how to ask for a temporary work authorization

[neko 6]

Hello everyone,

I was looking at K-1 Flowchart and I couldn't really understand the note next to "POE" step.

Here is the quote:

* Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for. If issued, the employment authorization ends on the day the K-1 expires. You will have to file for an EAD when (or after) you file for AOS. If you do not receive your EAD before your K-1 expires you must stop working until it is received.

It says "Depending on which U.S. airport you fly into (NY JFK) some will issue a temporary 90 day work authorization if asked for.", and I am wondering how I could 'ask for' it, when I enter the US with a K-1. Do I need a document form to send to USCIS or give to the officer at the airport? or is it supposed to be applied sometime beforehand?

And I think I will most likely be entering from LAX or SFO and I am thinking if they can issue one to me.

I tried to look up some articles, but couldn't find information I want, so now I am posting this here. Any advice is appreciated:)

Thank you all VJers, always!

neko

[Harpa Timsah 13,258]

Wow, that is outdated information. That stamp is NOT valid for work. It means you can apply for work authorization. However, authorization will take about 3 months to approve, and will expire when the 90 days I-94 expires. In other words, you will pay money for something that at best will be good for a few days.

Recently, there was a clarification on the employment authorization form (I-9) that that stamp is NOT sufficient for work authorization.

Plan to not work until after you marry and apply for AOS and get your work authorization that way. Good luck.

[neko 6]

Hi Harpa,

Thank you! Hehe, I was like "why is it stated so clearly on the flowchart but nobody seems to be doing it?" and your advice totally makes sense to me. I shall wait for the time when I apply for AOS

[katiemanny 64]

The stamp say you can work but who in their right mind would hire you with a stamp that say valid for 90 days on it. Its better to get married immediately and file AOS/EAD/AP so you can cut in the waiting time.

[HeatDeath 430]

When I PoE'd in July 2009, I asked about the stamp. They said they weren't doing them anymore.

In March 2010, they changed the wording on the I-9 form. Prior to that, the wording had implied that the passport stamp was a valid "You are authorized to work" document. They clarified the wording on the form, so now the stamp [if you can even get one] is only a valid work authorization document if your visa names a specific employer, which means it is inapplicable for both fiance visa and spousal visa entrants.

And as someone said above, even if the stamp was valid, it would only be valid until the expiry date on your I-94 - 90 days in most cases. Even if the stamp was valid, and you got a job using it, you would have to stop working at the end of your first 90 days in the US, and you would have to wait until you got your AOS EAD card before you could start working again. Not a lot of employers would put up with that.

Edited March 21, 2011 by HeatDeath

[neko 6]

I see... so it is just a stamp, not a documented paper or anything... and yes, I agree, it will be hard to find an employer that is okay with the temporary authorization

Thank you all so much for your advice!