Offered a job but don't have visa/ead yet!

[YuAndDan 153]

Someone will hopefully correct me here, as I'm not 100% sure of things, but I have read that POE through JFK airport will give you temp. EAD on your visa. If you're coming from Australia, you might consider that if it's possible. Apparently you ask customs or something like that. Not all of them do that, mind you. I've read that in on other forms too, to ask at POE.

NEGATIVE, The EAD stamp is NOT valid, the I-9 requires a PHOTO ID EAD CARD. The Stamp will not cut it, The employer is obligated to verify work auth, and USCIS will indicate that is NOT authorized.

JFK sometimes stamps K-1 EAD, ONLY to make it easier to get a SSN. USCIS has instructed SSA to treat K-1 as work auth for one reason only, to get a SSN. Some states will not issue a marriage license unless the applicant has SSN, K-1 can get SSN within 75 days of entry so that they can get a marriage license so that they can get married.

Again K-1 is NOT a work visa, it is a fiancee visa for MARRIAGE only.

[Killer_Clown_2009 0]

thanks. i'll definitely have to educate myself on your tax system!

so, if i worked and got caught (i doubt i'd take the risk, but it's good to know) i won't necessarily be deported?

Again I would NOT take the risk. USCIS can be serious about this, it can go either way.

What do you mean it can go "either way". Working without authorization is forgiven when you are married to a USCIS and adjust your status. Someone can correct me, if I am wrong. When has it ever gone either way?

[YuAndDan 153]

thanks. i'll definitely have to educate myself on your tax system!

so, if i worked and got caught (i doubt i'd take the risk, but it's good to know) i won't necessarily be deported?

Again I would NOT take the risk. USCIS can be serious about this, it can go either way.

What do you mean it can go "either way". Working without authorization is forgiven when you are married to a USCIS and adjust your status. Someone can correct me, if I am wrong. When has it ever gone either way?

If caught it can be unpredictable, the safe thing to do is to not take a risk.

Again I said they typically forgive, but as others have indicated they have heard of deportations for this.

[Killer_Clown_2009 0]

thanks. i'll definitely have to educate myself on your tax system!

so, if i worked and got caught (i doubt i'd take the risk, but it's good to know) i won't necessarily be deported?

Again I would NOT take the risk. USCIS can be serious about this, it can go either way.

What do you mean it can go "either way". Working without authorization is forgiven when you are married to a USCIS and adjust your status. Someone can correct me, if I am wrong. When has it ever gone either way?

If caught it can be unpredictable, the safe thing to do is to not take a risk.

Again I said they typically forgive, but as others have indicated they have heard of deportations for this.

What direct experience with this do you have yu and dan? Please cite your reasons for indicating that it is "unpredicatable". I would like to see some first hand posts from people who have had this happen, not just someone saying they heard someone was deported for working illegally. They could have been deported for any number of reasons. That's not good enough proof.

[mingus_drake 0]

does anyone have an opinion on the probability of the EAD taking a lot less than 90 days? I know all about the stats etc but are there cases where it's taken substantially shorter than that and is there any way to speed that process up?

[Killer_Clown_2009 0]

The legislation states that unauthorized work is forgiven when a person adjusts status based on their marriage to a USC. This really irks me about "unpredicatable", "deportations" etc.

No immigration judge would uphold a deportation based on just that one thing and a person in that situation is not to be denied AOS for that either.

Someone show me some case law where this has happened to someone.

[Killer_Clown_2009 0]

does anyone have an opinion on the probability of the EAD taking a lot less than 90 days? I know all about the stats etc but are there cases where it's taken substantially shorter than that and is there any way to speed that process up?

Mingus, I have seen people get them in 30 days. I was told here in these forums by a bunch of experts that EAD could not be expedited, however I was able to get mine expedited with the assistance of my local reps (Marty Meehan at the time) office. They were quite willing to help us out and the EAD was approved within a couple of days of them contacting MSC.

Edited May 28, 2009 by jane2009

[mingus_drake 0]

does anyone have an opinion on the probability of the EAD taking a lot less than 90 days? I know all about the stats etc but are there cases where it's taken substantially shorter than that and is there any way to speed that process up?

Mingus, I have seen people get them in 30 days. I was told here in these forums by a bunch of experts that EAD could not be expedited, however I was able to get mine expedited with the assistance of my local reps (Marty Meehan at the time) office. They were quite willing to help us out and the EAD was approved within a couple of days of them contacting MSC.

thanks very much. this could be worth trying. who are the reps exactly? government? i'll be in milwaukee. the congresswoman?

[Killer_Clown_2009 0]

does anyone have an opinion on the probability of the EAD taking a lot less than 90 days? I know all about the stats etc but are there cases where it's taken substantially shorter than that and is there any way to speed that process up?

Mingus, I have seen people get them in 30 days. I was told here in these forums by a bunch of experts that EAD could not be expedited, however I was able to get mine expedited with the assistance of my local reps (Marty Meehan at the time) office. They were quite willing to help us out and the EAD was approved within a couple of days of them contacting MSC.

thanks very much. this could be worth trying. who are the reps exactly? government? i'll be in milwaukee. the congresswoman?

It would the congress people who are in the US senate and house of reps for your area. So, your federal reps, not the state ones.

[TimandJoyce 1]

Someone will hopefully correct me here, as I'm not 100% sure of things, but I have read that POE through JFK airport will give you temp. EAD on your visa. If you're coming from Australia, you might consider that if it's possible. Apparently you ask customs or something like that. Not all of them do that, mind you. I've read that in on other forms too, to ask at POE.

NEGATIVE, The EAD stamp is NOT valid, the I-9 requires a PHOTO ID EAD CARD. The Stamp will not cut it, The employer is obligated to verify work auth, and USCIS will indicate that is NOT authorized.

JFK sometimes stamps K-1 EAD, ONLY to make it easier to get a SSN. USCIS has instructed SSA to treat K-1 as work auth for one reason only, to get a SSN. Some states will not issue a marriage license unless the applicant has SSN, K-1 can get SSN within 75 days of entry so that they can get a marriage license so that they can get married.

Again K-1 is NOT a work visa, it is a fiancee visa for MARRIAGE only.

Glad to know!! Thanks!! Sometimes the way things are worded can be hard to follow...I knew that K-1 was marriage only, but thought that maybe the EAD stamp would allow one to work earlier...that's all.

[TimandJoyce 1]

Mingus, I have seen people get them in 30 days. I was told here in these forums by a bunch of experts that EAD could not be expedited, however I was able to get mine expedited with the assistance of my local reps (Marty Meehan at the time) office. They were quite willing to help us out and the EAD was approved within a couple of days of them contacting MSC.

I'll try to remember that info when it's my turn. I currently work for Curves for women, and when I was down in SC in April, I went to the Curves to do my workouts, and of course they wanted to know what brought me down south. After I told them I'd be moving and everything, she asks "Did you still want to work for Curves when you move??" I explained of the EAD matter, and when I can legally work...I'm not risking anything!!...but if I can get it sooner....*really big smiles now*....

[mingus_drake 0]

Mingus, I have seen people get them in 30 days. I was told here in these forums by a bunch of experts that EAD could not be expedited, however I was able to get mine expedited with the assistance of my local reps (Marty Meehan at the time) office. They were quite willing to help us out and the EAD was approved within a couple of days of them contacting MSC.

I'll try to remember that info when it's my turn. I currently work for Curves for women, and when I was down in SC in April, I went to the Curves to do my workouts, and of course they wanted to know what brought me down south. After I told them I'd be moving and everything, she asks "Did you still want to work for Curves when you move??" I explained of the EAD matter, and when I can legally work...I'm not risking anything!!...but if I can get it sooner....*really big smiles now*....

hey good for you, doesn't it make you feel good to know there are opportunities out there for work? can be hard to do this big move with that as a big unknown!

i'm going to proceed for now in the hopes of getting a quick ead

[mingus_drake 0]

back on the contractor thing- since i'd be paying my own taxes, by which time i'd have my ead anyway, and would be independent from the company i'm doing the work for, is it possible i could do the job via this route prior to having the ead?

[Cuchita 1]

My husband came JFK, got stamp, got SSN then applied for a job and the manager pulled out a paper where he had the requirements for poeple he can hire to work, saw the I-94 with stamp, the ss and said okay you can work till the expiration date, and he is working. Now we got married at courthouse, sent AOS, if he gets the EAD before the 90 days, he won't need to quit his job. I am crosing my fingers.

I don't understand what does this link in the guides mean then :

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

Someone will hopefully correct me here, as I'm not 100% sure of things, but I have read that POE through JFK airport will give you temp. EAD on your visa. If you're coming from Australia, you might consider that if it's possible. Apparently you ask customs or something like that. Not all of them do that, mind you. I've read that in on other forms too, to ask at POE.

NEGATIVE, The EAD stamp is NOT valid, the I-9 requires a PHOTO ID EAD CARD. The Stamp will not cut it, The employer is obligated to verify work auth, and USCIS will indicate that is NOT authorized.

JFK sometimes stamps K-1 EAD, ONLY to make it easier to get a SSN. USCIS has instructed SSA to treat K-1 as work auth for one reason only, to get a SSN. Some states will not issue a marriage license unless the applicant has SSN, K-1 can get SSN within 75 days of entry so that they can get a marriage license so that they can get married.

Again K-1 is NOT a work visa, it is a fiancee visa for MARRIAGE only.

Edited May 28, 2009 by Cuchita

[Kinito_2k3 5]

Someone will hopefully correct me here, as I'm not 100% sure of things, but I have read that POE through JFK airport will give you temp. EAD on your visa. If you're coming from Australia, you might consider that if it's possible. Apparently you ask customs or something like that. Not all of them do that, mind you. I've read that in on other forms too, to ask at POE.

The EAD that they give is not valid for work on a K-1 Visa. It's been discussed a lot down here and has been confirmed to me by an immigration officer during an infopass appointment.

Basically, I would be honest with them. See if you can build a business under your husband's name and get paid on this account. That way, you don;t get paid but your husband does, and you are volunteering for him Just an idea...

Edited May 28, 2009 by Kinito_2k3