Can I work with my EAD stamp that is up to May 2010 upon POE if my k1 visa will expire this August?

[TayRivers 4]

TayRivers, sorry to say, you're wrong. The question you are quoting in the handbook relates to employment based visas. When I replied to this post I do so in haste, but I do know she's authorized to work (based on the information provided, I haven't seen her documents).

The whole purpose of an EAD stamp on an I-94 for a K-1 visa holder is? Is to authorize employment! EAD stands for Employment Authorization Document, the stamp creates the authorization and along with a Social Security Number, the immigrant is authorized to work, and in this case the authorization is valid until May 2010 giving the beneficiary ample to time complete the AOS process.

Her passport with the entry k-1 visa meets the List B requirement, and her EAD stamp on the I-94 meets List C, item 8 requirement. She's authorized to work, period, the whole purpose of the I-9 form is to aid employers to comply with the law, and it is not designed to hinder employees authorized to work, to do so. You are reading portions of the I-9 instructions and the handbook in pieces and taking it literally. If you review the entire handbook and the I-9 instructions you will find that she meets the requirements. As a matter of fact a receipt for the procurement of a replacement document by a potential employee to be employed for more than 3 days is acceptable.

I'm an accountant and tax preparer, we also process payroll and payroll taxes in our office. Part of what we do is ensure that our clients are in compliance. I've been dealing with federal and state agencies for almost thirty years. I've had state and federal agents in my office, reviewing records of clients. I've handled hundreds of federal and state audits. I am not an immigration expert, and I'm not claiming to be one. But when it comes to accounting and taxation, I know what I do and I do it well.

I work for HR and I can assure you that since the rules changed back in April 2009 if you use the E-verify system for a K1 visa holder with a valid I-94 and EAD stamp it will come back as not authorized to work. My employers "The State of Massachusetts", had asked for clarification from USCIS with regards to K1 visa holders being employment authorized and the instruction we got back was that the I-9 rules were updated to clear up the confusion with regard to the I-94 and EAD stamp and who was authorized to work. The wording was changed with regard to the I-94 it now states that the EAD stamp and work authorization is only valid when it is with a visa that is for a specific employer.

You state that her K1 meets the requirment for list B and the ead stamp list C 8.. you need to go look again at those lists because nowhere in list B does it sate K1 visa and in list C 8 it has to be a EAD issued by DHS. the stamp is not a EAD that has been issued by DHS.

In the last 3 months since the change to the I-9 went into effect we have requested Employment Verification for 23 K1 visa Holders both manually and using the E-Verify system and not one has come back as authorized to work.

As for my only reading bits of the I-9 Employers Handbook, I have read the entire thing many times and have also had training in the Employment verification system for State/Federal employees. So yes I do know what I am talking about. The information you are giving is now incorrect as of April 2009.

I am sure you have the contact detail to check the validity of someones work authorization if that is part of your job, maybe you sould update yourself with the current requirments for the I-9.

[rebeccajo 14]

TayRivers, sorry to say, you’re wrong. The question you are quoting in the handbook relates to employment based visas. When I replied to this post I do so in haste, but I do know she’s authorized to work (based on the information provided, I haven’t seen her documents).

The whole purpose of an EAD stamp on an I-94 for a K-1 visa holder is? Is to authorize employment! EAD stands for Employment Authorization Document, the stamp creates the authorization and along with a Social Security Number, the immigrant is authorized to work, and in this case the authorization is valid until May 2010 giving the beneficiary ample to time complete the AOS process.

Her passport with the entry k-1 visa meets the List B requirement, and her EAD stamp on the I-94 meets List C, item 8 requirement. She’s authorized to work, period, the whole purpose of the I-9 form is to aid employers to comply with the law, and it is not designed to hinder employees authorized to work, to do so. You are reading portions of the I-9 instructions and the handbook in pieces and taking it literally. If you review the entire handbook and the I-9 instructions you will find that she meets the requirements. As a matter of fact a receipt for the procurement of a replacement document by a potential employee to be employed for more than 3 days is acceptable.

I’m an accountant and tax preparer, we also process payroll and payroll taxes in our office. Part of what we do is ensure that our clients are in compliance. I’ve been dealing with federal and state agencies for almost thirty years. I’ve had state and federal agents in my office, reviewing records of clients. I’ve handled hundreds of federal and state audits. I am not an immigration expert, and I’m not claiming to be one. But when it comes to accounting and taxation, I know what I do and I do it well.

Sorry Salsa, but you are wrong.

Accountants and tax preparers do not human resource managers make.

I would idly note than any HR department relying on their accountant or tax preparer for advice on compliance with the I9 is looking to the wrong source.

Edited July 14, 2009 by rebeccajo

[Surf2Salsa 0]

Been in DR with my fiancee 3 times since tax season ended.

Haven't gotten up to date ("yet")

But this looks like a case of the right hand not knowing what the right hand is doing, typical with USCIS.

Looks like someone messed up somewhere, this is contradictory to Family based immigration policies.

Going to look into it further.

TayRivers, sorry to say, you’re wrong. The question you are quoting in the handbook relates to employment based visas. When I replied to this post I do so in haste, but I do know she’s authorized to work (based on the information provided, I haven’t seen her documents).

The whole purpose of an EAD stamp on an I-94 for a K-1 visa holder is? Is to authorize employment! EAD stands for Employment Authorization Document, the stamp creates the authorization and along with a Social Security Number, the immigrant is authorized to work, and in this case the authorization is valid until May 2010 giving the beneficiary ample to time complete the AOS process.

Her passport with the entry k-1 visa meets the List B requirement, and her EAD stamp on the I-94 meets List C, item 8 requirement. She’s authorized to work, period, the whole purpose of the I-9 form is to aid employers to comply with the law, and it is not designed to hinder employees authorized to work, to do so. You are reading portions of the I-9 instructions and the handbook in pieces and taking it literally. If you review the entire handbook and the I-9 instructions you will find that she meets the requirements. As a matter of fact a receipt for the procurement of a replacement document by a potential employee to be employed for more than 3 days is acceptable.

I’m an accountant and tax preparer, we also process payroll and payroll taxes in our office. Part of what we do is ensure that our clients are in compliance. I’ve been dealing with federal and state agencies for almost thirty years. I’ve had state and federal agents in my office, reviewing records of clients. I’ve handled hundreds of federal and state audits. I am not an immigration expert, and I’m not claiming to be one. But when it comes to accounting and taxation, I know what I do and I do it well.

Sorry Salsa, but you are wrong.

Accountants and tax preparers do not human resource managers make.

I would idly note than any HR department relying on their accountant or tax preparer for advice on compliance with the I9 is looking to the wrong source.

Ohh, ohh, is this 2 against 1?

[rebeccajo 14]

Ohh, ohh, is this 2 against 1?

LOL...........only if that is what it takes to get you to see you're 'wrong'.

Which btw - we aren't trying to 'win' the argument. We just don't want incorrect info on the board.

Friends?

[Surf2Salsa 0]

Ohh, ohh, is this 2 against 1?

LOL...........only if that is what it takes to get you to see you're 'wrong'.

Which btw - we aren't trying to 'win' the argument. We just don't want incorrect info on the board.

Friends?

Friends of course, this topic got interesting real fast.

There seems to be a serious contradiction of two policies.

[TayRivers 4]

Been in DR with my fiancee 3 times since tax season ended.

Haven't gotten up to date ("yet")

But this looks like a case of the right hand not knowing what the right hand is doing, typical with USCIS.

Looks like someone messed up somewhere, this is contradictory to Family based immigration policies.

Going to look into it further.

It is not contradictory to family based immigration policies, there is nothing to stop a K1 visa holder applying for a EAD using form I-765, they qualify under catagory A6, it will cost them $340 and could take upto 90 days to process, but as the EAD would only be valid to the same expiry date as the I-94 (90 days from entry) it would be a waste of money for most people. Once the 90 days has past then the K1 visa holder is no longer Employment Authorized and they need to apply for a EAD along with their AOS using catogory C9.

[Surf2Salsa 0]

Looks like you may now have to e-file an I-765?

From USCIS:

Who Is Eligible to e-File This Form

Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

*

Category 274a.12(a)

o

(3) Refugee

o

(4) Paroled Refugee

o

(5) Asylee

o

(6) K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent

o

(7) N-8 or N-9

o

(8) Citizen of Micronesia/Marshall Islands or Palau

o

(10) Granted Withholding of Deportation

o

(11) Deferred Enforced Departure (DED)/Extended Voluntary Departure

o

(12) Temporary Protected Status (TPS) - TPS applicants may file only for re-registration via the e-Filing System; e-Filing is not available for initial or late initial registration. For a list of countries and dates that USCIS has designated as currently eligible to file for TPS, please visit the Temporary Protected Status page.

o

(13) Family Unity

o

(17) E-1 or E-2 Spouses

o

(18) L Spouses

*

Category 274a.12©

o

(2) Dependent of TECRO E-1 Nonimmigrant

o

(3)(a) Pre-Completion Opt 12 Months

o

(3)(B) Post Completion Opt 12 Months

o

(3)© 17-Month STEM Extension

o

(3)(ii) F-1 Student offered off-campus employment under the sponsorship of a qualifying international organization

o

(3)(iii) F-1 Student seeking off-campus employment due to severe economic hardship

o

(5) J-2 Spouse or Minor Child of an Exchange Visitor

o

(6) M-1 Practical training

o

(8) Asylum applicant

o

(9) Adjustment applicant

o

(10) Applicant for Suspension of Deportation (Non-NACARA)

o

(11) Public interest parolee

o

(14) Deferred Action* (may be eligible at a later date)

o

(16) Adjustment Applicant Based on Continuous Residence Since January 1, 1972

o

(17)(i) B-1 Domestic of nonimmigrant

o

(17)(ii) B-1 Domestic of certain U.S. citizens

o

(17)(iii) Employee foreign airline

o

(18) Final Order of Deportation

o

(19) Temporary Protected Status (TPS) - Please visit the Temporary Protected Status page for the most updated information regarding eligible TPS countries.

o

(20) Section 210 Legalization

o

(22) Sec 245A Legalization

o

(25) T Dependents (may be eligible at a later date)

That was my next comment, the I-765 fee and time frame makes it useless

[rebeccajo 14]

Salsa -

It's always been that the K1 holder needed and I765 to PROVE work authorization. It's just recently that the I9 was modified to make it CRYSTAL CLEAR.

See my pinned post at the top of this forum. The linked source of reference is from 2006, far before the recent I9 changes.

[Surf2Salsa 0]

You know what? Get a SS card and get a job at Bubbas Pizza down the street!

By the time they figure it out, the AOS process is finished.

[TayRivers 4]

You know what? Get a SS card and get a job at Bubbas Pizza down the street!

By the time they figure it out, the AOS process is finished.

LOL.... working without Authorization is outwith my knowledge... just dont lie about it to USCIS or it may come back to bite you later on down the road. There is a lot of time between getting AOS and Citizenship..

[Surf2Salsa 0]

You know what? Get a SS card and get a job at Bubbas Pizza down the street!

By the time they figure it out, the AOS process is finished.

LOL.... working without Authorization is outwith my knowledge... just dont lie about it to USCIS or it may come back to bite you later on down the road. There is a lot of time between getting AOS and Citizenship..

Bubbaa won't tell.... I'm real sure of that

You should see the kitchen staff

[Kathryn41 3,205]

You know what? Get a SS card and get a job at Bubbas Pizza down the street!

By the time they figure it out, the AOS process is finished.

.

While this appears to be tongue in cheek, it is not good even to joke about something that is illegal - and suggesting illegal activities - such as working without proper authorization - is a violation of TOS.

As an added point, sometimes the AOS process isn't quick and easy afterall - for mine it took 22 months - no problems, no RFE's, no nothing but time - so best to follow the legal route.

K-1s need an EAD under the newly defined terms of the I-9 to work, Just having a K-1 visa, a stamp on the I-94 and a SSN are no longer good enough

Edited July 14, 2009 by Kathryn41

[Surf2Salsa 0]

You have to be able to joke a bit about some things in this process.

At lot of this is frustrating, ironic, pathetic and/or stupid, a little humor here and there eases the waiting process.

Bubbaa of course would be a fictional character/employer, you can leave it to your imagination of what a character like that would think & care about a properly filled out I-9.

[Surf2Salsa 0]

This became a hot topic, we made it to the front page!

[DGAB2008 3]

I have been following this very interesting topic, with what sounds like great legal minds battling to the finish, and I'm left askng myself why, if it's virtually useless, is a K1 able to get an EAD stamp upon arrival?

Dionne

Edited July 15, 2009 by DGAB2008