90 day EAD Stamp extension?

[Naijabound 1]

My husband got a 90 day EAD stamp when he went through POE at JFK. It expires 6-22-10. Is there a way to get an extension on that until we get the approval on the AOS? I may be mistaken but I thought I read something about that in the past. Like maybe it was done at a infopass appointment?

[NigeriaorBust 4,087]

The stamp that JFK puts on the visa does not allow a K1 to work. Over a year ago they rewrote the book and made it specific that the stamp does not authorize a K1 holder to work with the stamp. So there is nothing to extend. Asking for an extension would involve telling them you are working illegally. Just apply for the EAD with AOS and you will get the earliest authorization to work you can.

[Naijabound 1]

Wow. Thanks. I did not know that. I wonder why they still give those stamps randomly then. He is not working now but had a good prospect for a job coming up soon.

[Kathryn41 3,205]

Unfortunately, even if he did get work authorization it would expire the same time as the stamp he received at the POE. When someone enters the country on a K-1 visa, all of their immigration benefits are tied into the time limitations allowed by the K-1 visa and set out on the I-94. The K-1 I-94 cannot be extended, therefore none of the additional benefits that were obtained through the K-1 status can be extended either. They all expire when the I-94 does.

When someone files for an AOS and the application is approved, their status changes to AOS applicant, so any benefits that are available are based upon the status of AOS applicant. These benefits (EAD, AP) will last for either one year or until the decision is made on the AOS application - whichever comes first. So, once your husband files for the AOS and the EAD, the processing will start on issuing him an EAD which is generally approved in about 60 days. The EAD is most often - but not always - approved before the AOS is, so once he receives the EAD he is legally allowed to work. Once he receives the green card - whether the EAD has been approved or not - he is legally allowed to work.