Application for Employment Authorisation Confusion!

[stevensane 10]

Hello!

I have got my K-1 Visa and plan am traveling to the US on 30th March. We will be getting married on about 25th April and applying for AOS immediately.

I would like to start working again as soon as possible after entering the US.

I can see that the official guidance says that "After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence." How long from filing the I-765 does it take before I can start working? And what effect will filing the I-765 immediately have on my AOS?

I know it can take around 4 months for AOS, and that is a lot of time to be out of employment. I would like to begin working and be productive again as soon as I can after getting to the US.

Any help or clarification on this would be appreciated!

[belinda63 2,993]

You can apply for EAD (employment authorization document) as soon as you enter the US. You must pay the fee for it (around $380) since it was not filed with the AOS (filing with the AOS is free). The EAD will take about 60-90 days to arrive and will expire the same day as your I-94 expires (90 days after entry). So at best it will be good for only a few weeks, really not long enough to pay for the fee to obtain it.

Filing along with AOS, the EAD is free and takes 60-90 days to receive.

[stevensane 10]

You can apply for EAD (employment authorization document) as soon as you enter the US. You must pay the fee for it (around $380) since it was not filed with the AOS (filing with the AOS is free). The EAD will take about 60-90 days to arrive and will expire the same day as your I-94 expires (90 days after entry). So at best it will be good for only a few weeks, really not long enough to pay for the fee to obtain it.

Filing along with AOS, the EAD is free and takes 60-90 days to receive.

I see. Thank you for your reply. In this case will I get the EAD at the same time as the Green Card?

Is there anything stopping me from beginning to look for jobs before I get the EAD? For example, could I apply for jobs say 40-50 days into the waiting period? Or is this prohibited?

[Harpa Timsah 13,258]

The EAD is a stop-gap measure in case the GC takes a long time. AOS can take a year, and so the EAD will be approved within 90 days. Once you get the GC you don't need the EAD any more. You can apply for jobs before you get your EAD. You can even accept a job. You just can't work. Good luck.

[stevensane 10]

The EAD is a stop-gap measure in case the GC takes a long time. AOS can take a year, and so the EAD will be approved within 90 days. Once you get the GC you don't need the EAD any more. You can apply for jobs before you get your EAD. You can even accept a job. You just can't work. Good luck.

This is a bit off topic, but is there anything in particular that can cause AOS to take a year? What can of things could I do wrong for it to take that long?

Back on topic: if I apply for the EAD at the same time as AOS might I get the EAD before I get my Green Card?

[Harpa Timsah 13,258]

This is a bit off topic, but is there anything in particular that can cause AOS to take a year? What can of things could I do wrong for it to take that long?

Back on topic: if I apply for the EAD at the same time as AOS might I get the EAD before I get my Green Card?

It's not a punishment to take a year, nor does it mean someone did something wrong. AOS from K-1 are sometimes slated to be approved without interview, and if so, they go in a black hole for a while. It's kind of lame, but you will live normally once you get the EAD.

You will most likely get your EAD before the GC. You should also apply for Advance Parole (AP) with the AOS, that will give you stop-gap travel permission.

[TomAndMaryRose 1]

We applied for my wife's EAD soon after arrival, but they did not process the application before the 90 period expired, so the EAD was denied. Total waste of money. I do not recommend that anyone do this.

[Pitaya 2,577]

We applied for my wife's EAD soon after arrival, but they did not process the application before the 90 period expired, so the EAD was denied. Total waste of money. I do not recommend that anyone do this.

Sounds like another good reason to not go for "early" EAD application.

[nobbie 105]

For timescale information, I filed AoS/EAD/AP with an NOA date of 6 Nov. I got my combo card early Jan and now have a letter saying I probably will not have an interview, which suits me anyway, so my GC may be 6 months more so that will be around 10 months.