working and AOS

[sarah and hicham 3]

Hi guys-

I have read the guides on AOS but I have a question. My fiance just got here 2 weeks ago and got a job today so he is working. Can someone explain to me if it is possible to work throughout AOS or does he have to stop? I read that you can file for EAD before AOS but it only lasts for 90 days.

Just hoping someone can explain what will probably happen to him if we file AOS in about a month... and what will happen with his work situation.

Thankssss!

Kisses,

Sarah

[Kez/JWolf 6]

Did he get the Temp EAD at POE? if not he should not be working....

He can apply for EAD for K1 but it is only valid for 90 days from the day he entered and will take about 70 - 90 days to get....

The 1 year EAD you apply for at the same time as AOS and again takes 70 - 90 days to get... Most people dont bother with the temp EAD because they have to stop working when it expires and they are still waiting for the 1 year EAD to be approved..

Hope this helps

Kezzie

[Canuck Carrie 1]

2 recent threads about this (there is a section for EAD just below the one for AOS)

http://www.visajourney.com/forums/index.php?showtopic=26382

http://www.visajourney.com/forums/index.php?showtopic=24525

[sarah and hicham 3]

Did he get the Temp EAD at POE? if not he should not be working....

He can apply for EAD for K1 but it is only valid for 90 days from the day he entered and will take about 70 - 90 days to get....

The 1 year EAD you apply for at the same time as AOS and again takes 70 - 90 days to get... Most people dont bother with the temp EAD because they have to stop working when it expires and they are still waiting for the 1 year EAD to be approved..

Hope this helps

Kezzie

Yes he got EAD at JFK.

Thanks!

So let's say we file for AOS 6 weeks after he has been here....

He has his EAD so he can still work with that until the 90 days are up? Then if he gets his EAD approved through our AOS papers there should not be too big of a gap or does he have to stop working all together no matter what after we file AOS?

Thanks,

Zarah

Edited August 15, 2006 by sarah and hicham

[Karen_L 1]

Hi sarah,

Congrats on your fiance's arrival! Omg, where and how and with whom did Hicham find a job so quickly!?

My fiance's been here a little over 2 weeks too and he also got a temp. EAD at JFK (though no job in sight). Thank you for starting this topic and asking this question; I was procrastinating doing it lol

[sarah and hicham 3]

Wellll honestly it is sheer luck.

I live in a very small non diverse town in California called San Luis Obispo just north of Santa Barbara and Hicham and I went to this English tutoring thing and we met a Moroccan man there! As it turns out his family own the Moroccan restaurant in town so he gave his new friend a call tonight and the man said come in right now and start working! So here I am at home and it doesn't even feel like he is in the US haha. We got really lucky and I'm happy because now he has something to do and can earn some money!

Good luck!!!

Congrats to you too with your fiance here, enjoy!

Sarah

[Kez/JWolf 6]

AS he has the temp EAD he can work up to the date on his I-94... 90 days from entry... he will then have to stop working altogether until he gets his 1 year EAD that you file for with your AOS... it can take between 70 - 90 days from when you receive the NOA1 to actually get the EAD card... so even if you were to file for it today there is still going to be a gap where he wont be Work Authorized....

Good Luck

Kezzie

[sarah and hicham 3]

AS he has the temp EAD he can work up to the date on his I-94... 90 days from entry... he will then have to stop working altogether until he gets his 1 year EAD that you file for with your AOS... it can take between 70 - 90 days from when you receive the NOA1 to actually get the EAD card... so even if you were to file for it today there is still going to be a gap where he wont be Work Authorized....

Good Luck

Kezzie

Gotcha... don't hurt me for asking this but the sooner we file the smaller the gap... is that correct?

[Kez/JWolf 6]

Yes you got it...

Good Luck

Kezzie

[frndly1 1]

Sarah, please dont let this process rush your marriage. I know your fiance wants to work and all but if you need the 90 days to make sure before you go to the next level then take the time. I know the 90 days is not suppose to be a filler but sometimes you need it.

I waited about 6 weeks before I decided to marry because I wanted to make sure my husband could adapt and feel somewhat comfortable. His well being was important to me.

Congrats and good luck thru the rest of this process.

Yes you got it...

Good Luck

Kezzie

[*Robert* 2]

Congrats to Hicham for getting a job, and hope that you can keep that gap as small as possible!

[sarah and hicham 3]

Congrats to Hicham for getting a job, and hope that you can keep that gap as small as possible!

Thank you! I hope so too!

[theresa 0]

Sarah, I read somewhere here that someone from I think Baltimore local office told a VJ member if he already filed AOS/EAD before 90day EAD expires, he can continue to work even though he doesn't have the one year EAD yet. I am not sure how credible this info is, but nothing hurt to double check with your local office, or infopass. Good Luck.

Found the thred.

http://www.visajourney.com/forums/index.php?showtopic=20795

Edited August 18, 2006 by theresa

[theresa 0]

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Oops, Sorry. My niece was touching my computer and I don't know how to delete this post.

Edited August 18, 2006 by theresa

[sarah and hicham 3]

Sarah, I read somewhere here that someone from I think Baltimore local office told a VJ member if he already filed AOS/EAD before 90day EAD expires, he can continue to work even though he doesn't have the one year EAD yet. I am not sure how credible this info is, but nothing hurt to double check with your local office, or infopass. Good Luck.

Found the thred.

http://www.visajourney.com/forums/index.php?showtopic=20795

Thank you that's very helpful!