Those who have a temp 90 day EAD awaiting EAD whilst in AOS

[leroy1999 0]

All

I saw a link which might be of interest on Britishexpats

http://www.usvisanews.com/i9-compliance.shtml

"If an employee is unable to provide a required document within three business days of her or his hiring, the employee may present a receipt for the application for a replacement document within three business days of her or his hiring, but must present the required document within 90 days of her or his hiring. This rule does not apply when an employer reverifies employment authorization for current employees".

Now does this apply to K1 visa holders who got a temp EAD at a POE ? It begs the question - by law can you work whilst awaiting your EAD application !!!

[Yodrak 7]

leroy,

Two observations:

- A K1 who got a K1 EAD stamp on entry cannot apply for an extension of their K1 employment authorization. They must apply for a new and different employment authorization as an applicant for adjustment of status. (See the paragraph at the link you cited that comes before the paragraph you quoted.)

- The last sentence of the paragraph that you quoted says that the rule does not apply to current employees, i.e. it applies only to new hires, as is also indicated by the phrase "within [xxx] days of his or her hiring" used multiple times in the statement of the rule.

Yodrak

All

I saw a link which might be of interest on Britishexpats

http://www.usvisanews.com/i9-compliance.shtml

"If an employee is unable to provide a required document within three business days of her or his hiring, the employee may present a receipt for the application for a replacement document within three business days of her or his hiring, but must present the required document within 90 days of her or his hiring. This rule does not apply when an employer reverifies employment authorization for current employees".

Now does this apply to K1 visa holders who got a temp EAD at a POE ? It begs the question - by law can you work whilst awaiting your EAD application !!!