employment & ead

[Carms07 0]

Okay I'm officialy freaking out! So when I was doing all my studying up on AOS, EAD, AP etc....I clearly got that K-1 visa holders do not need EAD to work when they arrive in the US. So my husband got his SS, and DL and found a job that he could do in his sleep. Anyway now I'm getting the impression that it is not so. That he has to wait for an EAD and that he could only work until his I-94 expires. I could be absolutely wrong about the whole thing, but I dont want our AOS to get impacted by this, please some one give me some good news about this and tell me it isn't so.

[raymaga 25]

With a K-1 Visa, you are only work authorized if you received a temporary EAD stamp in your passport at the POE. This temporary work authorization is only valid for the time the I-94 is valid.

In order to work without the temporary EAD stamp, you must first obtain approval of the EAD (Form I-765) which you can apply for at the same time as AOS.

[Kez/JWolf 6]

A K1 enters the USA via JFK POE and gets a EAD stamp in the passport = they are authorised to work for the first 90 days then they should stop working until they have the 1 year EAD that they will have filed for along with AOS....

A K1 enters the USA and does not get EAD stamp = they do not have any evidence of EA to show an employer and can not work until they recieve their 1 year EAD file along with their AOS...

On a side note unauthorized work can be forgiven at AOS interview if you are married to a USC..

Hope this helps

Kez

Edited January 24, 2007 by Niagaenola

[Carms07 0]

On a side note unauthorized work can be forgiven at AOS interview if you are married to a USC..

Hope this helps

Kez

I swear I heard somewhere, even from like a uscia website, that is was perfectly okay...but man, was I wrong, anyway I really hope that it's true, so Im gonna call USCIS and find out for sure......gosh this is terrible. I even went as fas as to argue with someone that I was absolutetly sure a k-1 could work without EAD. Thanx.

[Carms07 0]

see I knew I had seen it before, I'm not real good at sending links but here it is, and it came from VJ so pay attention to section C

Shortcut to: https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument

[Kez/JWolf 6]

Yes a K1 visa is employment authorized but to comply with the requirements of the form I-9 you must have evidence of your EA.... that can be a EAD or a EA stamp in your passport... if you do not have the required evidence then your employer can get into big trouble... the SSA rules and USCIS rules are diffrent... as I said before unauthorized work if normaly forgiven at AOS interview...

Kez

[raymaga 25]

Yes a K1 visa is employment authorized but to comply with the requirements of the form I-9 you must have evidence of your EA.... that can be a EAD or a EA stamp in your passport... if you do not have the required evidence then your employer can get into big trouble... the SSA rules and USCIS rules are diffrent... as I said before unauthorized work if normaly forgiven at AOS interview...

Kez

Kez:

I was not aware of this fact. If this is so, then why does anybody worry about working before they get their EAD approved, or even one step further, why does anybody even bother applying for EAD?

Just curious.

Rayma

[Kez/JWolf 6]

I agree but if USCIS are looking for a reason or there is other things they are not happy with then they could hold it against you.... It does say "is usually forgiven" I guess that means they might not forgive...

Kez