my little ead story

[ddchucksgirl 0]

Sorry if this is entirely repetitive, I've been trying to read through this forum for about an hour now and my mind is absolute mush I figured it might be better to just throw my story out there, and if anyone knows where it is in here, maybe they can point me in that direction

My fiance and I are currently waiting for his interview next month in London for a K1. My employer here stateside has offered to hire him, and has spent the last 2 months training him long distance (unpaid of course). They've been making some very sweet accomodations for him and seem really excited that he's willing to work there... they've been wanting him to work there for about a year now, and it's taken about a year to get to the interview stage of our visa. We thought he'd have been here ages ago but we had run after run of bad luck. Long story short, the job is at a university and runs by semesters, the next one starting August 28th. I'm pretty sure my boss is counting on my fiance to start working then...

Which leads to the obvious problem - how on earth will an EAD work for this? I know he could possibly get a temp EAD if he flies through JFK, which he could do. I live near LAX but I'm not sure if they give out the temp ones. We also have not set a wedding date since we had so many delays with this in the first place, so I'm wondering if getting married straight away and applying for AOD the next day will help. From my understanding, IF he gets a temp EAD it's good for only 90 days, so here's what I'm thinking...

Have him fly through JFK and ask for the temp EAD, get married right after and apply for AOD immediately. (I read that they won't start a real EAD unless they have the AOS forms on file - is that right?) Have him work the 90 days which will basically take him through most of the semester, he might miss the last 3 or 4 weeks but I don't think we'd have a choice anyway. Hopefully by then something will be rolling with AOS and the real EAD, and when the next semester starts up in February he should hopefully have an EAD to start working again... does this make sense to anyone?

I got so excited about finally getting an interview date that I totally forgot about all this until now... I'm sorry for the rambling! Does anyone have any ideas, advice, links, anything?

[jelti 0]

Have a read at this post here. Looks to me that as long as he gets his temp EAD at JFK, and then has a valid AOS & EAD application being processed, he's legally allowed to continue working even after his temp EAD expires.

[ChristinaM 0]

It's a somewhat grey area. You are allowed to continue working if you have a renewal EAD in processing. The EAD stamp you get at JFK is authorising you to work under the classification as a K1. The EAD you apply for is under the classification of "Pending AOS". As such, it cannot be considered a renewal EAD and technically, it appears that one should stop working if the stamp expires before the EAD arrives.

What you are suggesting is sensible - get married ASAP and file. Remember that you are entitled to an interim EAD 90 days after USCIS receive your completed application (remember that RFEs don't factor into this time, so it's not a given!). This would minimise lag time between the two different EADs, should it be needed. The drawback is that some DOs don't consider an application "complete" until biometrics have been taken, which can obviously cause a delay.

[ddchucksgirl 0]

Thank you both so much, I've got a better idea of things now

One question I still have - I read somewhere that the temp EAD you can get at JFK is only good until you get married... and I also read it's just plain good for 90 days. Which is correct?

Thanks again for your help... I keep waiting to get to the easy part of this whole thing!

[arwensun1965 0]

One question I still have - I read somewhere that the temp EAD you can get at JFK is only good until you get married... and I also read it's just plain good for 90 days. Which is correct?

Tis good for 90days

[ddchucksgirl 0]

Perfect...

Thanks for all the help!!!