Temporary EAD is about to expire - quit the job?

[piliva 0]

Hey, guys!

I'm not sure if anybody can answer it, but here"s the question I got:

Upon entering the USA my then fiancee got her EAD stamp valid for 3 months. Soon after the marriage she landed a job and she"s been working since. Meanwhile we filed for Adjustment Of Status and a I-765 form to get an EAcard. Now that temporary stamp is about to expire and we are still waiting for her fingerprints to be taken. Does it mean that she has to quit her job? That seems illogical to me... Is there a procedure for a situation like this? I"d really appreciate if somebody could help me out. Thank you in advance!

[rebeccajo 14]

Yes it does mean she has to quit.

[Gary and Alla 3,694]

Hey, guys!

I'm not sure if anybody can answer it, but here"s the question I got:

Upon entering the USA my then fiancee got her EAD stamp valid for 3 months. Soon after the marriage she landed a job and she"s been working since. Meanwhile we filed for Adjustment Of Status and a I-765 form to get an EAcard. Now that temporary stamp is about to expire and we are still waiting for her fingerprints to be taken. Does it mean that she has to quit her job? That seems illogical to me... Is there a procedure for a situation like this? I"d really appreciate if somebody could help me out. Thank you in advance!

The stamp has not been valid for work for a K-1 since February, she is working illegally now. I imagine her employer still had old I-9 forms.

[Usui Takumi 1,562]

Depends on the job I suppose, but I wouldn't quit if you have the opportunity to go on unpaid leave until the EAD card arrives.

[Jenn and Fuat 2]

Hey, guys!

I'm not sure if anybody can answer it, but here"s the question I got:

Upon entering the USA my then fiancee got her EAD stamp valid for 3 months. Soon after the marriage she landed a job and she"s been working since. Meanwhile we filed for Adjustment Of Status and a I-765 form to get an EAcard. Now that temporary stamp is about to expire and we are still waiting for her fingerprints to be taken. Does it mean that she has to quit her job? That seems illogical to me... Is there a procedure for a situation like this? I"d really appreciate if somebody could help me out. Thank you in advance!

The stamp has not been valid for work for a K-1 since February, she is working illegally now. I imagine her employer still had old I-9 forms.

Gary is correct, and it is not listed on the news I9 form as an acceptable EAD, but one of my past J1 employees came back into the country on a K1 in July. When he went through JFK they gave him the stamp on the I94 and he walked into my office and asked for a job. I didn't think we could let him work, so called a contact at Department of State to see if they could give me any info. They checked into it, and let me know we could let him work. He worked until the 3 months was up and then took a leave of absence. He applied for AOS, and was given his new EAD two weeks ago. I asked him if they were aware he had been working, with the stamp from his I94, and he said they were and it was no problem.

I was skeptical about it, and had worried that we were letting someone work who shouldn't be, but it ended up not being an issue. I was more worried for him, that his AOS would end up being screwed up if he actually was working illegally.. but seems there was no problem. Not having done AOS I have no idea if they ask any questions about working while on the K1 or if it would have been checked into at all. Someone else would have more info about that I am sure.

She should see if her company will let her take a leave of absence until she has the new EAD. For us, it worked out well because there was really only a two week period where he could not work. Whether she is actually working illegally now or not.. she absolutely should not work past that date on the I94.

As for me, I really wish I could get a straight answer about that stamp.. As the HR Director at my company, I want to know..and all signs on the I9 would point to it not being acceptable, but even our Corporate office has checked into it and been told it's acceptable.. so then why isn't it on the new form? Can't tell you..

My logical side says that the people who keep saying it's OK are wrong.. so I've kept copies of all correspondence saying we can accept it as an EAD. I'm going to be at a conference this week, regarding work visas, where someone from DOS and DOH are going to be there, so I am going to ask about it.

[Gary and Alla 3,694]

Hey, guys!

I'm not sure if anybody can answer it, but here"s the question I got:

Upon entering the USA my then fiancee got her EAD stamp valid for 3 months. Soon after the marriage she landed a job and she"s been working since. Meanwhile we filed for Adjustment Of Status and a I-765 form to get an EAcard. Now that temporary stamp is about to expire and we are still waiting for her fingerprints to be taken. Does it mean that she has to quit her job? That seems illogical to me... Is there a procedure for a situation like this? I"d really appreciate if somebody could help me out. Thank you in advance!

The stamp has not been valid for work for a K-1 since February, she is working illegally now. I imagine her employer still had old I-9 forms.

Gary is correct, and it is not listed on the news I9 form as an acceptable EAD, but one of my past J1 employees came back into the country on a K1 in July. When he went through JFK they gave him the stamp on the I94 and he walked into my office and asked for a job. I didn't think we could let him work, so called a contact at Department of State to see if they could give me any info. They checked into it, and let me know we could let him work. He worked until the 3 months was up and then took a leave of absence. He applied for AOS, and was given his new EAD two weeks ago. I asked him if they were aware he had been working, with the stamp from his I94, and he said they were and it was no problem.

I was skeptical about it, and had worried that we were letting someone work who shouldn't be, but it ended up not being an issue. I was more worried for him, that his AOS would end up being screwed up if he actually was working illegally.. but seems there was no problem. Not having done AOS I have no idea if they ask any questions about working while on the K1 or if it would have been checked into at all. Someone else would have more info about that I am sure.

She should see if her company will let her take a leave of absence until she has the new EAD. For us, it worked out well because there was really only a two week period where he could not work. Whether she is actually working illegally now or not.. she absolutely should not work past that date on the I94.

As for me, I really wish I could get a straight answer about that stamp.. As the HR Director at my company, I want to know..and all signs on the I9 would point to it not being acceptable, but even our Corporate office has checked into it and been told it's acceptable.. so then why isn't it on the new form? Can't tell you..

My logical side says that the people who keep saying it's OK are wrong.. so I've kept copies of all correspondence saying we can accept it as an EAD. I'm going to be at a conference this week, regarding work visas, where someone from DOS and DOH are going to be there, so I am going to ask about it.

DOS does not determine work eligibility. It is not an eligible work authorization on the I-9 and a K-1 will NOT clear E-verify. Work eligibility is determined by the Department of Homeland Security (DHS). You called the worng department, and as usual an untrained government employee made up an answer when they did not know the correct one. The correct answer from DOS is "I'm, sorry, we do not determine that and neither does the SS administration, please contact the DHS or use the handy and convenient E-verify system available to all employers" DOS issues work visas, they do not determine who is eligible to work. The K-1 is not a work visa.

As a Human Resources professional you should be using E-verify.

The "new form" was specifically changed to eliminate K-1s working (and some other visa classes). Technically, no, legally, K-1s were never allowed to work, the I-9 form was vague and allowed for much misinterpretation of who was allowed to work. They could not enforce the rules with such vague information. The new form simply clarified an existing situation

[rebeccajo 14]

The new I9 doesn't say the stamped I94 won't suffice as proof of employment authorization.

Because for some classes of aliens it will suffice.

However, the new Handbook for Employers (Publication M-274) specifically lists the categories of aliens who are work authorized incident to status and for whom a stamped I9 will suffice as proof of work authorization. The K1 non-immigrant class is NOT listed in the Handbook.

Edited October 19, 2009 by rebeccajo

[Jenn and Fuat 2]

Hey, guys!

I'm not sure if anybody can answer it, but here"s the question I got:

Upon entering the USA my then fiancee got her EAD stamp valid for 3 months. Soon after the marriage she landed a job and she"s been working since. Meanwhile we filed for Adjustment Of Status and a I-765 form to get an EAcard. Now that temporary stamp is about to expire and we are still waiting for her fingerprints to be taken. Does it mean that she has to quit her job? That seems illogical to me... Is there a procedure for a situation like this? I"d really appreciate if somebody could help me out. Thank you in advance!

The stamp has not been valid for work for a K-1 since February, she is working illegally now. I imagine her employer still had old I-9 forms.

Gary is correct, and it is not listed on the news I9 form as an acceptable EAD, but one of my past J1 employees came back into the country on a K1 in July. When he went through JFK they gave him the stamp on the I94 and he walked into my office and asked for a job. I didn't think we could let him work, so called a contact at Department of State to see if they could give me any info. They checked into it, and let me know we could let him work. He worked until the 3 months was up and then took a leave of absence. He applied for AOS, and was given his new EAD two weeks ago. I asked him if they were aware he had been working, with the stamp from his I94, and he said they were and it was no problem.

I was skeptical about it, and had worried that we were letting someone work who shouldn't be, but it ended up not being an issue. I was more worried for him, that his AOS would end up being screwed up if he actually was working illegally.. but seems there was no problem. Not having done AOS I have no idea if they ask any questions about working while on the K1 or if it would have been checked into at all. Someone else would have more info about that I am sure.

She should see if her company will let her take a leave of absence until she has the new EAD. For us, it worked out well because there was really only a two week period where he could not work. Whether she is actually working illegally now or not.. she absolutely should not work past that date on the I94.

As for me, I really wish I could get a straight answer about that stamp.. As the HR Director at my company, I want to know..and all signs on the I9 would point to it not being acceptable, but even our Corporate office has checked into it and been told it's acceptable.. so then why isn't it on the new form? Can't tell you..

My logical side says that the people who keep saying it's OK are wrong.. so I've kept copies of all correspondence saying we can accept it as an EAD. I'm going to be at a conference this week, regarding work visas, where someone from DOS and DOH are going to be there, so I am going to ask about it.

DOS does not determine work eligibility. It is not an eligible work authorization on the I-9 and a K-1 will NOT clear E-verify. Work eligibility is determined by the Department of Homeland Security (DHS). You called the worng department, and as usual an untrained government employee made up an answer when they did not know the correct one. The correct answer from DOS is "I'm, sorry, we do not determine that and neither does the SS administration, please contact the DHS or use the handy and convenient E-verify system available to all employers" DOS issues work visas, they do not determine who is eligible to work. The K-1 is not a work visa.

As a Human Resources professional you should be using E-verify.

The "new form" was specifically changed to eliminate K-1s working (and some other visa classes). Technically, no, legally, K-1s were never allowed to work, the I-9 form was vague and allowed for much misinterpretation of who was allowed to work. They could not enforce the rules with such vague information. The new form simply clarified an existing situation

I never said the person at DOS was the one who made the decision. I said I called a contact at DOS and she checked into it for me. I asked her to check with anyone she knew at DOH.. she got back with me and said it was acceptable. I do not know who our corporate office checked with by our legal team came back with the same answer.

I do not use E-verify for my international employees, because with this one exception they are all on the J1 program and are all hired directly by me, when I go to their home countries. Their visas are arranged through their home agencies, and the US Sponsor for the Work & Travel visa in conjunction with their consulates. There is no need for me to use this system with these employees. For the K1 person, I picked up the phone and called someone who could call some one who would hopefully give me the right answer. But, as I said, I was still iffy on it.. so kept all the documentation to cover our butts if it became a problem later.

[Gary and Alla 3,694]

Hey, guys!

I'm not sure if anybody can answer it, but here"s the question I got:

Upon entering the USA my then fiancee got her EAD stamp valid for 3 months. Soon after the marriage she landed a job and she"s been working since. Meanwhile we filed for Adjustment Of Status and a I-765 form to get an EAcard. Now that temporary stamp is about to expire and we are still waiting for her fingerprints to be taken. Does it mean that she has to quit her job? That seems illogical to me... Is there a procedure for a situation like this? I"d really appreciate if somebody could help me out. Thank you in advance!

The stamp has not been valid for work for a K-1 since February, she is working illegally now. I imagine her employer still had old I-9 forms.

Gary is correct, and it is not listed on the news I9 form as an acceptable EAD, but one of my past J1 employees came back into the country on a K1 in July. When he went through JFK they gave him the stamp on the I94 and he walked into my office and asked for a job. I didn't think we could let him work, so called a contact at Department of State to see if they could give me any info. They checked into it, and let me know we could let him work. He worked until the 3 months was up and then took a leave of absence. He applied for AOS, and was given his new EAD two weeks ago. I asked him if they were aware he had been working, with the stamp from his I94, and he said they were and it was no problem.

I was skeptical about it, and had worried that we were letting someone work who shouldn't be, but it ended up not being an issue. I was more worried for him, that his AOS would end up being screwed up if he actually was working illegally.. but seems there was no problem. Not having done AOS I have no idea if they ask any questions about working while on the K1 or if it would have been checked into at all. Someone else would have more info about that I am sure.

She should see if her company will let her take a leave of absence until she has the new EAD. For us, it worked out well because there was really only a two week period where he could not work. Whether she is actually working illegally now or not.. she absolutely should not work past that date on the I94.

As for me, I really wish I could get a straight answer about that stamp.. As the HR Director at my company, I want to know..and all signs on the I9 would point to it not being acceptable, but even our Corporate office has checked into it and been told it's acceptable.. so then why isn't it on the new form? Can't tell you..

My logical side says that the people who keep saying it's OK are wrong.. so I've kept copies of all correspondence saying we can accept it as an EAD. I'm going to be at a conference this week, regarding work visas, where someone from DOS and DOH are going to be there, so I am going to ask about it.

DOS does not determine work eligibility. It is not an eligible work authorization on the I-9 and a K-1 will NOT clear E-verify. Work eligibility is determined by the Department of Homeland Security (DHS). You called the worng department, and as usual an untrained government employee made up an answer when they did not know the correct one. The correct answer from DOS is "I'm, sorry, we do not determine that and neither does the SS administration, please contact the DHS or use the handy and convenient E-verify system available to all employers" DOS issues work visas, they do not determine who is eligible to work. The K-1 is not a work visa.

As a Human Resources professional you should be using E-verify.

The "new form" was specifically changed to eliminate K-1s working (and some other visa classes). Technically, no, legally, K-1s were never allowed to work, the I-9 form was vague and allowed for much misinterpretation of who was allowed to work. They could not enforce the rules with such vague information. The new form simply clarified an existing situation

I never said the person at DOS was the one who made the decision. I said I called a contact at DOS and she checked into it for me. I asked her to check with anyone she knew at DOH.. she got back with me and said it was acceptable. I do not know who our corporate office checked with by our legal team came back with the same answer.

I do not use E-verify for my international employees, because with this one exception they are all on the J1 program and are all hired directly by me, when I go to their home countries. Their visas are arranged through their home agencies, and the US Sponsor for the Work & Travel visa in conjunction with their consulates. There is no need for me to use this system with these employees. For the K1 person, I picked up the phone and called someone who could call some one who would hopefully give me the right answer. But, as I said, I was still iffy on it.. so kept all the documentation to cover our butts if it became a problem later.

I am interested to hear what they say at this seminar, please let us know. Also I suggest you read the pinned topic at the top of this forum regarding K-1s and EADs

[piliva 0]

Thank you, guys!

I called NCSC and was told that she has to either quit or take a LOA