EAD STAMP FOR K1 WHO WANT TO WORK BEFORE AOS

[Oana31 0]

USCIS have changed the requied documentation for Form I-9 from 02/02/09

I have quoted the sections that apply to K1 visa holders who want to work before they file for AOS. This is VERY important for people who plan to enter through JFK and hope to get the temp EAD stamp.

4. Employment Authorizathion Document that contains a photograph (form I-766)

5. In the case of nonimmigrant alien authorized to work for a specific employer, incident to status, A foreign Passport with form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, as lomg as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restriction or limitation identified on the form.

The wording is a major change and means that if you have the temp EAD stamp on your I-94 unless your visa is for working with a specific employer it can no longer be used as a document from List A on the I-9.

You can read the full list of documents that can be used to show work authorization at the bottom of the I-9.

http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

So according to what says at 5. "In the case of NONIMMIgRANT alien" ...are K1's NONIMMIGRANTS or IMMIGRANTS? Because, if we are IMMIGRANT aliens, then I don't see how this applies to us.

[Oana31 0]

Isn't number 3 "Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa" for us ??

[Kez/JWolf 6]

Isn't number 3 "Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa" for us ??

A K1 visa is a non immigrant visa, and a I-551 stamp is a temp Greencard issued to LPR

[Oana31 0]

Ok, thank you... I din't know that.

[payxibka 10,045]

My Fiancé is from New York States and I always fly in at JFK, so I was going to come in at JFK whenever K1 is approved but by reading this would it make sense to come in somewhere else???

no, it just eliminates the reason to go to JFK for any other reason than convenience.

[leapoffaith 0]

Well, I Landed at JFK on 21st and there was no EAD stamp for me. Maybe, I had already spend more than four months back home and less than two months were left for my K1 visa tenure to expire.

[ready4ONE 5,400]

I don't believe this nixes the Work Authorization issued at JFK. K-1 Visa entrants are not entering to work for any specific employer, but instead to get married to the sponsoring petitioner.

With the stamp issued at JFK, and a SSN you should be fine to work during the brief period of the Work Authorization as my wife did. We got married and applied for the SSN all in the first 2 weeks of her getting here to the USA.

Her employers [she had two part time jobs] did not even ask her to stop working when the Work Authorization expired since the employer was kept well informed that we had applied to adjust status [AOS,] and for the work authorization [EAD] card as well.

[ready4ONE 5,400]

I don't believe this nixes the Work Authorization issued at JFK. K-1 Visa entrants are not entering to work for any specific employer, but instead to get married to the sponsoring petitioner.

With the stamp issued at JFK, and a SSN you should be fine to work during the brief period of the Work Authorization as my wife did. We got married and applied for the SSN all in the first 2 weeks of her getting here to the USA.

Her employers [she had two part time jobs] did not even ask her to stop working when the Work Authorization expired since the employer was kept well informed that we had applied to adjust status [AOS,] and for the work authorization [EAD] card as well.

Forgot to add, we also applied for and got a Washington State ID card quickly as well. Thus she had picture ID to go along with all of her other documentation such as the Work Authorization stamp.

[payxibka 10,045]

I don't believe this nixes the Work Authorization issued at JFK. K-1 Visa entrants are not entering to work for any specific employer, but instead to get married to the sponsoring petitioner.

but, because they are not entering for the benefit of a specific employer, it has rendered the K-1 visaholder's ability to satisfy the new requirements contained in the revised I-9 impossible to fulfill. From an employer's perspective, it is suppose to be, no I-9, no work.

Don't forget that your experience is two years old and the new I-9 is a recent revision (2009).

Edited January 22, 2009 by payxibka

[DI&JR 1]

I don't believe this nixes the Work Authorization issued at JFK. K-1 Visa entrants are not entering to work for any specific employer, but instead to get married to the sponsoring petitioner.

but, because they are not entering for the benefit of a specific employer, it has rendered the K-1 visaholder's ability to satisfy the new requirements contained in the revised I-9 impossible to fulfill. From an employer's perspective, it is suppose to be, no I-9, no work.

Don't forget that your experience is two years old and the new I-9 is a recent revision (2009).

I think #5 is going to refer to work-authorized visas only, I think it doesn't apply to K-1s, since they are not being admitted to work for a specific employer.

I am scheduled for a conference with our international department early next month, and will ask if this applies to our J and H visa researchers, those are what I deal with most of the time.

[dagnytaggart 0]

Ok now I am very confused. If my fiancée is entering JFK on a K-1 visa can he get the temporary EAD stamp?

[payxibka 10,045]

I don't believe this nixes the Work Authorization issued at JFK. K-1 Visa entrants are not entering to work for any specific employer, but instead to get married to the sponsoring petitioner.

but, because they are not entering for the benefit of a specific employer, it has rendered the K-1 visaholder's ability to satisfy the new requirements contained in the revised I-9 impossible to fulfill. From an employer's perspective, it is suppose to be, no I-9, no work.

Don't forget that your experience is two years old and the new I-9 is a recent revision (2009).

I think #5 is going to refer to work-authorized visas only, I think it doesn't apply to K-1s, since they are not being admitted to work for a specific employer.

I am scheduled for a conference with our international department early next month, and will ask if this applies to our J and H visa researchers, those are what I deal with most of the time.

What will you use as acceptable documentation to fulfill the I-9 requirement? Based on the revised I-9, the K-1 visa holder will not possess all of the needed documents in either Category A or Category B/C

Ok now I am very confused. If my fiancée is entering JFK on a K-1 visa can he get the temporary EAD stamp?

The question is not "CAN" he but is it even valid anymore?

Edited January 22, 2009 by payxibka

[Cuchita 1]

All this is totally confusing

I don't see the relationship to the temporary stamp JFK gives you to work for 3 mos.

[DI&JR 1]

I think #5 is going to refer to work-authorized visas only, I think it doesn't apply to K-1s, since they are not being admitted to work for a specific employer.

I am scheduled for a conference with our international department early next month, and will ask if this applies to our J and H visa researchers, those are what I deal with most of the time.

What will you use as acceptable documentation to fulfill the I-9 requirement? Based on the revised I-9, the K-1 visa holder will not possess all of the needed documents in either Category A or Category B/C

If the K-1 visa holder goes through JFK, and if they get a stamp, which we all know is not guaranteed (like Leapoffaith's experience), List A, #3 states "Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa".

I don't see where this has changed at all (my bolded part). If the visa holder didn't get a stamp, then they would have to use a different document, which means go through the process of getting an EAD, etc as they decide.

I think people are getting caught up in #5, and I don't think that applies to K-1 visa holders.

Ok now I am very confused. If my fiancée is entering JFK on a K-1 visa can he get the temporary EAD stamp?

The question is not "CAN" he but is it even valid anymore?

Guess it's up to JFK POE, like it has been. Maybe they will take the rubber stamps away, finally?

(sorry for the messy quoting, I hope I have attributed properly! )

[payxibka 10,045]

If the K-1 visa holder goes through JFK, and if they get a stamp, which we all know is not guaranteed (like Leapoffaith's experience), List A, #3 states "Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa".

I don't see where this has changed at all (my bolded part). If the visa holder didn't get a stamp, then they would have to use a different document, which means go through the process of getting an EAD, etc as they decide.

sorry to burst your bubble but the I-551 stamp is given only to immigrant visa holders and NOT to "K" visa holders.... The I-551 is temporary GREENCARD stamp and it is not the temporary EAD stamp being referred to.

Edited January 22, 2009 by payxibka