K-1, applying for EAD before AOS

[plasthandske 3]

Hi all,

This has probably been up before but I haven't been able to find the last piece of information that I am looking for.

I am the holder of a K-1 visa and I have been offered a position at a financial company - I know that I can apply for EAD and that there is a slight chance to have it expedited (depending on the reason and connection as fas as I have seen).

So what happens if I do apply for an EAD now, before our marriage. (hypothetically that I can pull some strings and have it expedited)

Do this EAD become worthless after my 90 days? Is there a form to fill out to update/lengthen that or do I have to apply for a new one. If the case is as stated in the latter part, it becomes worthless and I have to apply for a new one. Then what? I have to go home without a pay until I have my new authorization?

Can someone please clarify this to me.

- I am allowed to apply and get an EAD that expires with my I-94

- You can expedite? Is there a form that you send in/or should someone with more power take action to help directly?

- What happens efter 90 days? Expires? I assume if this is the case, that it does expire - then I cannot work until I have a new one which will arrive after/during the AOS process?

Thanks.

[belinda63 3,038]

Your understanding is correct. Let it be said that it takes 60-90 days normally to obtain the EAD. With an approved expedite you might get it in 30-60 days (have to fingerprint and all that). Is it really worth it?

[plasthandske 3]

Your understanding is correct. Let it be said that it takes 60-90 days normally to obtain the EAD. With an approved expedite you might get it in 30-60 days (have to fingerprint and all that). Is it really worth it?

True.

The net value would be positive, despite the cost for this period. However, that is not really the point here though.

Where would the line between work and not work go? They could hire me, put me on hold until the new one arrives and then I can return to "normal" - hence I could stay away from work - reading through guidelines, presentations and educate myself to be ready for my position. Would all this be considered as work related and hence I would be working illegally?

[belinda63 3,038]

When the initial EAD expires (day your I-94 expires) you would have to leave work. You cannot perform duties even as a "volunteer" since it is normally a paid position. If you were to take literature home or access the website for your own enjoyment and reading pleasure that would not be "work" if you were not being paid. You would receive your new EAD (with an expedite) about 60 days (maybe less) after filing AOS.

[aussie_jason 195]

Why not just get married, file your AOS and expedite that EAD on the basis of financial loss in that you will lose this job opportunity without your EAD? If you're holding off for a fancy wedding ceremony just get married at the courthouse and then have one for show later on,

[Enigma23 68]

Why not just get married, file your AOS and expedite that EAD on the basis of financial loss in that you will lose this job opportunity without your EAD? If you're holding off for a fancy wedding ceremony just get married at the courthouse and then have one for show later on,

Aussie_Jason is giving good advice..and this is a post that outlines what a VJ member did to expedite the EAD and that they got it very quickly... I believe within 2 weeks from Expedite request filed via fax date to EAD in hand.

http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/?p=6503639

You'll need to marry first, file for AOS, receive NOA1 for the AOS Packet and then request expedite...

I don't know if you can actually file an EAD Expedite Request WITH the AOS but hey! It's worth a shot.... keep us posted if you do and let us know the outcome!!

Good Luck!! We're Cheering for you!!!

Edited April 11, 2014 by Enigma23