Are point of Entry work permits history?

[skemper19 0]

OK found one of the suporting docs form SS Administration. The link will be available until tomorrow, then anyone else who wants the doc will have to e-mail me for it.

http://packages.colliersawf.com/ssdoc.doc

[vernouil 0]

On this link you can check out a scan of a L1, above you can bearly read WA and a kind of "S". I guess WA stands for Work authorisation.

this is different from a clasical stamp as below

http://www.usc.edu/student-affairs/OIS/Ngraphics/I94.gif

Can anyone confirm:

1/ this stamp exist

2/ you can get it at JFK

3/ any recent experience would be appreciated

Thanks to all, I m flying in next week

That stamp is for a J-1 (exhange) visa. The next line is D/S which means Duration of Status.

The EA stamp is a red, smugy stamp that says "Employment Authorized"

Like this one right?

http://www.osha.gov/pls/epub/wageindex.dow...I9_Handbook.pdf

page 23

so I guess skemper19 had been maybe lucky?

[skemper19 0]

As you will see, a K-1 visa holder will not have an EAD stamp on their I-94, but is authorized to work through the expiration date with that plus the SS#. Guys, trust me, been here, done that. K-1's are good to work without specified INS AUthorization ONLY until the expiration.

[John & Annie 0]

As you will see, a K-1 visa holder will not have an EAD stamp on their I-94, but is authorized to work through the expiration date with that plus the SS#. Guys, trust me, been here, done that. K-1's are good to work without specified INS AUthorization ONLY until the expiration.

Not exactly.

Yes the K1 visa is a "Work Authorized" visa.

Yes the I-9 does state that a Valid I-94 stating "work Authorized" is an ok document to use

As stated before, the I-94 must state "work authorized" to be used as a document for employment. At this time the only POE that i have heard of (please prove me wrong) is JFK.

At other POE's they have a different stamp now.

[John & Annie 0]

that being said:

The employer could decide to accept the paperwork knowing that a K1 is a work authorized visa with the right words on the I-94

[meauxna 15]

As you will see, a K-1 visa holder will not have an EAD stamp on their I-94, but is authorized to work through the expiration date with that plus the SS#. Guys, trust me, been here, done that. K-1's are good to work without specified INS AUthorization ONLY until the expiration.

skemper, you misunderstand the relationship between SSA and USCIS.

The SSA memo covers the K-1 for getting their SS number assigned.

K-1s are Employment Authorized, but generally do not have the required EVIDENCE (called an EAD/Employment Authorization Document).

The employer is required to complete Form I-9, and a non-immigrant I-94 is not sufficient evidence, even with a Social Security card. An I-94 WITH the EA stamp IS a valid EAD.

That your husband's employers chose to hire him without the documentation that they are supposed to use is up to them. Your husband was EA for his first 90 days. He did not have a valid EAD.

[vernouil 0]

that being said:

The employer could decide to accept the paperwork knowing that a K1 is a work authorized visa with the right words on the I-94

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

the EAD stands for the so called EAD which is one year duration. Since K1 (as a J1) doesnt require specific authorisation by its natrure no need (as to work under a J1) to get a specific stamp. The visa need a stamp when it is not originally authorized liek a K2. Probably since the lack of clarity you can get stamped as a K2 OR ANY OTHER visa needing a stamp but according to this

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

I think skemper19 is right.

Not worried. just as to be explained properly to my new firm (2 weeks).... fingers crossed please.

Anyway please be sure I ll keep everyboday posted with tis myth or not.

Vince

[vernouil 0]

As you will see, a K-1 visa holder will not have an EAD stamp on their I-94, but is authorized to work through the expiration date with that plus the SS#. Guys, trust me, been here, done that. K-1's are good to work without specified INS AUthorization ONLY until the expiration.

skemper, you misunderstand the relationship between SSA and USCIS.

The SSA memo covers the K-1 for getting their SS number assigned.

K-1s are Employment Authorized, but generally do not have the required EVIDENCE (called an EAD/Employment Authorization Document).

The employer is required to complete Form I-9, and a non-immigrant I-94 is not sufficient evidence, even with a Social Security card. An I-94 WITH the EA stamp IS a valid EAD.

That your husband's employers chose to hire him without the documentation that they are supposed to use is up to them. Your husband was EA for his first 90 days. He did not have a valid EAD.

not so sure the INS says authorized to work (not elligible)

all of this is pretty tricky though..

[kitkat1 5]

Your husband was EA for his first 90 days. He did not have a valid EAD.

But he didn't get an EAD stamp . . . was he still authorized to work for first 90 days without it (regardless of what the employer said)? UGH we've been over this again and again and I'm confused ALL OVER AGAIN!!!

[meauxna 15]

Your husband was EA for his first 90 days. He did not have a valid EAD.

But he didn't get an EAD stamp . . . was he still authorized to work for first 90 days without it (regardless of what the employer said)? UGH we've been over this again and again and I'm confused ALL OVER AGAIN!!!

Saucer of milk?

The phrase is 'employment authorized incident to status'. IE: as a part of being a K-1, you are employment authorized.

Big Whee, except you can get a SS account going.

To actual become employed, your employer must complete Form I-9, and see certain types of evidence. Even if you are EA 'incident to status', you have NO evidence of it.

If you get 'the stamp', you have evidence that can be used on I-9.

Here's a weak example.

I'm certified to scuba dive; you have to take a class to get certified. I take the class and I'm "certified" (Employment Authorized). When the class is done and the paperwork sent thru, I get a little card saying that I'm a certified diver. If I want to go diving with a shop/resort, or rent an air cylinder from a store or even get my own cylinder filled, I have to show that card (my "EAD"). They can not (read: will not) take my word for it, even if I'm standing there with seaweed in my hair, a trident in one hand and Jacques Cousteau standing behind me.

So, I did the initial class, got my card and went and did lots of diving.

In the normal course of things, I might continue my dive education and get further advanced certifications, netting me a new 'advanced' card. But you have to pay to take those courses, and I was learning from some of the best divers ever, just in an informal setting. I have done all of the qualifying activities to be rated as a Dive Master, but I have not paid for the certification, so I can not present myself as a "Dive Master". I am merely a certified diver. Incident to my status as a diver, I can access dives anywhere, but can not perform the duties of a DM (leading groups, instructing etc) until I have THAT card. I MUST go through the classses to get that card.

?

[kitkat1 5]

Your husband was EA for his first 90 days. He did not have a valid EAD.

But he didn't get an EAD stamp . . . was he still authorized to work for first 90 days without it (regardless of what the employer said)? UGH we've been over this again and again and I'm confused ALL OVER AGAIN!!!

Saucer of milk?

The phrase is 'employment authorized incident to status'. IE: as a part of being a K-1, you are employment authorized.

Big Whee, except you can get a SS account going.

To actual become employed, your employer must complete Form I-9, and see certain types of evidence. Even if you are EA 'incident to status', you have NO evidence of it.

If you get 'the stamp', you have evidence that can be used on I-9.

Here's a weak example.

I'm certified to scuba dive; you have to take a class to get certified. I take the class and I'm "certified" (Employment Authorized). When the class is done and the paperwork sent thru, I get a little card saying that I'm a certified diver. If I want to go diving with a shop/resort, or rent an air cylinder from a store or even get my own cylinder filled, I have to show that card (my "EAD"). They can not (read: will not) take my word for it, even if I'm standing there with seaweed in my hair, a trident in one hand and Jacques Cousteau standing behind me.

So, I did the initial class, got my card and went and did lots of diving.

In the normal course of things, I might continue my dive education and get further advanced certifications, netting me a new 'advanced' card. But you have to pay to take those courses, and I was learning from some of the best divers ever, just in an informal setting. I have done all of the qualifying activities to be rated as a Dive Master, but I have not paid for the certification, so I can not present myself as a "Dive Master". I am merely a certified diver. Incident to my status as a diver, I can access dives anywhere, but can not perform the duties of a DM (leading groups, instructing etc) until I have THAT card. I MUST go through the classses to get that card.

?

Thanks Mo - you have a lovely way of breaking it down! I imagine then that since skemper19's husband did not get "the stamp", the only way was actually able to work is because employer's decided it was ok (or didn't understand, or were willing to take the risk). In the case of my fiance, for example, he will not get a stamp at the POE, therefore unless he finds an employer willing to allow him to work, he HAS to wait for the EAD. Correct? Phew!

[meauxna 15]

Thanks Mo - you have a lovely way of breaking it down! I imagine then that since skemper19's husband did not get "the stamp", the only way was actually able to work is because employer's decided it was ok (or didn't understand, or were willing to take the risk). In the case of my fiance, for example, he will not get a stamp at the POE, therefore unless he finds an employer willing to allow him to work, he HAS to wait for the EAD. Correct? Phew!

Preeeee-ZACKly!

Our gov't put the onus of verifying employment status on employers. Form I-9 is completed and placed in a nice file drawer in the employer's office *ready to be inspected should anyone come to inspect them*.

Mr skemper knows that technically he was authorized to work (tho if he were not, that work would be forgiven for the spouse of a USC) and Mr skemper's employer knows or doesn't know what she is supposed to be doing. The penalties (if the inspection ever came) would be on the employer. You can imagine how much of that going on there is (<koff> I've been an employer for +25 years and never showed an I-9 to anyone other than the employee).

The EAD is for getting HIRED, or to prove EA status after the initial K-1 90 days.

[BlueRain77 0]

So in the long run....you must get some sort of Work authorization stamp from an immigration officer (like at JFK) on your I-94 to prove to the SS office that you are authorized to work, therefore receive your work authorized SS card, and then an employer can Legally hire you. The work authorization stamp & SS # (with work authorization) will be evidence for the I-9 paperwork the Employer must use to show you are eligible (if they are ever asked if the immigrant is legally able to work).

Sorry...I like to summarize these things. lol

{We must remember with a K visa you are not automatically authorized to work, you must get Work Authorization (ie Stamp). Certain other Visas I believe (Cr-1's for example...) are treated differently and can receive work authorization without getting a stamp upon arrival. K1 visas are only temporary visas remember. therefore they may also be used to just get married and return to whereever you came from, so technically there is no need for a person to work..HOWEVER a majority will then apply for their greencards. Saying that you are intending to remain in the US after getting married and the expiration of the K1 Visa,and is proof to show it may be a necessary thing for you to work and therefore receiving a work authorization stamp is important. (excuse the tangent...it's a habit)}

I understand that some HAVE entered the US and not received a work authorization stamp (or maybe were unaware that they did) and were still employed. If they have no proper proof of work authorization from the US, then A) the work is at fault if caught hiring a employee with no proof of work authorization & B ) the SS office would also be at fault for awarding a SS card with "work authorized" on it when there WAS no proof of authorization or C) again the work is at fault for hiring someone with no proof or a proper "Work authorized" SS#....From what I have gathered the SS office does not issue "Work Authorized" SS# lightly and even if having proof (ie a stamp) they will not always grant you as "work authorized". In saying that I highly doubt an SS office would hand out a "work authorized" SS # without proof. And in final, either Skemper's Husband DID have a stamp and did not realize it, or he was just one lucky ####### who slipped through the cracks.

btw Skemper, I am not trying to prove you false, I do believed it all happened as you said, I am just trying to clarify to others that his experience was a lucky thing i suppose because based on all research and evidence, you MUST have a work authorization as a K-1 visa holder to be eligible to work upon entering the US.

I also apoligize if I don't make any sense to people. it seems to be a habit today....I hope someone understands my logic, even if only one...

(meauxna seems to understand...must be Wanda's magic.. lol )

Edited February 6, 2007 by BlueRain77

[kitkat1 5]

Correct that you need a work authorization stamp or temp EAD received at the POE in order to work during the first 90 days. Beyond that, you need an a work authorization document which has to be applied for with the AOS package, otherwise you cannot work beyond 90 days. The only exceptions to either situation would be working for an employer who doesn't care.

You do not need work authorization to get a SS card. As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). The card will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.

A K1 visa is NOT a temporary visa for someone to get married and return to where they came from. Someone who wants to simply marry in the US and return home can do that on a tourist visa or Visa Waiver. A K1 is specifically to bring a foreign foreign for the purpose of marrying AND REMAINING in the US with their then spouse.

Edited February 6, 2007 by kitkat1

[BlueRain77 0]

thank you. I just wanted to clarify to people that you DO need the stamp as some were starting to think you could enter ANY POE and not have to worry about getting the stamp (well, if you want to work legally that is).

lol I should have left out that tangent in the middle, you are correct kitkat. I just keep going and going sometimes...also I believe someone long ago told me techinically the K-1 visa is like a temp as if you do not apply for AOS, you must leave the US. only applying for an AOS makes you eligible to stay further. But you are right that it is not temp as it is assumed that have applied with intending to file AOS and stay in the US permanent. (prob confused with research for UK fiance visas where you have to have a Fiance Visa to get married in the UK regardless if you are staying or not)....lol oh dear here I go again.