EAD

[just phobulous 2]

Is it very common anymore for the newly arrived immigrant to receive an EAD at the POE. The company that I am working for has offered my wife a position there. Her cousin works there too and my wife has come to know some of the other Vietnamese people that work there also. The work is very easy and the atmosphere there is very good. I have told her not to worry about working immediately after arriving here. But, she loves to work and does not want to be stuck at the house all day waiting for me or my daughter to come home. I do not blame her for not wanting to be alone at home for most of the day. I too would be bored to tears after a couple of days. Is there a way that she can work with out an EAD ?

Happy Holidays to everyone !!!!!!!!

[Inky 1,110]

No K-1 is NOT authorized to work untill you get your EAD or green card from filing for AOS.

Even if POE stamps the passport with something or says you can work you CANT. If you do, you will have big issues.

[JimVaPhuong 4,863]

Is it very common anymore for the newly arrived immigrant to receive an EAD at the POE. The company that I am working for has offered my wife a position there. Her cousin works there too and my wife has come to know some of the other Vietnamese people that work there also. The work is very easy and the atmosphere there is very good. I have told her not to worry about working immediately after arriving here. But, she loves to work and does not want to be stuck at the house all day waiting for me or my daughter to come home. I do not blame her for not wanting to be alone at home for most of the day. I too would be bored to tears after a couple of days. Is there a way that she can work with out an EAD ?

Happy Holidays to everyone !!!!!!!!

Unfortunately, no. I think CBP officers at JFK used to issue EAD stamps at the airport, but I'm pretty sure even they've stopped doing it.

A K1 is technically eligible to apply for an EAD before they apply for a green card, but the application has to be submitted before the I-94 expires, and the resultant EAD would expire when the I-94 expires. Given the amount of time it takes to get an EAD, it's not highly likely you would receive it before it expired. After that, she wouldn't be eligible for an EAD again until she filed a green card application.

The only thing I can suggest is to file the AOS as soon as possible. She's going to have a few months minimum before she'll be able to work. You should talk with her now about possible things she can do during that time.

[ScottThuy 140]

as Jim said.. plan now for months of potential cabin fever and things to do to avoid it... a house can feel like a prison cell to someone who misses thier home and family..

english classes at the local college or school district can be one things to keep her occupied in the interim..

[just phobulous 2]

WOW !!! She is going to have a liter of kittens when she finds out that she cant go to work immediately. She has been soo excited about going to work at her first job in the US. Well, I guess I will try to talk her into some classes at the comm. college here in Vancouver. I think between that and visiting her relatives here in town, she should be ok. They also just built a new 24 hour fitness only blocks away from our house, I know that she would really enjoy swimming and working out there.

Edited December 28, 2010 by just phobulous

[JimVaPhuong 4,863]

WOW !!! She is going to have a liter of kittens when she finds out that she cant go to work immediately. She has been soo excited about going to work at her first job in the US. Well, I guess I will try to talk her into some classes at the comm. college here in Vancouver. I think between that and visiting her relatives here in town, she should be ok. They also just built a new 24 hour fitness only blocks away from our house, I know that she would really enjoy swimming and working out there.

Hmmm. Well, you better check the rules at your local community college. Many require proof of lawful presence before they'll allow someone to enroll. Some will accept an I-94, as long as it's still valid, but your fiancee's I-94 is going to expire 90 days after she arrives. They may also require her to pay out-of-state/foreign student tuition, which can be a lot more than state resident's tuition. Where I live in California, they need proof of lawful presence to enroll, and they must be legal residents for one year before they get in-state tuition. The school's enrollment counselor told me this means one year AFTER they get their green cards, which will be next August.

Maybe you could see if she could go to work for on-the-job training, so to speak. As long as she's not getting paid, it would be legal.

[luckytxn 2,264]

Hmmm. Well, you better check the rules at your local community college. Many require proof of lawful presence before they'll allow someone to enroll. Some will accept an I-94, as long as it's still valid, but your fiancee's I-94 is going to expire 90 days after she arrives. They may also require her to pay out-of-state/foreign student tuition, which can be a lot more than state resident's tuition. Where I live in California, they need proof of lawful presence to enroll, and they must be legal residents for one year before they get in-state tuition. The school's enrollment counselor told me this means one year AFTER they get their green cards, which will be next August.

Maybe you could see if she could go to work for on-the-job training, so to speak. As long as she's not getting paid, it would be legal.

Some states may vary as my wife was allowed to start school during her AOS process. The driving license thing had to wait but was a fun time for all.