Starting a new job while waiting on i765??

[j86schroeder 0]

QUESTION:

My fiancee arrived in November 21st of 2013, but we have already filed for AOS in December after getting our marriage license on December 4th.

We applied for the social security number under her maiden name. She has been offered a job.

The company human resources has confirmed with her they can hire her, but I am afraid that they might not understand the whole situation.

We filed for AOS, employment authorization, and travel authorization in December, so I am assuming that at the end of January or middle of February she will receive her authorization to travel, and authorization to work. She is scheduled to start work on January 27th.

We are still waiting on her green card which might not be until April 2014.

Her social security card says VALID FOR WORK ONLY WITH DHS AUTHORIZATION.

If she can work then why did we have to submit a employment authorization form i765?

HELPPPPPPPP!??

John.

[belinda63 3,038]

On her first day of employment she will have to complete the I-9. She will not have the required documents to do so (unless her EAD arrives by then). If they permit her to work she will be doing so illegally and her and the company both could get in trouble.

[dwheels76 5,468]

QUESTION:

My fiancee arrived in November 21st of 2013, but we have already filed for AOS in December after getting our marriage license on December 4th.

We applied for the social security number under her maiden name. She has been offered a job.

The company human resources has confirmed with her they can hire her, but I am afraid that they might not understand the whole situation.

We filed for AOS, employment authorization, and travel authorization in December, so I am assuming that at the end of January or middle of February she will receive her authorization to travel, and authorization to work. She is scheduled to start work on January 27th.

We are still waiting on her green card which might not be until April 2014.

Her social security card says VALID FOR WORK ONLY WITH DHS AUTHORIZATION.

If she can work then why did we have to submit a employment authorization form i765?

HELPPPPPPPP!??

John.

The I-765 is the DHS Authorization (EAD). So when she shows her SS card they will ask for EAD also. Without it she can not start her job. As th eother poster said when she starts she fiils out that I-9. Lets just hope the EAD comes before the 27th then all will be fine.

[agnesb 47]

She cannot work without EAD thus the notice on SSN. Get her to speak to the company if they are willing to hold the position for up to 90 days and/or see if a company is willing to give her job offer letter then she can contact USCIS and try and expedite EAD.

[yraheem 9]

Hi j86schroeder ,

I would like to follow your progress and learn from your experience. I filed for my fiancee K1 visa in November so I am anticipating her to be in the U.S. by June 2014. I have heard mixed stories about the worthiness of the EAD so I have a moderate understanding of the process.

According to what I have been told the green card (AOS) takes about 6 months, the EAD last about 3 months. If you wife is working, how will she fill the 3 month gap when her status returns back to not being eligible to work?

[belinda63 3,038]

There is a little confusion here. A K-1 entrant can apply for an EAD independent of AOS. This EAD must be paid for ($360 or thereabout), it takes about 2-3 months to receive, and it expires at the same time as the I-94 (usually 90 days after entry). That is why it is advised to not apply for this EAD as it is almost worthless.

The EAD you apply for with the AOS, which is free with the AOS filing, is good for one year and can be renewed if the AOS is delayed.

[j86schroeder 0]

The thing is we told the company, and HR (human resources). They confirmed she is okay to work. That is why I am afraid they dont have something right.... What could we tell them? Ask the Human Resources to check out the i-9 form?

What I am wondering is her k1 visa expires on February 18th, 2014, and we expect her EAD to be arriving early february. So maybe they can legally hire her from now until the 18th of Februrary.

She took the written test and passed. She now has a learner's permit that expires on the 18th of February, and two forms of identity the human resources asked for was the learner's permit and social security number card

There is a little confusion here. A K-1 entrant can apply for an EAD independent of AOS. This EAD must be paid for ($360 or thereabout), it takes about 2-3 months to receive, and it expires at the same time as the I-94 (usually 90 days after entry). That is why it is advised to not apply for this EAD as it is almost worthless.

The EAD you apply for with the AOS, which is free with the AOS filing, is good for one year and can be renewed if the AOS is delayed.

We applied for the the EAD with the AOS filing along with the travel document.

John.

[belinda63 3,038]

Did she look at the social security card or just ask if she had one. It is pretty standard for an employer to say bring a driver's license or ID and your social security card. Look at the I-9 you attached. The social security card will work only if it is not annotated which your wifes is. Probably the HR person is not familiar with this annotation or was having a brain freeze. She IS NOT legal to work until she has an EAD or her green card in her hand.

[j86schroeder 0]

Did she look at the social security card or just ask if she had one. It is pretty standard for an employer to say bring a driver's license or ID and your social security card. Look at the I-9 you attached. The social security card will work only if it is not annotated which your wifes is. Probably the HR person is not familiar with this annotation or was having a brain freeze. She IS NOT legal to work until she has an EAD or her green card in her hand.

I agree with you that is why I was posting this on here, but they actually did look at her social security card.... and Im thinking why they didn't read "VALID ONLY FOR WORK ONLY WITH DHS AUTHORIZATION"

I guess I will have to tell my wife to tell Human Resources to check out the I-9 form and see if she complies with that.

John.