Wife found a job but can't be hired

[Unlockable 7,315]

From the image above is EXACTLY what her SS says. We filed for green card 2 days ago, but at present time she has job offer . That is all we have filed for.

Then you need to file for EAD and AP as soon as possible. The AP (advance parole) allows her to travel outside the US and return to the US. Currently it is taking 60 - 90 days to get the EAD/AP combo card.

For what it is worth I think the way the wording is printed on the SS card sucks. It can be very confusing.

[Ash.1101 1,756]

So how do I get an EAD? What form do I need?how long does it take to receive?

EAD is something you would have applied for ALONG with AOS. AOS packet usually consists of I-485 (Application to adjust status), I-765 (EAD), and I-131 (Advance Parole).

I'd get rid of your lawyer if he didn't apply for your wife's EAD and AP when he filed for her AOS.

If he DIDN'T file for EAD or AP for her, you still can when you get the NOA1 I-797 for the I-485 application. Send a copy of the NOA1 for the I-485 AND the EAD application.

EAD on average takes about 90 days to process, but it's a hit or miss as it could take longer or be shorter for no reason.

[marianath 27]

So how do I get an EAD? What form do I need?how long does it take to receive?

First of all you need to straighten things out from your lawyer.

Find out what was filed and get copies of everything.

Read these steps so you can be familiarized with the steps and what is needed.

http://www.visajourney.com/content/k1k3aos

Visa journey is very helpful but you have to do your own work and READ.

In conjunction, read the post above me....

Edited July 7, 2016 by marianath

[sparclight 9]

You need to file work authorization permit in conjunction with your AOS ...then she can work...takes about 60 days

I was under the impression from my immigration lawyer she is able to work in the US as she has applied for a SSN and is authorized to work. You are able to work with a K1 visa.

[Pennycat 880]

So how do I get an EAD? What form do I need?how long does it take to receive?

It is possible that the lawyer filed for it for you. I would certainly hope so, otherwise I'd be expecting some of my money back from that lawyer.

When you file for a green card, you can (and should) also file for a temporary work authorization and travel permission. There are no fees to file IF you file for them at the same time as the green card.

Quick background: even though "green card" is commonly used as shorthand for "able to work" that is not actually what it means--it means more. A green card is permanent residency. A perk of permanent residency (the major perk, really) is the ability to work. But is is very possible to have a work authorization without a green card (think au pairs, kids on a work and travel program, temporary guest workers, H1B tech workers etc). Giving a temporary work authorization is MUCH faster than giving residency-- you want to do much more extensive checks on the person you're going to allow to live in this country indefinitely than you need to for giving them permission to work for a year.

So. when people adjust status from whatever their status was (in your wife's case, a K1 visa holder) to permanent resident, it is in their best interest to also apply for EAD. This arrives in 90 days or less and can be expedited (not common but possible). Green cards take 6 to 12 months or more and you have no control over if you're 6 or 12. There is NO downside to applying for EAD while adjusting status. He should have done this for you. And don't take the excuse "but K1 is unusual" because lots of people go through AOS, not just K1s.

If he meant "you can work on a K1" meaning "you can work after you get EAD as part of AOSing from K1" he was right. If he thinks legal entry plus social security number = legal to work.... I'd find another lawyer pronto.

Edited July 7, 2016 by CatherineA

[EM_Vandaveer 2,417]

Once you get your NOA1 for your I-485, file an I-765 with a copy of it. No fee is necessary. It takes about 90 days to receive it. But if she has a job offer, get that in writing and once she has the NOA1 for the I-765 she can try an Infopass to get it expedited.

[HackyMoto 13]

Been browsing VJ and other immigration forums for around 3 years and have seen an uncomfortable amount of lawyers giving misinformation or screwing cases up. I can pull up 5 cases in the last few weeks that involved lawyers screwing up.

There is a difference between making an error because you are doing it yourself and learning and paying a professional thousands of dollars to do it for you and providing misinformation causing your case to be delayed or worse, denied.

I am completely not opposed to the fact that there are bad lawyers out there. Typically the only lawyers you read about, especially in the forums, are the bad ones but I am not then going to pass judgement on ALL lawyers based on the claims of one person's say so in a forum.

[Andrea&Henry 311]

You definitely need a new lawyer.

She/ he should adviced you to apply for the employment authorization and advanced parole (reentry permit) at the same time that you sent your adjustment of status (the fee gets waive this way)

Maybe once you get the NOA1 you might send your ead request and see if can be expedite.

Your lawyer you have told that the k1 visa is just a ONE WAY VISA ENTRY FOR FIANCE OF AN US CITIZEN. It doesnt come with anything else

Plus make sure your wife DOESN'T LEAVE THE COUNTRY because unless she has an advanced parole or her green card he wont be able to come back.

[LionessDeon 2,060]

Being "under the impression" and my lawyer specifically said are two completely different things. OP is clearly confused on the process and requirements.

[NikLR 13,232]

So how do I get an EAD? What form do I need?how long does it take to receive?

You need to file for her adjustment of status. For a k1, that means the i-485, i-765, i-131, and i-864. The guide has been linked in this thread. EAD normally takes 90 days after filing. However if you send proof of a job offer and request an expedite, the USCIS may speed up the EAD.

Currently she cannot get work authorization without the adjustment of status.

[EM_Vandaveer 2,417]

You need to file for her adjustment of status. For a k1, that means the i-485, i-765, i-131, and i-864. The guide has been linked in this thread. EAD normally takes 90 days after filing. However if you send proof of a job offer and request an expedite, the USCIS may speed up the EAD.

Currently she cannot get work authorization without the adjustment of status.

According to OP's earlier post, I-485 was filed for already.

[NikLR 13,232]

From the image above is EXACTLY what her SS says. We filed for green card 2 days ago, but at present time she has job offer . That is all we have filed for.

What exactly was sent with the AOS?

According to OP's earlier post, I-485 was filed for already.

Found it thanks

[Grafx85 4]

Well her job was terminated. Due to not having the proper documents. She had the I-94 but the departure date has been expired for k1. Since it was past time. They wanted a future date otherwise they would have accepted her. Well time to wait for EAD.

[Mollie09 1,543]

*Her job was terminated due to her not being legally authorized to work

[marianath 27]

Well her job was terminated. Due to not having the proper documents. She had the I-94 but the departure date has been expired for k1. Since it was past time. They wanted a future date otherwise they would have accepted her. Well time to wait for EAD.

Her job is terminated due to the fact that she is not legal to work.

She needs EAD before she can work.....period