EAD

[TrixieStep 10]

My husband started a new job about a month ago. He entered as a K-1 visa holder and got his EAD/AP in late September. When he filled out the I-9 he selected "Alien Authorized to Work" and provided the necessary EAD document, numbers, etc. His employer is now stating that he selected the wrong category and should select "Lawful Permanent Resident". It's our understanding that since his AOS is still pending and he doesn't have his green card that he does not fall into this category. Can someone please advise? We're hoping to avoid getting into hot water with USCIS and need to inform the HR department. Thanks!

[ChicagoSarah 127]

He is not yet a permanent resident, so I don't believe he could legally select that one. I believe he chose correctly. He can adjust his I-9 when he gets his green card and is indeed a lawful permanent resident.

[aaron2020 11,651]

Hi,

Please inform his employer that your husband has not been granted legal permanent residency. He is in fact, an alien authorized to work.

[TrixieStep 10]

I knew we were right. They're acting like they're employing an undocumented alien illegally. It's a huge international company as well. This can't be the first time they've seen this!