K1 work authorization without AOS

[paz 11]

Ok, so this morning we went to SS Office in Frederick, MD to change my wife's name. Since we were there we asked about my status, (I am the beneficiary btw) I have a SSN thru my recent J1s. The lady in the SS office told that K1 is work authorized. She also told us that I can work without AOS until I-94 is not valid. We are going to start AOS soon and I was just wondering the lady at SS office is right. My wife says she had no idea what she was talking about. Anyone can help?

[moemac59 192]

Ok, so this morning we went to SS Office in Frederick, MD to change my wife's name. Since we were there we asked about my status, (I am the beneficiary btw) I have a SSN thru my recent J1s. The lady in the SS office told that K1 is work authorized. She also told us that I can work without AOS until I-94 is not valid. We are going to start AOS soon and I was just wondering the lady at SS office is right. My wife says she had no idea what she was talking about. Anyone can help?

I entered the US on a K1 as well. When I went to apply for my SS, the SS agent told me the same thing. I received my SS card 2 weeks later with 'Valid for for work only with DHS Authorization'. I am assuming that this means that the SS card is only valid once you receive your EAD. From other post that I have read regarding this matter, the SS is only valid once you receive the EAD. I think the SS people are very misinformed when it comes to K1 visa's and employment eligibilty.

[paz 11]

Hi, that's what I am thinking. The lady said that K1 is valid for working thru DHS since they are the ones who issued the visa but it's only valid for 90 days after your admission to the US. If by then you don't have the EAD then you are no longer eligible to work.

The thing is I need solid proof about this.

[NigeriaorBust 4,087]

The social security office is not empowered to authorize you to work, only DHS is. Being a governement agency they are VERY rule driven. So in their manual about who can get a social security number they have listed K1 under the "work authorized" heading. So in their minds it is work authorized. In DHS's mind it is not without getting an EAD that take over 3 months now to get and would expire before you get it. ( yes you can get an EAD but you will never work in it and you would have to pay for it ) There used to be a loophole where you cuold use a stamp that was given at some entry points ( most notedly JFK) but a clarification of the rules about 4 years ago closed that loop hole. Some companies might mistakenly let you in but you would be preforming illegal work that would later need to be reported on your applications.

[kzielu 1,149]

Hi, that's what I am thinking. The lady said that K1 is valid for working thru DHS since they are the ones who issued the visa but it's only valid for 90 days after your admission to the US. If by then you don't have the EAD then you are no longer eligible to work.

The thing is I need solid proof about this.

Look up here - http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e8e31921c6898210VgnVCM100000082ca60aRCRD&vgnextchannel=e8e31921c6898210VgnVCM100000082ca60aRCRD

It is that simple - need to have documents listed there regardless of whatever SS office says. Pre-AOS on K-1 you can apply for EAD - and that's why they probably said it - problem is you need to pay for it, and it will be valid till I-94 expires (may not even arrive by then).

[Harsh_77 718]

If you just entered with K1 and did not get work authorization you cannot work than with K1 they only give work authorization until validity of I-94 which is 90 days.

After 90 days are complete without AOS someone who entered on K1 cannot work.

Edited July 27, 2012 by Harsh_77

[Penguin_ie 5,993]

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