EAD STAMP FOR K1 WHO WANT TO WORK BEFORE AOS

[Kez/JWolf 6]

#5 used to be the one that K1 visa holders could use as the wording was "The Employer" now it has been changed to "A specific Employer" so that means your visa has to be one that names your employer not a K1.

#3 Does not apply to K1's as a K1 is a non immigrant visa and K1 holders do not get a I-551 stamp on entry. The only people who get a I-551 are people arriving on a immigrant visa ie: CR1/IR1, IR5. and LPR already in the USA but for whatever reason they need a temp I-551 stamp in their passport while they wait for the Greencard to arrive in the mail.

There is no catagory that K1 visa holders with or without the temp EAD stamp will be able to use to satisfy the requirments of the I-9.

[ready4ONE 5,400]

True our experience is two years old, your mileage may vary but...

A. Forms I-94 Marked With a Temporary I-551 Stamp

Current regulations at 8 CFR 274a.2(B)(1)(vi)(B) provide that if an individual presents to his or her employer the arrival portion of Form I-94 that the Service has marked with a temporary I-551 stamp and has affixed the alien's picture in lieu of a Permanent Resident Card, Form I-551, the individual must present the actual Form I-551 within 180 days from the date of hire or, in the case of reverification, the date employment authorization expires even if the temporary I-551 stamp on the Form I-94 contains a later expiration date. At the time of the September 30, 1997, interim rule, when this provision was added to the regulations, the Service determined that the 180-day validity period would be a sufficient amount of time for an individual to obtain the actual Form I-551. Since the September 30, 1997, interim rule, the Service has determined that in some cases, it may take longer than 180 days to obtain the actual Form I-551. In addition, the Service determined that employers may be confused when the expira tion date written on the Form I-94 itself and the regulatory validity period of the receipt are not the same. It is likely that employers will rely upon the expiration date of the stamp on Form I-94, rather than count 180 days from the date the employee presents the receipt, since the date of the stamp is more obvious. To eliminate this confusion, this interim rule amends the regulations to provide that the receipt validity period for the Form I-94 marked with a temporary I-552 stamp and affixed with a pic ture is to be the same as the expiration date of the temporary I-551 stamp written on Form I-94. The Service issues some Forms I-94 marked with temporary I-552 stamps with a validity period that is less than 1 year. Some are issued with a validity period that is more than 1 year. However, most are issued with a 1-year validity period. Given the Service's current card production capabilities, 1 year is a sufficient amount of time for the individual to obtain the actual Form I-551.

http://www.uscis.gov/propub/ProPubVAP.jsp?...7e0c8522e50a479

Again, pretty sure this is much ado about nothing [the OP,] and you follow the steps we did today, with Temp Stamp on your I-94 from JFK then likely you can get hired and work legally.

The rules 'changed' last in 1997, which was considerably prior to our experience, and my wife worked legally with an I-94 and temp stamp [no picture on the I-94,] Washington State picture ID card, her K-1 stamped passport, and a Social Security Card clearly marked "If Work Authorized." As long as Uncle Sam is collecting the taxes, and you find and employer wanting to hire you, all is right as rain.

Edited January 23, 2009 by ready4ONE

[rebeccajo 14]

True our experience is two years old, your mileage may vary but...

A. Forms I-94 Marked With a Temporary I-551 Stamp

Current regulations at 8 CFR 274a.2(B)(1)(vi)(B) provide that if an individual presents to his or her employer the arrival portion of Form I-94 that the Service has marked with a temporary I-551 stamp and has affixed the alien's picture in lieu of a Permanent Resident Card, Form I-551, the individual must present the actual Form I-551 within 180 days from the date of hire or, in the case of reverification, the date employment authorization expires even if the temporary I-551 stamp on the Form I-94 contains a later expiration date. At the time of the September 30, 1997, interim rule, when this provision was added to the regulations, the Service determined that the 180-day validity period would be a sufficient amount of time for an individual to obtain the actual Form I-551. Since the September 30, 1997, interim rule, the Service has determined that in some cases, it may take longer than 180 days to obtain the actual Form I-551. In addition, the Service determined that employers may be confused when the expira tion date written on the Form I-94 itself and the regulatory validity period of the receipt are not the same. It is likely that employers will rely upon the expiration date of the stamp on Form I-94, rather than count 180 days from the date the employee presents the receipt, since the date of the stamp is more obvious. To eliminate this confusion, this interim rule amends the regulations to provide that the receipt validity period for the Form I-94 marked with a temporary I-552 stamp and affixed with a pic ture is to be the same as the expiration date of the temporary I-551 stamp written on Form I-94. The Service issues some Forms I-94 marked with temporary I-552 stamps with a validity period that is less than 1 year. Some are issued with a validity period that is more than 1 year. However, most are issued with a 1-year validity period. Given the Service's current card production capabilities, 1 year is a sufficient amount of time for the individual to obtain the actual Form I-551.

http://www.uscis.gov/propub/ProPubVAP.jsp?...7e0c8522e50a479

Again, pretty sure this is much ado about nothing [the OP,] and you follow the steps we did today, with Temp Stamp on your I-94 from JFK then likely you can get hired and work legally.

The rules 'changed' last in 1997, which was considerably prior to our experience, and my wife worked legally with an I-94 and temp stamp [no picture on the I-94,] Washington State picture ID card, her K-1 stamped passport, and a Social Security Card clearly marked "If Work Authorized." As long as Uncle Sam is collecting the taxes, and you find and employer wanting to hire you, all is right as rain.

Again, please don't confuse this with the K1.

I-551 is the document issued to legal permanent residents - the greencard. K1'a are not LPR's.

Edited January 23, 2009 by rebeccajo

[Kez/JWolf 6]

True our experience is two years old, your mileage may vary but...

A. Forms I-94 Marked With a Temporary I-551 Stamp

Current regulations at 8 CFR 274a.2( B) (1)(vi)( B) provide that if an individual presents to his or her employer the arrival portion of Form I-94 that the Service has marked with a temporary I-551 stamp and has affixed the alien's picture in lieu of a Permanent Resident Card, Form I-551, the individual must present the actual Form I-551 within 180 days from the date of hire or, in the case of reverification, the date employment authorization expires even if the temporary I-551 stamp on the Form I-94 contains a later expiration date. At the time of the September 30, 1997, interim rule, when this provision was added to the regulations, the Service determined that the 180-day validity period would be a sufficient amount of time for an individual to obtain the actual Form I-551. Since the September 30, 1997, interim rule, the Service has determined that in some cases, it may take longer than 180 days to obtain the actual Form I-551. In addition, the Service determined that employers may be confused when the expira tion date written on the Form I-94 itself and the regulatory validity period of the receipt are not the same. It is likely that employers will rely upon the expiration date of the stamp on Form I-94, rather than count 180 days from the date the employee presents the receipt, since the date of the stamp is more obvious. To eliminate this confusion, this interim rule amends the regulations to provide that the receipt validity period for the Form I-94 marked with a temporary I-552 stamp and affixed with a pic ture is to be the same as the expiration date of the temporary I-551 stamp written on Form I-94. The Service issues some Forms I-94 marked with temporary I-552 stamps with a validity period that is less than 1 year. Some are issued with a validity period that is more than 1 year. However, most are issued with a 1-year validity period. Given the Service's current card production capabilities, 1 year is a sufficient amount of time for the individual to obtain the actual Form I-551.

http://www.uscis.gov/propub/ProPubVAP.jsp?...7e0c8522e50a479

Again, pretty sure this is much ado about nothing [the OP,] and you follow the steps we did today, with Temp Stamp on your I-94 from JFK then likely you can get hired and work legally.

The rules 'changed' last in 1997, which was considerably prior to our experience, and my wife worked legally with an I-94 and temp stamp [no picture on the I-94,] Washington State picture ID card, her K-1 stamped passport, and a Social Security Card clearly marked "If Work Authorized." As long as Uncle Sam is collecting the taxes, and you find and employer wanting to hire you, all is right as rain.

Your above quote is about people who have a I-551 stamp in their passport and I-94. A I-551 is a temp Greencard NOT a K1 visa. The SSA may well continue to class a K1 as a work authorized visa so that they can issue SSN to those people BUT what you need to read is the NEW I-9 form that becomes valid on 02/02/09.

So what you were able to do last year or even last week or even next week, You will not be able to do after 02/02/09. This effects any K1 applying for work after that date. By law everyone being employed in the US has to complete the form I-9 even if you are a US Citizen. So ultimately you can have a temp EAD stamp on your I-94 and a SSN but because the visa you entered the US on is not a work visa that states a employers name "SPECIFIC EMPLOYER" You can NOT satisfy the requirements of the I-9.

[nellehr 0]

So the temp EAD stamp that one can get at JFK is not an I-551 stamp?

[ready4ONE 5,400]

If you read the instructions for the employer using the new I-9 you see they are to examine either one document from List A

OR [and this is critical to my argument the original post, and arguments that using the steps suggested by me, K-1 visa holder's can't work with the Temporary Work stamp from JFK assuming they can and do get one.]

One from list B AND one from List C.

Included in list B, the first document is:

1. Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address

List C the first document is:

1. U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment)

My wife had both of the above, to go with the Temp Work Stamp from JFK, and under the new and required updated I-9 forms own instructions, those documents continue to satisfy the eligibility to work.

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

[rebeccajo 14]

So the temp EAD stamp that one can get at JFK is not an I-551 stamp?

No.

[rebeccajo 14]

If you read the instructions for the employer using the new I-9 you see they are to examine either one document from List A

OR [and this is critical to my argument the original post, and arguments that using the steps suggested by me, K-1 visa holder's can't work with the Temporary Work stamp from JFK assuming they can and do get one.]

One from list B AND one from List C.

Included in list B, the first document is:

1. Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address

List C the first document is:

1. U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment)

My wife had both of the above, to go with the Temp Work Stamp from JFK, and under the new and required updated I-9 forms own instructions, those documents continue to satisfy the eligibility to work.

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

If a K1 entrant has these documents then yes, they can work.

It is not easy for K1 entrants to get a driver's license or ID card from most states, though, with only the K1 visa in their passport. Anecdotally many readers to these forums report needing the EAD to obtain a driver's license (not the EAD temp stamp, but the plastic card I765).

And the only K1 entrant who might have an unrestricted Social Security card would be one who had possibly previously lived and worked in the US and still had their old SS card.

So you are correct that one item from B and one from C will work.

However, most K1 entrants will find it either impossible or extremely difficult to obtain both documents.

Edited January 23, 2009 by rebeccajo

[ready4ONE 5,400]

You can expect to have the restriction If Work Authorized [forget the exact wording] imprinted on your social security card as a K-1.

[Kez/JWolf 6]

You can expect to have the restriction If Work Authorized [forget the exact wording] imprinted on your social security card as a K-1.

yes you are right about the restriction on the SSN card, so even if you had a State ID or Drivers License the employer will see the restriction on the SSN card and ask to see your authorization to work, and that is a EAD. so you are back to a document from list A which a K1 can not satisfy.

[payxibka 10,045]

And the only K1 entrant who might have an unrestricted Social Security card would be one who had possibly previously lived and worked in the US and still had their old SS card.

but only if they previously held a greencard... It is only when LPR status is granted does the restriction come off.

[rebeccajo 14]

And the only K1 entrant who might have an unrestricted Social Security card would be one who had possibly previously lived and worked in the US and still had their old SS card.

but only if they previously held a greencard... It is only when LPR status is granted does the restriction come off.

You know, I'm not really sure about that..........

We all know that things used to be different "back in the day" - ie prior to 9/11 or even prior to the last big re-write of the INA in 1996.

I have always wondered if immigrants who had been here previously on, say work or J visas, were given Social Security cards with the restriction printed on it.....................

[milimelo 4,413]

And the only K1 entrant who might have an unrestricted Social Security card would be one who had possibly previously lived and worked in the US and still had their old SS card.

but only if they previously held a greencard... It is only when LPR status is granted does the restriction come off.

You know, I'm not really sure about that..........

We all know that things used to be different "back in the day" - ie prior to 9/11 or even prior to the last big re-write of the INA in 1996.

I have always wondered if immigrants who had been here previously on, say work or J visas, were given Social Security cards with the restriction printed on it.....................

I can tell you about that as I received my first SS card when I was on J-1 visa - entered the country prior to 9/11 in 2001. My SS card had valid for work with INS authorization only (don't remember the exact wording) but I did work on-campus once the people at BECA (Fed Govt) allowed me.

[Gary and Alla 3,694]

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???

If your fiancee is from New York State, it will probably be cheaper and easier for you to go through JFK anyway. You must first enter at a US airport which has facilities to accept foreign visitors, I am not sure there are any others in New York, perhaps Albany or Buffalo, I am not sure. If he lives within 5-6 hours drive of JFK (and he almost certainly does) then it is better to make the drive to JFK than make you layover, transfer flights and take a short hop to somewhere else in New York state.

[SwanTiger 0]

The "USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility

Reopens Public Comment Period for 30 days" announcement:

http://www.uscis.gov/portal/site/uscis

The actual changes:

http://edocket.access.gpo.gov/2008/E8-29874.htm

Where we can add our comments regarding these changes to the I-9:

ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-

2008-0001, by any of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Mail: Chief, Regulatory Management Division, U.S.

Citizenship and Immigration Services, Department of Homeland Security,

111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529-2210.

To ensure proper handling, please reference DHS Docket No. USCIS-2008-

0001 on your correspondence. This mailing address may be used for

paper, disk, or CD-ROM submissions.

Hand Delivery/Courier: Regulatory Management Division,

U.S. Citizenship and Immigration Services, Department of Homeland

Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC

20529-2210. Contact Telephone Number (202) 272-8377.

I've been reading the K-1 forum which says that an EAD stamp will no longer be valid. Where is this stated in the proposed changes?

Thanks, in advance, for any help.

Swan