When Can I start work. Difficult Situation need help??

[Elora & Rob 15]

Hi,

This is my situation. I have recieved my K1 visa and I am due to fly out to the US on December 10th, and get married on December 14th.

I have been offered a job by my current employer in there US office. Start date is April 1st.

I always understood that I would be able to apply for AOS (Including EAD & AP) and I would recieve the EAD card within 90 days and then I would be legally able to work while I wait for my greencard?

But I have been reading that is not actually the case? As the EAS card won't be valid and I will have to wait for the Greencard which can take 4-5 months to come?

Could somebody please clarify this for me?

When will I be legaly able to beign work in the United States?

Robert

[Lornaevo 48]

You can begin working as soon as your have your EAD and SS in hand.

[Elora & Rob 15]

You can begin working as soon as your have your EAD and SS in hand.

According to your timeline it took about 70 days for your EAD card to come. So from that point in time you were legally able to work?

[Penguin_ie 5,997]

You can begin working as soon as your have your EAD and SS in hand.

OP, your timeline should be fine.

[Sunnyland 639]

Like Lornaevo said, you can start working as soon as you have the EAD and Social Security card in hand.

That you can start working on April 1st will depend of when you guys mail all the applications.

The EAD and AP card usually takes 2 - 3 months (from the day USCIS inform you they received your applications for AOS and cashed your check).

Good luck in this AOS journey!

[Elora & Rob 15]

So if I send my AOS along with eveyrthing else as week after getting married (On December 14th) I should be 99% good to start my job in April?

[Bri & Mar 12]

About 2 weeks ago I had a very pleasant 20 minute conversation with Justin at the USCIS call center. I'll talk to ANYONE and I guess he is the same way. Justin told me that when EAD is applied for USCIS is REQUIRED to move on it before it reaches the 90 day mark and, excluding any RFE, approve the application. He also told me that if you do not have action within 75 days to schedule an INFOPASS appointment and USCIS will either print a temporary EAD, which they do not like to do, or put a rush on your application to ensure the 90 day aproval.

I guess what this long explanation is saying is that you should be good to go with your new job and EAD provided you apply for AOS, EAD, and AP soon after your marriage.

Best of luck with your new counrty, marriage, and job!!

[Nich-Nick 3,354]

But I have been reading that is not actually the case? As the EAS card won't be valid and I will have to wait for the Greencard which can take 4-5 months to come?

Could somebody please clarify this for me?

Rob-- you totally did not comprehend my post. It does not say the EAD won't be valid. You will be eligible to work approximately 60-90 days after you file. I already replied in the other thread.

[KazuriSana 324]

EAD means Employment AUTHORIZATION Document. And that's exactly what it is. Anyone who tells you [or anywhere you read that you] can't work after getting your EAD has not the faintest clue of what an EAD is.

There are of course certain jobs that you can't get with an EAD or LPR Card (Green Card) - (including the job which entitles you to a residency at 1600 Pennsylvania Avenue...)

Otherwise, you are good to start working the very second you have your EAD in hand (oh, and that assumes you already have your ssn. otherwise, get your EAD, head to the SSA office and apply for a SSN, and you are good to go!)

Edited October 26, 2012 by BlessedAssurance

[moosemilk 0]

Apply for your SSN 10-15 days after POE they only need to see the passport with entry stamps and visa, it will save time rather than waiting till you get your EAD, it is also a lot easier to conduct normal business with an SSN as nearly everyone wants to see one, i.e banks, doctors etc, not always necessary but will make life easier. I waited about 70 days for my EAD from application so apply as soon as you have everything you need. Once you have EAD you can work, I start myself on Monday.

[Elora & Rob 15]

Can you apply for EAD without a Social Security Card?

[moosemilk 0]

Can you apply for EAD without a Social Security Card?

Yes no need for it for that although they ask for an SSN on the form left blank if you dont have.

I went for SSN about 3 weeks after POE to allow data systems to hold my name and status.

You need EAD and SSN to get your state driving licence, you can take the test while the i94 is valid but would expire when that does then you need SSN to renew

[Elora & Rob 15]

Yes no need for it for that although they ask for an SSN on the form left blank if you dont have.

I went for SSN about 3 weeks after POE to allow data systems to hold my name and status.

You need EAD and SSN to get your state driving licence, you can take the test while the i94 is valid but would expire when that does then you need SSN to renew

thanks. I can drive in Nevada on my UK license and Progressive will insure me for a slightly higher fee.

[moosemilk 0]

thanks. I can drive in Nevada on my UK license and Progressive will insure me for a slightly higher fee.

You can but it can cause issues if you are pulled over after being in state for a period of time, most States seem to set 60 days after residency, and of course once you pull out a UK licence you then have to explain your residency status, something a lot of cops wont know is the K1 AOS procedure. Like you say you can drive on it but if you can get your test done early, the gap between your EAD issue and 90 day i94 expiry should be small so not to big an issue for renewal.

[KazuriSana 324]

You can but it can cause issues if you are pulled over after being in state for a period of time, most States seem to set 60 days after residency, and of course once you pull out a UK licence you then have to explain your residency status, something a lot of cops wont know is the K1 AOS procedure. Like you say you can drive on it but if you can get your test done early, the gap between your EAD issue and 90 day i94 expiry should be small so not to big an issue for renewal.

No, I don't think so. Traffic police and immigration police are two very separate departments in the US. If you have passed the allowed time period to change your UK License to a Nevada License, you will most likely be issued a citation for "Driving without a Valid License"