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nathmc31

Working on K1 Visa

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working on K1 visa  

41 members have voted

  1. 1. Do you think it is legal to work on a K1 visa with a unexpired I-94, without a specific EAD

    • Yes, you dont need specific EAD
      11
    • No, you require a DHS issued EAD
      30


21 posts in this topic

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Filed: Other Country: Canada
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As I have had to travel using I-94s for the last 2 trips before the K-1 visa process was started (and all border crossings by me have come to an end until the K-1 / I-94 day), I know that I could not work with an I-94 still in force. The POE officer on the first crossing with an I-94 told me that I could volunteer, but could not collect a wage for work. To do so would be against the I-94 and break a US law. But, why would I do it, anyway? I was visiting.

Why did I need an I-94 when coming from Canada? Just one of the lucky ones whose travels were being "controlled," as the POE officer put it.

:)

Previous lists moved to "Story" section

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stina&suj,

Here's the basic misunderstanding - work authorization is not EAD.

Employment (work) Authorization is EA. EAD is an Employment Authorization Document - a document that identifies a person as being EA.

A K1 is EA, whether or not they have an EAD to document it. A K1 can work legally, they are authorized to work, they have EA. Their problem is that without the EAD to go with it it's the employer who cannot hire them legally, and the law that the employer would be breaking is a record-keeping law. Just because an employer is breaking a law that requires the employer to keep certain records does not mean that the employee is breaking a law.

Yodrak

.....

..... work authorization (aka EAD). .....

.....

Edited by Yodrak
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Filed: K-1 Visa Country: Australia
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Does anyone else think this poll may violate VJ TOS?

why would this poll violate the VJ TOS????

Calling you an idiot would but asking a question to see what people think is definantly not.

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Filed: Citizen (apr) Country: Morocco
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stina&suj,

Here's the basic misunderstanding - work authorization is not EAD.

Employment (work) Authorization is EA. EAD is an Employment Authorization Document - a document that identifies a person as being EA.

A K1 is EA, whether or not they have an EAD to document it. A K1 can work legally, they are authorized to work, they have EA. Their problem is that without the EAD to go with it it's the employer who cannot hire them legally, and the law that the employer would be breaking is a record-keeping law. Just because an employer is breaking a law that requires the employer to keep certain records does not mean that the employee is breaking a law.

Yodrak

.....

..... work authorization (aka EAD). .....

.....

I wonder how many times you'll have to say this, Yodrak.

Maybe it would be possible to add this to the FAQs...

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