing to have and if a person can enter through JFK...why not?

Good information Gary, I will talk to Viktoria about it today. We will be sure to ask for the stamp.

[DI&JR 1]

Page 10 of the M-274, Handbook for Employers, states:

"Reverifying Employment Authorization for Current Employees

When an employee’s work authorization expires, you must reverify his or her employment eligibility. You may use Section 3 of the Form I-9, or, if Section 3 has already been used for a previous reverification or update, use a new Form I-9. If you use a new form, you should write the employee’s name in Section 1, complete Section 3, and retain the new form with the original. The employee must present a document that shows either an extension of the employee’s initial employment authorization or new work authorization. If the employee cannot provide you with proof of current work authorization (e.g. any document from List A or List C, including an unrestricted Social Security card), you cannot continue to employ that person."

And

"To maintain continuous employment eligibility, an employee with temporary work authorization should apply for new work authorization at least 90 days before the current expiration date. If USCIS fails to adjudicate the application for employment authorization within 90 days, then the employee will be authorized for employment on Form I-

766 for a period not to exceed 240 days."

Where do you find that en employee has "90 days AFTER the expiration of her I-94 to produce employment authorization documents"? I'm not doubting you, but would like to see that it applies to reverification and not original verification of employment eligibility.

Hello? Please respond?

[Brad and Vika 129]

Page 10 of the M-274, Handbook for Employers, states:

"Reverifying Employment Authorization for Current Employees

When an employee’s work authorization expires, you must reverify his or her employment eligibility. You may use Section 3 of the Form I-9, or, if Section 3 has already been used for a previous reverification or update, use a new Form I-9. If you use a new form, you should write the employee’s name in Section 1, complete Section 3, and retain the new form with the original. The employee must present a document that shows either an extension of the employee’s initial employment authorization or new work authorization. If the employee cannot provide you with proof of current work authorization (e.g. any document from List A or List C, including an unrestricted Social Security card), you cannot continue to employ that person."

And

"To maintain continuous employment eligibility, an employee with temporary work authorization should apply for new work authorization at least 90 days before the current expiration date. If USCIS fails to adjudicate the application for employment authorization within 90 days, then the employee will be authorized for employment on Form I-

766 for a period not to exceed 240 days."

Where do you find that en employee has "90 days AFTER the expiration of her I-94 to produce employment authorization documents"? I'm not doubting you, but would like to see that it applies to reverification and not original verification of employment eligibility.

Hello? Please respond?

I don't think that was directed to me, but I don't understand the question either.

[payxibka 10,045]

Well, this about beats all. We received approval of our AOS on Thursday and TODAY comes the official advance parole and EAD forms. Oh, well.

Incidentally, Alla received the "employment authorized" stamp at her point of entry (JFK) and has had a job since late October, just a small part time job to give her exposure to English and practice speaking. When her I-94 expired in December she continued working as we had filed for the AOS by then. At her interview the officer asked her if she had a job and she proudly told him "yes". There was absolutely no question or problem with this. As I read the law, she has 90 days AFTER the expiration of her I-94 to "produce employment authorization documents". So this amounts to a 180 temparary authorization to work prior to receiving the EAD or green card. In case someone didn't already know this, the USCIS has no problem with it, at least at our interview.

there is a difference between work authorization and being asked by an employer to provide documentation..

Once your 90 day work authorization your work authorization CEASES.... it does NOT amount to 180 days of authorization... if you work the entire time it is amounts to 90 days authorized and 90 days illegally working....

It is a well known fact however, that illegal work is generally forgiven as a "courtesy" to the USC spouse upon status adjustment

[DI&JR 1]

Well, this about beats all. We received approval of our AOS on Thursday and TODAY comes the official advance parole and EAD forms. Oh, well.

Incidentally, Alla received the "employment authorized" stamp at her point of entry (JFK) and has had a job since late October, just a small part time job to give her exposure to English and practice speaking. When her I-94 expired in December she continued working as we had filed for the AOS by then. At her interview the officer asked her if she had a job and she proudly told him "yes". There was absolutely no question or problem with this. As I read the law, she has 90 days AFTER the expiration of her I-94 to "produce employment authorization documents". So this amounts to a 180 temparary authorization to work prior to receiving the EAD or green card. In case someone didn't already know this, the USCIS has no problem with it, at least at our interview.

there is a difference between work authorization and being asked by an employer to provide documentation..

Once your 90 day work authorization your work authorization CEASES.... it does NOT amount to 180 days of authorization... if you work the entire time it is amounts to 90 days authorized and 90 days illegally working....

It is a well known fact however, that illegal work is generally forgiven as a "courtesy" to the USC spouse upon status adjustment

My feeling as well. I really don't like to see things like this posted in forums, as it is so easily open for misinterpretation.

Brad & Vika, no, the question was not directed at you.

Payxibka, you are always a font of wisdom, thank you for all you do!

[Brad and Vika 129]

Well, this about beats all. We received approval of our AOS on Thursday and TODAY comes the official advance parole and EAD forms. Oh, well.

Incidentally, Alla received the "employment authorized" stamp at her point of entry (JFK) and has had a job since late October, just a small part time job to give her exposure to English and practice speaking. When her I-94 expired in December she continued working as we had filed for the AOS by then. At her interview the officer asked her if she had a job and she proudly told him "yes". There was absolutely no question or problem with this. As I read the law, she has 90 days AFTER the expiration of her I-94 to "produce employment authorization documents". So this amounts to a 180 temparary authorization to work prior to receiving the EAD or green card. In case someone didn't already know this, the USCIS has no problem with it, at least at our interview.

there is a difference between work authorization and being asked by an employer to provide documentation..

Once your 90 day work authorization your work authorization CEASES.... it does NOT amount to 180 days of authorization... if you work the entire time it is amounts to 90 days authorized and 90 days illegally working....

It is a well known fact however, that illegal work is generally forgiven as a "courtesy" to the USC spouse upon status adjustment

My feeling as well. I really don't like to see things like this posted in forums, as it is so easily open for misinterpretation.

Brad & Vika, no, the question was not directed at you.

Payxibka, you are always a font of wisdom, thank you for all you do!

Thanks for the info. and clarification. I really wasn't worried about the expiration of work authorization until I read that (to your point).