Okay to Work Now??

[provec 5]

Hi Everyone,

My wife has had her SS number since late February and we just last week sent in the AOS packet complete with Advanced Parole and EAD applications.

Her I-94 expires about May 5 and we just wondered by way of confirmation if it is okay for her to work now.

I'm assuming that with her Social Security number in hand it's fine but we neded to ask.

Tx,

Rob

[Bobby+Umit 161]

Once she gets the EAD - she is good to go.

[Jenni and Bo 0]

Hmm, as far as I know she can't work until she has her EAD in hand. Your application is sent but it hasn't been approved yet. Did she get a temp work stamp with her 1-94? Even then, she can only work until the day it expires.

Someone correct me if I'm wrong...

[baron555 934]

Hi Everyone,

My wife has had her SS number since late February and we just last week sent in the AOS packet complete with Advanced Parole and EAD applications.

Her I-94 expires about May 5 and we just wondered by way of confirmation if it is okay for her to work now.

I'm assuming that with her Social Security number in hand it's fine but we neded to ask.

Tx,

Rob

Depends on the employer. Most will want to see the EAD since that is the official OK to Work document.

[Ban Hammer 13,360]

moved from K-1 Fiance(e) Visa Process & Procedures General Discussion to working and traveling.

[TayRivers 4]

Hi Everyone,

My wife has had her SS number since late February and we just last week sent in the AOS packet complete with Advanced Parole and EAD applications.

Her I-94 expires about May 5 and we just wondered by way of confirmation if it is okay for her to work now.

I'm assuming that with her Social Security number in hand it's fine but we neded to ask.

Tx,

Rob

She can not work until she had the EAD in her hand. She will need it to be able to complete the I-9 form that all new employees have to complete.

The SSN on its own does not authorize her for work.

[Rocky_nBullwinkle 6]

Hi Everyone,

My wife has had her SS number since late February and we just last week sent in the AOS packet complete with Advanced Parole and EAD applications.

Her I-94 expires about May 5 and we just wondered by way of confirmation if it is okay for her to work now.

I'm assuming that with her Social Security number in hand it's fine but we neded to ask.

Tx,

Rob

Depends on the employer. Most will want to see the EAD since that is the official OK to Work document.

Yeah, it depends on the employer. In my case, employer hired me even though I didn't have my EAD yet because we haven't filed AOS during that time. As soon as I got my EAD, I went to the HRD and they made a photocopy of my EAD for their own file.

[Bobby+Umit 161]

Hi Everyone,

My wife has had her SS number since late February and we just last week sent in the AOS packet complete with Advanced Parole and EAD applications.

Her I-94 expires about May 5 and we just wondered by way of confirmation if it is okay for her to work now.

I'm assuming that with her Social Security number in hand it's fine but we neded to ask.

Tx,

Rob

Depends on the employer. Most will want to see the EAD since that is the official OK to Work document.

Yeah, it depends on the employer. In my case, employer hired me even though I didn't have my EAD yet because we haven't filed AOS during that time. As soon as I got my EAD, I went to the HRD and they made a photocopy of my EAD for their own file.

That doesn't sound quite right.

If you do not have the EAD in hand, you would be working without authorization. Which is not a good place to be.

Everything I have read/goggled/and asked seem to indicate you need the EAD in hand prior to actually working.

Sample:

Employment Authorization Document (EAD). In most cases, for the categories that require an EAD, the actual EAD card must be in the alien's possession before accepting employment. Receipt notices, approval notices or printouts from USCIS are not evidence of work authorization.

EADs contain a picture of the alien and basic information such as the name, birth date, country of birth, and the USCIS "A" number (alien registration number). It may be used for identification as well as employment eligibility to employers when completing the Form I-9.

Souce of info

and this:

Question: How long does it take to get EAD on an L-2 visa? Can the applicant work legally before actually getting the EAD card during at the time the application is pending with the USCIS?

Answer: It takes about 2 to 4 months for most EADs. A person is NOT allowed to work legally until s/he actually has the EAD in hand. Even having the USCIS letter confirming that the EAD is approved and being mailed is not sufficient, legally. It puts a risk on both the employer and the employee.Mar-26-2007.

Source (yes - I see that it talks about "l-2", but the answer matches the other info out there)

[Usui Takumi 1,562]

Bobby, I think things were very unclear rules-wise when Rocky started working. USCIS finally recognized this hence the much more clear guidelines for K1 visa holders as of this April.

[Usui Takumi 1,562]

BTW to the OP. Given that the wait time is 70-100 days or EAD and you haven't found work yet...you can probably start looking soon. Personally, I would approach employers saying that you are work authorized, then if say you find a job and you are still a few weeks from getting your EAD you can always negotiate your start date. It really depends on your field. In mine for instance, I would never be expected to start a new job under 30 days of accepting.

[Rocky_nBullwinkle 6]

Hi Everyone,

My wife has had her SS number since late February and we just last week sent in the AOS packet complete with Advanced Parole and EAD applications.

Her I-94 expires about May 5 and we just wondered by way of confirmation if it is okay for her to work now.

I'm assuming that with her Social Security number in hand it's fine but we neded to ask.

Tx,

Rob

Depends on the employer. Most will want to see the EAD since that is the official OK to Work document.

Yeah, it depends on the employer. In my case, employer hired me even though I didn't have my EAD yet because we haven't filed AOS during that time. As soon as I got my EAD, I went to the HRD and they made a photocopy of my EAD for their own file.

That doesn't sound quite right.

If you do not have the EAD in hand, you would be working without authorization. Which is not a good place to be.

Everything I have read/goggled/and asked seem to indicate you need the EAD in hand prior to actually working.

Sample:

Employment Authorization Document (EAD). In most cases, for the categories that require an EAD, the actual EAD card must be in the alien's possession before accepting employment. Receipt notices, approval notices or printouts from USCIS are not evidence of work authorization.

EADs contain a picture of the alien and basic information such as the name, birth date, country of birth, and the USCIS "A" number (alien registration number). It may be used for identification as well as employment eligibility to employers when completing the Form I-9.

Souce of info

and this:

Question: How long does it take to get EAD on an L-2 visa? Can the applicant work legally before actually getting the EAD card during at the time the application is pending with the USCIS?

Answer: It takes about 2 to 4 months for most EADs. A person is NOT allowed to work legally until s/he actually has the EAD in hand. Even having the USCIS letter confirming that the EAD is approved and being mailed is not sufficient, legally. It puts a risk on both the employer and the employee.Mar-26-2007.

Source (yes - I see that it talks about "l-2", but the answer matches the other info out there)

I guess most employers will not rely on this information. But as long as you are in status, you are technically allowed to work without any EAD. If you are out of status, you are not allowed to work. Just my two cents. I guess got lucky that my employer took a chance on me.

[rebeccajo 14]

Hi Everyone,

My wife has had her SS number since late February and we just last week sent in the AOS packet complete with Advanced Parole and EAD applications.

Her I-94 expires about May 5 and we just wondered by way of confirmation if it is okay for her to work now.

I'm assuming that with her Social Security number in hand it's fine but we neded to ask.

Tx,

Rob

Depends on the employer. Most will want to see the EAD since that is the official OK to Work document.

Yeah, it depends on the employer. In my case, employer hired me even though I didn't have my EAD yet because we haven't filed AOS during that time. As soon as I got my EAD, I went to the HRD and they made a photocopy of my EAD for their own file.

That doesn't sound quite right.

If you do not have the EAD in hand, you would be working without authorization. Which is not a good place to be.

Everything I have read/goggled/and asked seem to indicate you need the EAD in hand prior to actually working.

Sample:

Employment Authorization Document (EAD). In most cases, for the categories that require an EAD, the actual EAD card must be in the alien's possession before accepting employment. Receipt notices, approval notices or printouts from USCIS are not evidence of work authorization.

EADs contain a picture of the alien and basic information such as the name, birth date, country of birth, and the USCIS "A" number (alien registration number). It may be used for identification as well as employment eligibility to employers when completing the Form I-9.

Souce of info

and this:

Question: How long does it take to get EAD on an L-2 visa? Can the applicant work legally before actually getting the EAD card during at the time the application is pending with the USCIS?

Answer: It takes about 2 to 4 months for most EADs. A person is NOT allowed to work legally until s/he actually has the EAD in hand. Even having the USCIS letter confirming that the EAD is approved and being mailed is not sufficient, legally. It puts a risk on both the employer and the employee.Mar-26-2007.

Source (yes - I see that it talks about "l-2", but the answer matches the other info out there)

I guess most employers will not rely on this information. But as long as you are in status, you are technically allowed to work without any EAD. If you are out of status, you are not allowed to work. Just my two cents. I guess got lucky that my employer took a chance on me.

No a K1 isn't allowed to work just because they are 'in status'. See the pinned thread at the top of this fourm.

Lots of employers take risks. Their neck usually and not yours - unless there happens to be an ICE raid.

[Usui Takumi 1,562]

Yeah, I would have said prior to the april changes, that as an employee if your employer was willing to hire without submitting the proper I form then it mostly falls on the employer. The rules before were probably unclear enough and had enough discrepancies that as the employee you could have just played dumb and would have been in the clear. But now there are no excuses...the updated forms are pretty clear.

[tevs 0]

I was wondering too, today I looked up our case for my husband's work authorization (I-765). It said as of 5/11/09, that his work authorization has been approved and the approval notice has been sent. I've read a few things saying the card actually comes with the notice and other things saying the card comes after the notice.....can it really vary? Do they sometimes send just an approval notice with no card, then the card later?

Thanks!

Svet

[JeremyR 8]

'Approval notice sent' should mean your card is on its way. EADs and GCs come attached to form I-797D, this is the 'approval notice'.