Conflicting info on working while waiting for EAD

[Ian H. 207]

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

Please read the part under "permission to work" in this link. The OP asked if it was possible to work while waiting for EAD, you can't until you have the document in your hand. However, I mentioned to the OP that it was possible to apply for EAD immediately after admission, but it would only be valid for the duration of the I 94, 90 days. Also add to that the fact that if you apply for it before you do the AOS, you would have to pay for it and that it would take up to 90 days to be issued, that is what makes it counterproductive. As I informed the OP, it is better to wait to do it when you file for AOS.

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 !

[kitthekat 1,317]

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

Please read the part under "permission to work" in this link. The OP asked if it was possible to work while waiting for EAD, you can't until you have the document in your hand. However, I mentioned to the OP that it was possible to apply for EAD immediately after admission, but it would only be valid for the duration of the I 94, 90 days. Also add to that the fact that if you apply for it before you do the AOS, you would have to pay for it and that it would take up to 90 days to be issued, that is what makes it counterproductive. As I informed the OP, it is better to wait to do it when you file for AOS.

yeah, but then i have to wonder, why bring up something that you, yourself, claim is counterproductive? it just brings unnecessary confusion into the thread. OP is looking for answers, not a debate on immigration regulations that exist only in theory.

[Ian H. 207]

The OP wanted to know if he could work while waiting for EAD. Therefore I only mentioned that he could apply for EAD first, as a possibility if he needs to work before submitting the AOS. In a best case scenario the EAD COULD be issued in as little as 45 days, giving him a month and a half of being able to work. Since it is a possible route for the OP, there is nothing wrong with me explaining that to him in order to answer his question. I explained to him the benefit of one over the other. Should he still have questions, any one of us here could clarify.

yeah, but then i have to wonder, why bring up something that you, yourself, claim is counterproductive? it just brings unnecessary confusion into the thread. OP is looking for answers, not a debate on immigration regulations that exist only in theory.

And it's not based on theory, it is based on fact. Just because other people with K1's don't do it, doesn't mean it's not possible especially if the info is coming directly from USCIS.

[Pinkrlion 2,724]

There have been people who had job offers that have already applied for the AOS and EAD, they then filed for expedite and provided a letter from the employer and then received EAD quickly.

I think in your case, if you have not filed yet for AOS or EAD which hence is the response that the company will be fined, and you cannot work until EAD approved.

You need to file for the AOS/EAD now.

[Cori and Rob 55]

The OP wanted to know if he could work while waiting for EAD. Therefore I only mentioned that he could apply for EAD first, as a possibility if he needs to work before submitting the AOS. In a best case scenario the EAD COULD be issued in as little as 45 days, giving him a month and a half of being able to work. Since it is a possible route for the OP, there is nothing wrong with me explaining that to him in order to answer his question. I explained to him the benefit of one over the other. Should he still have questions, any one of us here could clarify.

And it's not based on theory, it is based on fact. Just because other people with K1's don't do it, doesn't mean it's not possible especially if the info is coming directly from USCIS.

Sir, this is a website that provides immigration advice. The idea here is to give posters advice on the best and easiest way to legally get from point A to point B. While it is true that there other ways you could do things, it is not helpful to propose/bring up ideas that would not even make sense. It's sorta like taking a detour to C on that trip from point A to point B. The best way to get your EAD is through applying for AOS. Most people who have gone through the K-1 process on VJ did it this way, and it's silly to even bring up other suggestions, as it confuses posters who are legitimately asking for advice. As someone who has gone through an immigration process yourself, I'm sure you can appreciate how difficult and confusing the process was, and how conflicting advice from others only might have confused you.

OP, the EAD process with the AOS application goes pretty quickly- about 90 days. My husband's EAD only took 60 some days, so there is hope that it could even be faster than 90 days. Don't listen to any place of employment that suggests you can work without EAD- you cannot. Good luck!

[kitthekat 1,317]

And it's not based on theory, it is based on fact. Just because other people with K1's don't do it, doesn't mean it's not possible especially if the info is coming directly from USCIS.

Since it is a possible route for the OP, there is nothing wrong with me explaining that to him in order to answer his question.

i think you are mixing up two different concepts here. 'theory' and 'fact' are not mutually exclusive. just because it is a fact that in theory you can file for an EAD before filing AOS, it does not mean that in practice, it is wise to do so (nor is it helpful to advise others that it is a practical or possible route).

[dwheels76 5,469]

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.

Just because a work place is wiling to risk violations to have you start without a valid EAD and some bonehead at USCIS that doesn't know what they are talking about says its okay doesn't mean its okay.

Why would we need to apply for a EAD if all we need is a maybe and a attempt to get one. EAD's get rejected and denied you know. That's why we wait. Don't be confused. You need EAD in hand to work. Period.

[Dave&Roza 748]

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/

Eligibility to work and authorization to work are two different things. It boils down to the I-9 form that employers are to complete when they hire you (take a look at page 9 and the list of acceptable documents). As long as you can show, hand, produce (which means you have it in your possession), one on the List A documents or one of the List B and one of the List C documents, they can complete the form and LEGALLY hire you. If their HR department wants to hire you and not complete the form until later, realize that THEY are not complying with the law and YOU are working ILLEGALLY (unless you actually do have proper documentation). This may come back to bite you in the "third point of contact" at some point.

Choose wisely,

Dave

[Jo Së 200]

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!

It has been obviously pointed out on numerous posts that you have offered misleading and confusing information and it will keep happening as long as you do so. I understand that it is a public forum and anyone can give their own opinion, however, most here want straight answers and facts. Seems to me like all you do is wait for news posts and try to be the first to offer advice based on anything you read but have no experience on at all. Leave it to the experts, you keep loosing cool points.

[Pitaya 2,577]

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.

Si, man.

[bubblebubble 16]

I don't know anything about the K1 EAD, approved but not mailed to you yet kinda situation. BUT, I had previously applied 2 EADs for my OPT. And when the first 1-year one was about to expire, I applied for the second 17-month extension and I did not have to have the card on hand to work, like my first one expired but the second one was still in process, I was able to work. So, there is no absolute answer of whether if you can or can not work when your EAD is approved but before you receive it. So, a good way to make sure is to CALL USCIS and record the call .

Edited July 25, 2014 by bubblebubble

[Ian H. 207]

If others have already pointed out that my information is "misleading", it is unnecessary for you to come and add to the same stuff, especially when it has nothing to do with the OPs post. If you're not going to bother answering the OP, then stop adding to something that has already been established.

It has been obviously pointed out on numerous posts that you have offered misleading and confusing information and it will keep happening as long as you do so. I understand that it is a public forum and anyone can give their own opinion, however, most here want straight answers and facts. Seems to me like all you do is wait for news posts and try to be the first to offer advice based on anything you read but have no experience on at all. Leave it to the experts, you keep loosing cool points.

[Boiler 46,156]

If others have already pointed out that my information is "misleading", it is unnecessary for you to come and add to the same stuff, especially when it has nothing to do with the OPs post. If you're not going to bother answering the OP, then stop adding to something that has already been established.

I think that there is little doubt that the point has already been established.

[Teddy B 17,252]

If others have already pointed out that my information is "misleading", it is unnecessary for you to come and add to the same stuff, especially when it has nothing to do with the OPs post. If you're not going to bother answering the OP, then stop adding to something that has already been established.

I think you've got potential to be an asset here. You appear to have a bit of immigration knowledge and you're eager to help. just reel it in a bit and learn from the highly knowledgeable folks here. Ease yourself into it rather than jumping in with both feet.

[Dave&Roza 748]

I don't know anything about the K1 EAD, approved but not mailed to you yet kinda situation. BUT, I had previously applied 2 EADs for my OPT. And when the first 1-year one was about to expire, I applied for the second 17-month extension and I did not have to have the card on hand to work, like my first one expired but the second one was still in process, I was able to work. So, there is no absolute answer of whether if you can or can not work when your EAD is approved but before you receive it. So, a good way to make sure is to CALL USCIS and record the call .

The difference is you have a document listed on the I-9 form to show an employer. Assuming you did not change jobs while the I-9 was expired and you are waiting for the extension to be approved, the employer has met their obligations when you showed the EAD when you applied. Now if you had an HR person who was on top of their job, they would have asked to see the new EAD when the old one expired. Since you did not have it, they would have to see the application notice of acceptance, NOA1, and decide if you were still eligible to work or not. The OP does not have a document to show for the I-9, so the employer should not hire him until he can show the actual document.

OP: Do not waste your time calling the mis-information line. If you want the opinion of the USCIS, make an INFOpass appointment. Your chances of getting a correct answer goes up some. I would have a read of 8 CFR 27a2 as this is the LAW on this subject. You have 90 days from the date of hire to produce the required documents, so you do not need to have them when you accept the job (so I was incorrect in that matter), but you do need to have them 90 days after starting work. Unfortunately the USCIS' time-table is such an unknown that it is hard to know when you will receive the EAD or GC.

Good luck,

Dave