EAD

[Achromatic 0]

So I'm married, and about to submit my EAD application along with AOS. I never actually applied for the interim one, and nor was my I-94 stamped. However, I was issued an SSN on the basis of a a SocSec memo that stated that "K-1 visa holders are eligible to work on the basis of their visa, though there may or may not be a stamp to this effect".

I've been working.

Now, there's a four month wait at my local processing office (Seattle WA). And this has me a little worried. Technically I can't work because I am (correct me if I'm wrong) "no longer K-1, but I-485 pending"?

My employer might be a little upset at this.

And whilst I realize I could probably work through that period, I'd rather not.

What's my best option for minimizing / eliminating time where I'm not allowed to work pending receipt of EAD?

Or do they really expect that I'll be able to walk away from the job for four months???

[Boiler 45,519]

Legally you could never work and you can not until you have EAD in hand.

Not sure who they is, but not exactly uncommon to hear of undocumented workers.

[Achromatic 0]

Legally you could never work and you can not until you have EAD in hand.

Not sure who they is, but not exactly uncommon to hear of undocumented workers.

This was one of the big points of contention. Many 'unofficial' places state this. Many official places state this, and I guess it'd come down to jurisdiction, but the memorandum the SocSec office states explicitly that a K1 visa holder is authorized to work /regardless/ of whether their I-94 is stamped thusly.

Makes life fun.

Realistically, I know that it'd be highly unlikely that I'd be put in a situation that couldn't be explained as a legitimate misunderstanding, given the above, but nonetheless.

[kim&james 0]

Achromatic

Being employment authorised (EA - K1) and having an employment authorisation document (EAD) are two different animals.

To legally work you should have the EAD. As a K1 after your I-94 expires your employer should be asking for your work authorisation documents. Without that you are an undocumented worker. SoSec and USCIS have different ideas on what/where a K1 is allowed to work, the point being after your I-94 expires you are no longer work authorised and should therefore not be working until you recieve the correct EAD.

[no name 1]

So I'm married, and about to submit my EAD application along with AOS. I never actually applied for the interim one, and nor was my I-94 stamped. However, I was issued an SSN on the basis of a a SocSec memo that stated that "K-1 visa holders are eligible to work on the basis of their visa, though there may or may not be a stamp to this effect".

I've been working.

Now, there's a four month wait at my local processing office (Seattle WA). And this has me a little worried. Technically I can't work because I am (correct me if I'm wrong) "no longer K-1, but I-485 pending"?

My employer might be a little upset at this.

And whilst I realize I could probably work through that period, I'd rather not.

What's my best option for minimizing / eliminating time where I'm not allowed to work pending receipt of EAD?

Or do they really expect that I'll be able to walk away from the job for four months???

Wow. That is some arrogance!

Many of us K1ers never worked after arriving in the US, because we didn't go thru JFK (the only POE that gives the temp EAD stamp) and/or BECAUSE IT'S ILLEGAL without the EAD stamp. Then we wait the months it takes for our AOS/EAD to come thru after marriage. So yes, my hubby hasn't worked for 4+ months. Shocking, yet true.

Geez. Stop working illegally & wait like the rest of us.

[Darkchild80 0]

Geez. Stop working illegally & wait like the rest of us.

This is a very stressful process with many curveballs. Many individuals go through this process without the knowledge of visajourney. I could imagine all of the illegal things I would probably engage in without the knowledge of VJ. It is not fair to judge people and make mean comments. You don't know this person's situation or knowledge base. Imagine what your VJ would be like without VJ! Many aren't fortunate like you to have access to VJ!

[Dr_LHA 3]

Regardless of whether the OP is working illegally or not, the fact is that USCIS doesn't care about it, they legally cannot hold it against him when adjudicating his AOS, so there is no consequence to him of just keeping his job while AOS is pending.

Also the requirement to check if the employee is authorized to work is the employers responsibility, not the employees. So the worst case scenario is that the OP's employer gets prosecuted for employing him. That said the chances of that happening are probably close to that of winning the lottery, as the current government doesn't consider enforcement of employment law when it comes to illegal workers a priority.

[seldi 1]

My husband (I'm still not used to calling him that!) hasn't worked since he came here either. He's busy studying for his driver's license and learning English at the library. Luckily, we're able to do that because we live at my parents house (they're out of the country for most of the year) and don't have to pay for rent and split the utility bill with my sister. I wouldn't recommend working illegally..or doing anything illegal right now.

[Dr_LHA 3]

Now, there's a four month wait at my local processing office (Seattle WA). And this has me a little worried. Technically I can't work because I am (correct me if I'm wrong) "no longer K-1, but I-485 pending"?

BTW - EADs are processed at the National Benefits Center, not at your local office. Your best bet for EAD processing times is to look here:

http://www.visajourney.com/timeline/eadstats.php

Somewhat worrying trend in that graph!

[Achromatic 0]

To those concerned about it, note that the reason I am even posting here is because of the ambiguity (to my perception), and the growing realization that that my understandings would appear to have been wrong.

And re the "4 month" comment? Take it in context. It was said from the perspective of "Okay, so I've been working for 2 1/2 months on the basis of x (where x is admittedly what I am querying, as I believe my initial interpretation was incorrect, now) and according to that I /would/ have been required to leave a job, and wait".

As is exactly what I have read has happened to people who were employment authorized over the initial 90 days, prompting frantic letters from employers requesting expedited processing, etc.

So at least realize I am trying to clarify the legality of what I'm doing, not "HAHA! LOOK AT ME, I DON'T NEED NO STINKING EAD!"

[Emo 0]

To those concerned about it, note that the reason I am even posting here is because of the ambiguity (to my perception), and the growing realization that that my understandings would appear to have been wrong.

And re the "4 month" comment? Take it in context. It was said from the perspective of "Okay, so I've been working for 2 1/2 months on the basis of x (where x is admittedly what I am querying, as I believe my initial interpretation was incorrect, now) and according to that I /would/ have been required to leave a job, and wait".

As is exactly what I have read has happened to people who were employment authorized over the initial 90 days, prompting frantic letters from employers requesting expedited processing, etc.

So at least realize I am trying to clarify the legality of what I'm doing, not "HAHA! LOOK AT ME, I DON'T NEED NO STINKING EAD!"

As dr_Iha said earlier:

"Regardless of whether the OP is working illegally or not, the fact is that USCIS doesn't care about it, they legally cannot hold it against him when adjudicating his AOS, so there is no consequence to him of just keeping his job while AOS is pending.

Also the requirement to check if the employee is authorized to work is the employers responsibility, not the employees. So the worst case scenario is that the OP's employer gets prosecuted for employing him. That said the chances of that happening are probably close to that of winning the lottery, as the current government doesn't consider enforcement of employment law when it comes to illegal workers a priority. "

Everything else is paranoia and ignorance.

Regarding I-765 is waste of money

[Dr_LHA 3]

I wouldn't say EAD is a waste of money, I would have lost my job for 3 months without it.

[Emo 0]

I wouldn't say EAD is a waste of money, I would have lost my job for 3 months without it.

Did the employers asked for it?

[Dr_LHA 3]

I wouldn't say EAD is a waste of money, I would have lost my job for 3 months without it.

Did the employers asked for it?

Oh yes. Well to be exact they told me: "If you don't show us a EAD or Green Card by September 30th, 2006 we will have to terminate your contract."

Note that I work for a University however, and they tend to be a bit more savvy when it comes to employment law and the issues with employing foriegn citizens.

Luckily my EAD turned up in time!

[Achromatic 0]

I had to physically stop my employer applying for a H-1B visa on my behalf - which would have made a mess of my visa application... "Oh, yes, it's a genuine relationship, I'm just covering all my bases!".

Their immigration attorneys had ZERO clue about the K-1 visa (understandable /to a degree/, but still). It was on their advice that I went about things a lot of the way I did, but having remembered how much I had to show them - links to USCIS.gov that directly contradicted what they said, etc, etc, I put very little stock in it.