Working while EAD in process

[lou_7979 0]

Hi everyone. My fiancee received her temporary 90-day work permit at JFK airport, and she plans to work soon. After we get married in a month, we are going to put in her papers for the green card and EAD. My question is this- If she begins to work now, with her temp. 90 day work permit, can she still work after those 90 days are up, even before she receives her official EAD? I'm assuming she isn't going to get her EAD before those 90 days are up, so does she have to stop working, or can she continue working after 90 days even if she already applied for her EAD? Please let me know, thanks.

[Kez/JWolf 6]

Her employment authorization ends after 90 days.... so no she will not be authorized to work after that time until she gets her 1 years EAD....

Kez

[lou_7979 0]

Her employment authorization ends after 90 days.... so no she will not be authorized to work after that time until she gets her 1 years EAD....

Kez

But I heard from someone that she can still work after the 90 days, as long as she has the receipt that she applied for her EAD. Is that true, has anyone else also heard of this?

[Kez/JWolf 6]

No true..... once her temp EAD expires she is not authorised to work.... the application for EAD that is filed with AOS is not for a renewal it is for a totaly new EAD not linked in anyway to the temp 90 day one given at POE....

Kez

[Beisbol101 0]

No true..... once her temp EAD expires she is not authorised to work.... the application for EAD that is filed with AOS is not for a renewal it is for a totaly new EAD not linked in anyway to the temp 90 day one given at POE....

Kez

I am SOOOOOOO confused by this. According to this: https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument A K-1 has the right to work WITHOUT an EAD? So what is the real deal????? Why would the rule say that a K-1 has the right to work without an EAD, but force you to apply for EAD anyway?????

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of admission.

1. Aliens Work Authorized Without Specific INS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

For those with an asterisk, the principal alien, spouse, and child all have the same visa symbol.

Class of Admission

Description

K-1

Fiance(e) of U.S. citizen

[Kez/JWolf 6]

The problem arises because SSA do not require a K1 to have a EAD to be able to work.... but the I-9 that employers have to complete requires evidence of Employment authorization (EAD) this can be a EAD card or a temp stamp on the I-94.... without that evidence the employer can not comply with the I-9... it used to be that a K1 could get a temp card at their local office if they did not get the stamp at POE... local offices no longer issue EAD to anyone and JFK is the only POE that seams to issue the temp stamp... so you do not have the evidence to show your employer that you are authorized to work....

Hope this helps

Kez

[Girona40 0]

It is confusing, but I think because they list the K-1 as a "fiance" of a USC, that once you are married to your USC you are no longer a "fiance". As you have to marry within the 90 days then you are not authorised to work after that 90 days - so those that have stamps in their passports, which they get at JFK, are no different to any other "fiance" in that they are allowed to work, but only for 90 days.

However, once they are married and no longer a "fiance", they are in a "pending adjustment of status" situation and they are required to have INS employment authorization i.e. and EAD.

An I-9 has to be completed by any employer and you will see the requirements they have to meet in this document employer bulletin

Hope this helps - and yes, it is a pain in the a** to have to renew the EAD every time the old one expires. We have been doing it for 4 years now and every time there is a problem!

Good luck!

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of admission.

1. Aliens Work Authorized Without Specific INS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

For those with an asterisk, the principal alien, spouse, and child all have the same visa symbol.

Class of Admission

Description

K-1

Fiance(e) of U.S. citizen

[Muuuuah 0]

You definately cannot work when the temp ead has expired...i had to give up work when mine ran out, and i had to wait for my new one...i waited for 84 days w after filing to get my new one...some people have waited a lot longer. It is a pain to have to give up work when it runs out but thats the way it is.