TWO Temp EAD's??

[ufkenmill 0]

My wife and I entered the US via JFK and she received a temp EAD stamp on her I-94, we applied for the EAD shortly after but have only received the I797 NOA since then. Now my wife has found a job here but her Temp EAD will be expiring soon and we haven't received her EAD card yet. Does anyone know if she can get another Temp EAD? The first one was just a stamp at the airport but I've seen that the Temp EAD is actually a card, I'm wondering if she can get a Temp EAD Card now and extend her authorization until she gets her EAD.

What are we supposed to do if she's working and her Temp EAD expires? I don't planon telling her employer about it if you know what I mean..

[Kez/JWolf 6]

You can not extend your wife's temp EAD... she will have to stop work until she has received her EAD that you applied for with your AOS.... this is one of the reasons that most people dont bother with the temp EAD when they arrive at POE as it is unlikely that you will receive the EAD from the AOS until after the temp EAD has expired and you can not work without a EAD...

Kezzie

[rob&ana 0]

If her EAD expires she does have to stop working until she gets either the “Interim EAD” or the EAD card (the one you applied for). The way to get an interim EAD card is by making an infopass on the uscis website and visiting your local INS office. There are conditions to obtain an interim EAD, you must have had applied for an EAD (along with your AOS), and 90 days should’ve passed since they received the application.

If you applied for AOS in June, you are not entitled yet to an interim EAD (you will be eligible in september). That is the reason why most people say that the EAD stamp or card (in some cases) that you get with the K1 is not worth getting.

[ufkenmill 0]

Are you basing this on your own experience or just from what you've read on the internet? I also have read these things on the internet but it just doesn't make any sense to give out a Temp EAD and then expect the person to just quit their job while they're waiting for the EAD.

We made an appt to get an interim EAD even though it hasn't been 90 days and I believe it is up to the examining officer to make the decision. There are so many illegals in this area, I can't see them turning her down just because it hasn't been 90 days yet.

[Kez/JWolf 6]

Go and read the USCIS website about working in the US... it is not information taken from the internet it is the law with regard to EAD.... good luck with the infopass but it clearly states that you will not be given an interim EAD until 91 days from the date of your NOA1 for EAD....

Sorry you feel this is wrong but that is just the way it is and many people have had to give up good jobs because the did not have the EAD before their temp EAD expired.....

Kezzie

[ufkenmill 0]

In San Diego, at the USCIS Field Office, an alien can walk in there and get an EAD that same day.. But this is not in the rule book as we all have read on the USCIS website. So we're going to try anyway, we'll keep you updated...

Thanks for everything...

[Kez/JWolf 6]

Yes at most USCIS local offices you can walk in and get a EAD the same day... if 90 days have passed since you received the NOA for your EAD....

But good luck with your visit...

Kezzie

[rob&ana 0]

I actually did not get my passport stamped, but I did get the temp EAD card that you're entittled to with the K1 visa, however, planning and wedding and looking for a good job took time. By the time I was ready to accept an offer, my temp EAD card was expired. I was lucky enough that my employer decided to wait for me. But I had to wait the 90 - 91 days to get my interim EAD since my EAD hadnt been approved.

It doesnt hurt to go and ask, however be prepared for rejection.

Good luck...

Ana

[ufkenmill 0]

Thanks for the advice Ana.. Did you actually try to go and get the EAD at the field office or did you just wait until the 90 days was up before you went?

[rob&ana 0]

Actually...

I went on an infopass appointment on like a week short of the 90 days. I wanted to ask if they were going to provide me with the interim one if I didnt get it approved on the 90 day period.

They were SO kind, they said they'd give it to me then. So I got my probably on day 83 or so.... this is not common though.

Like Kezzie said, they would give you an interim card only if your waiting period has expired.

Again, good luck and keep us posted...

[damulag 26]

Do not forget that you needed to apply for your EAD card with the AOS application or after the AOS application. If they give you an EAD you might only get one until the I-94 expires, 90 days after arrival. In order to get a one year card you needed to apply with the AOS or after.

Mike and Luvy

[ufkenmill 0]

Just to give everyone an update...we just came back from the Baltimore field office and was told that since we have applied for the AOS and EAD, and have receipts, that it is OK to keep working with the expired temp EAD that my wife received at JFK.

This is a great thing, my wife will not have to quit her job and also in the future others will know that a temp EAD is a great thing to get if you can get it since it will allow K1's to work right away after getting here, even BEFORE a permanent EAD is issued and even if the temp EAD expires before the EAD is issued. The supervisor at the Field Office confirmed that my wife and her employer are not breaking any laws or rules by continuing working with an expired temp EAD, since the AOS and EAD have been filed for already.

This is the most logical conclusion anyway since it would be absolutely ridiculous to give out temp EAD's that will almost always end up expiring before the EAD is issued and having all these LEGAL immigrants having to stop working while they wait for their EAD.

[rob&ana 0]

Well....

That is great news, I wish someone had told me this when I was getting hired!! (well, actually it wouldn't have worked for me, because I got my offer 5 days before the expiring date of my temp EAD).

But that is still awesome news, for all of those like your fiancee that can start working with their temp EADs and keep on working until they get the definite one.

Good for you for being perseverant, and not giving up hope!!!

Congrats!

[jelti 0]

Just to give everyone an update...we just came back from the Baltimore field office and was told that since we have applied for the AOS and EAD, and have receipts, that it is OK to keep working with the expired temp EAD that my wife received at JFK.

This is a great thing, my wife will not have to quit her job and also in the future others will know that a temp EAD is a great thing to get if you can get it since it will allow K1's to work right away after getting here, even BEFORE a permanent EAD is issued and even if the temp EAD expires before the EAD is issued. The supervisor at the Field Office confirmed that my wife and her employer are not breaking any laws or rules by continuing working with an expired temp EAD, since the AOS and EAD have been filed for already.

This is the most logical conclusion anyway since it would be absolutely ridiculous to give out temp EAD's that will almost always end up expiring before the EAD is issued and having all these LEGAL immigrants having to stop working while they wait for their EAD.

You gotta be shittin me.

I mean, I'm not directing my anger towards you, in fact I'm very happy for your wife...but damn, if we woulda known this I would have paid the extra cash to get my husband through JFK so he could get one. We've been living on one income since November, and are still waiting for his EAD to be approved. Wow. If only we would have known...

Edited July 10, 2006 by jelti

[Kez/JWolf 6]

Strange how one office tell you something diffrent from others.... many have asked the same thing and been told that because the applications are for 2 diffrent EAD's you have to stop working until you get your EAD you filed for with or after AOS....

Good luck with your continuing job hope that this information proves to be right.....

Kezzie