Employment before AOS

[MRStee 19]

I was on the USCIS website reading about the EAD, Is it at all possible to try to get a work permit before you file for AOS? I heard that as long as you have a SS# you can get temporary work for one year. I also know its included in the 1, 010 fee, but if filed seperately it an additional $340

This is what I was reading:

Who is Eligible?

The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.

If you are a U.S. citizen, you do not need an Employment Authorization Document.

If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.

If you are authorized to work for a specific employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport and your Form I-94 (Arrival-Departure Record) proves that you may work in the United States. Please see 8 CFR 274a.12(B), which provides a full list of the categories of people who do not need to apply for an EAD.

How Do I Apply?

You may be eligible to file Form I-765 electronically. Please see our Introduction to E-Filing USCIS Forms for more information. The procedures for forms electronically filed with USCIS are different than described in the following paragraphs. If you are not eligible for electronic filing,you must file an Form I-765 (Application for Employment Authorization) by mail with the USCIS Regional Service Center that serves the area where you live. Please read the entire application carefully and submit the right documents, photos, and fee. Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please see our USCIS Field Offices Homepage for more information on USCIS Service Centers.

[SunDrop 59]

The EAD is the temporary 1 year one. Reason for this is that it takes less time to get the EAD approved than the GC. Once you have received your GC, you no longer require the EAD.

So, to answer your question. You apply for the EAD when you submit your AOS paperwork. Without having initiated AOS, you are not entitled to work in the US as a K1 beneficiary, even if you have got married.

[MRStee 19]

The EAD is the temporary 1 year one. Reason for this is that it takes less time to get the EAD approved than the GC. Once you have received your GC, you no longer require the EAD.

So, to answer your question. You apply for the EAD when you submit your AOS paperwork. Without having initiated AOS, you are not entitled to work in the US as a K1 beneficiary, even if you have got married.

Thank you for the clarification!

[Usui Takumi 1,562]

and the EAD must be in hand before employment.

[MRStee 19]

and the EAD must be in hand before employment.

Thank you!

[Saddle Bronc 124]

Yes, it is possible to get a work-permit (more than one type of temporary/restrictive work-visa exists) before AOS--but that is more of a topic for work-visa fora rather than VJ.

[MRStee 19]

Yes, it is possible to get a work-permit (more than one type of temporary/restrictive work-visa exists) before AOS--but that is more of a topic for work-visa fora rather than VJ.

Do you recommend a site for me

[MRStee 19]

Can a moderator please move this to a more appropriate forum? Thank you!

[Anh map 2,098]

Yes, it is possible to get a work-permit (more than one type of temporary/restrictive work-visa exists) before AOS--but that is more of a topic for work-visa fora rather than VJ.

Do you recommend a site for me

If you are coming on a K visa you can't get another type of visa. The K visa petition shows immigrant intent.

[MRStee 19]

Yes, it is possible to get a work-permit (more than one type of temporary/restrictive work-visa exists) before AOS--but that is more of a topic for work-visa fora rather than VJ.

Do you recommend a site for me

If you are coming on a K visa you can't get another type of visa. The K visa petition shows immigrant intent.

Thank you!

[Saddle Bronc 124]

Yes, it is possible to get a work-permit (more than one type of temporary/restrictive work-visa exists) before AOS--but that is more of a topic for work-visa fora rather than VJ.

Do you recommend a site for me

http://immigration-information.com/forums/index.php

[Kathryn41 3,205]

This is the most appropriate forum for this question

mod hat off:

If you immigrate as a family class member an EAD needs to be based upon a specific immigration status. As a K-1 your immigration status is identified by the I-94 visa that is placed in your passport on arrival. That means you have legal status in the US for 90 days. You can apply for an EAD and pay the fee based upon the I-94 status but it is not a wise thing to do because the EAD takes about 90 days to process and can only be valid for the same length of time as you have legal status - not one year. Since your legal status after a K-1 entry expires 90 days after entry, in all likelihood the EAD would expire shortly after or shortly before you receive it. Basically, this would be a waste of money.

If you apply for an EAD concurrently or after you file an Application to Adjust Status, the EAD will be based upon the AOS application, not the I-94. Your legal status in the US is 'extended' by special permission while you wait for your AOS to be processed. The EAD is therefore issued as valid for 1 year or until you receive a decision on your AOS. If your AOS is denied, your EAD is also cancelled as there is no longer a valid status upon which it can be based. If your AOS is approved, you no longer need the EAD.

Immigrating to the US on a work visa basis is a totally different ball game and generally takes longer and is harder to do for most people - plus it also needs to be started by the US Employer, not by the applicant.

Edited December 4, 2009 by Kathryn41