Conflicting info on working while waiting for EAD

[Manileña Heart 0]

I have read conflicting accounts on whether one can or cannot work while waiting for an EAD. I'm k-1. Would really appreciate to know which is which. I've seen this post where the poster was definitely allowed by USCIS to get employment while waiting for their EAD. I would really like to help my spouse as soon as I can financially, so it would really help significantly if I can work while waiting for my EAD. Thanks!!!

http://www.visajourney.com/forums/topic/456190-urgent-advice-needed-applied-for-work-while-waiting-for-ead/

[Harpa Timsah 13,258]

You cannot work without EAD. EAD is the permission that you need to work, starting after it is approved, not before.

[Ian H. 207]

Let's hope this post doesn't get insulted. OP: Technically as the fiancé of a USC on a valid K1 visa you can file for the EAD, but it's actually counterproductive to do so because of the amount of time it takes to be issued, plus add to that the cost of the EAD. Also it would only be valid while the K1 itself is valid. The only real way to go is to file for the EAD with your AOS application that way it will basically be free because it will be included in the cost of the AOS fee. You cannot start working until your EAD is in your hands, even if you see that the EAD was already ordered and produced. Right now it's taking about 90 days, maybe less to be issued. You can apply for a SSN in the meantime and any other document you may be eligible for. I think in some states you may be able to get your Drivers License with a K1, so check with your state DMV to make sure. Good luck!

[Boiler 46,156]

Not bad.

If you apply for EAD on the basis of your K1 then most likely by the time you get it it would only have a few days validity left. So money spent for no real benefit.

SSN is the first thing you apply for after entry on a K1, should be able to get it within 10 days.

YMMV

[M and C 32]

You can't work while waiting for an EAD. If you have applied for an EAD along with your AOS, that would save you money because you won't have to pay for applying for the EAD. Once you get your EAD, you can work while waiting for your green card.

[Manileña Heart 0]

Thanks all, but what about this post I read from the link I posted above? "I was in the same boat. I ended up being offered the job even though they knew I was waiting for my EAD and were prepared to wait. Interestingly, I received a call from HR saying after studying their forms, they believed I could start work before my EAD was physically in my hand, something that the USCIS backed up when I phoned them." Oh btw, I am filing my AOS and EAD at the same time.

[NigeriaorBust 4,087]

They are required to physically see your authorization to work. SO if they hire you before you have EAD in hand they are in danger of large fines. They could start pre employment process once it is approved and before it arrives. ( physical or size you for a uniform if needed )

[TBoneTX 46,173]

Also it would only be valid while the K1 itself is valid.

The K-1 is dead upon arrival at POE. The validity of the I-94 is the crucial issue.

Please avoid posting unless your information is entirely correct.

---

Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- OP is beyond the K-1 phase.

[kitthekat 1,317]

Thanks all, but what about this post I read from the link I posted above? "I was in the same boat. I ended up being offered the job even though they knew I was waiting for my EAD and were prepared to wait. Interestingly, I received a call from HR saying after studying their forms, they believed I could start work before my EAD was physically in my hand, something that the USCIS backed up when I phoned them." Oh btw, I am filing my AOS and EAD at the same time.

The USCIS hotline is staffed by employees who are given pretty much zero training on immigration laws and requirements. It's likely the OP talked to a Tier 1 officer who was all too ready to agree to whatever the OP wanted to hear, so that she could hang up and get on with the next incoming call.

What everyone has told you so far about not being able to work until you have the EAD card physically in hand is accurate. Sorry that post got your hopes up.

What you can do is try to expedite your EAD based on a pending job offer - see this post for details: http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/

[Ian H. 207]

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

The validity of the I 94 is based off the K1 status. Here it clearly says K1 can apply for EAD immediately upon admission, but would be valid up until the I 94/K1 status expires, which is why I stated it would be counterproductive to apply for it before AOS.

The K-1 is dead upon arrival at POE. The validity of the I-94 is the crucial issue.

Please avoid posting unless your information is entirely correct.

---

Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- OP is beyond the K-1 phase.

[Manileña Heart 0]

Thanks so much for ALLLL the helpful info kitthekat !!! :)

The USCIS hotline is staffed by employees who are given pretty much zero training on immigration laws and requirements. It's likely the OP talked to a Tier 1 officer who was all too ready to agree to whatever the OP wanted to hear, so that she could hang up and get on with the next incoming call.

What everyone has told you so far about not being able to work until you have the EAD card physically in hand is accurate. Sorry that post got your hopes up.

What you can do is try to expedite your EAD based on a pending job offer - see this post for details: http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/

[kitthekat 1,317]

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

The validity of the I 94 is based off the K1 status. Here it clearly says K1 can apply for EAD immediately upon admission, but would be valid up until the I 94/K1 status expires, which is why I stated it would be counterproductive to apply for it before AOS.

K1 validity - usually 6 months from visa issuance/medical depending on the country the visa was issued. the expiry date becomes meaningless once the K1 visa holder arrives in the USA.

I-94 validity - 90 days from arrival in USA, regardless of the expiry date printed on the K1 visa.

they are two different dates completely and should not be used interchangeably. when you mix up the two terms, you run the risk of confusing the OP. most of us understand what you meant to say, but for new members, they might take what you said at face value instead. i'm not trying to pick on you - just trying to explain why it's important to use the right terminology to avoid confusion.

[Elizabeth+Fred 35]

I have read conflicting accounts on whether one can or cannot work while waiting for an EAD. I'm k-1. Would really appreciate to know which is which. I've seen this post where the poster was definitely allowed by USCIS to get employment while waiting for their EAD. I would really like to help my spouse as soon as I can financially, so it would really help significantly if I can work while waiting for my EAD. Thanks!!!

http://www.visajourney.com/forums/topic/456190-urgent-advice-needed-applied-for-work-while-waiting-for-ead/

The single answer to that is: NO, YOU CANNOT.

Although the K-1 visa lets you in to the country, that was only so you could get married. Once married, you file for AOS, and that filing simply "extends" that status of authorized stay as long as the procedure is pending (until denied or approved.) If denied, authorized stay ends, and spouse has to return to their home country. If approved, greencard will be issued, and THAT is the official authorization to both stay AND work.

Now, that process takes a long-ish time, and so most people also file for EAD (Employment Authorization Document), which is a temporary permission to work. This one takes less time to process, and since filing for it is free IF you file it together with AOS, you might as well. The EAD, once issued, remains valid until the AOS process gets a decision, see above.

So, IF you have filed for EAD: wait for it. You CAN NOT LEGALLY WORK NOW.

If you have NOT filed for EAD (this is just for completeness..): WAIT FOR THE GREEN CARD - YOU CAN NOT LEGALLY WORK NOW.

I don't know of ANY exception to these rules, but maybe one of the mods know more.

An immigrations attorney, when asked about this, commented "Well, you see... you guys just got married. You SHOULD have other stuff on your minds besides working right away... getting acquainted with the country, the people, the new life, eachother.. all that. If you need to work for the money, you MAY have planned this at the wrong time... !"

[Elizabeth+Fred 35]

Let's hope this post doesn't get insulted. OP: Technically as the fiancé of a USC on a valid K1 visa you can file for the EAD, but it's actually counterproductive to do so because of the amount of time it takes to be issued, plus add to that the cost of the EAD. Also it would only be valid while the K1 itself is valid. The only real way to go is to file for the EAD with your AOS application that way it will basically be free because it will be included in the cost of the AOS fee. You cannot start working until your EAD is in your hands, even if you see that the EAD was already ordered and produced. Right now it's taking about 90 days, maybe less to be issued. You can apply for a SSN in the meantime and any other document you may be eligible for. I think in some states you may be able to get your Drivers License with a K1, so check with your state DMV to make sure. Good luck!

Excuse me?

The K-1 is valid ONLY to enter the country so one can get married. After that, one files for AOS, and the authorized stay is extended AS LONG AS AOS IS PENDING. So, has nothing to do with K-1 expiration, or even I-94 expiration.

EAD, when filed together with AOS (and/or AP) usually results in work authorization in between 60 to 90 days, and that authization remains valid as long as AOS is pending- then it either is replaced with the new PR status, or terminated if denied.

So, in my opinion, filing for EAD (and/or AP, depending on the chance of needing to travel to the home country) is ALWAYS a good thing to do when filing for AOS. Since it's free, there IS no 'cost of the EAD'. I've also not seen any indication that requesting EAD would be counterproductive...

Normally, the first thing one does is requesting an SSN, as that takes some time. Then, depending on where you are, drivers license, bank account (usually needs SSN), maybe "shop around" for work opportunities, so that by the time the EAD or GC arrives, you're pretty much ready to go !

[kehills 217]

I have read conflicting accounts on whether one can or cannot work while waiting for an EAD. I'm k-1. Would really appreciate to know which is which. I've seen this post where the poster was definitely allowed by USCIS to get employment while waiting for their EAD. I would really like to help my spouse as soon as I can financially, so it would really help significantly if I can work while waiting for my EAD. Thanks!!!

http://www.visajourney.com/forums/topic/456190-urgent-advice-needed-applied-for-work-while-waiting-for-ead/

I... wouldn't trust that. It could be that the company was willing to be fined if they were caught, it could be that the person didn't have the right information and never came back to update people (shame makes people do weird things, or at least inconsiderate things), or whatever. I also wouldn't want to take the risk of working without legal permission; why do anything to jeopardize your ability to stay in the same country as your spouse?