Wife found a job but can't be hired

[Pennycat 880]

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.

Wrong. You are being entirely too passive about this entire situation. And you're not reading explanations that people are taking time to give you.

She couldn't get the job because she's not authorized to work. This isn't a matter of having a driver's license but not having it on you, or it being past an expiration date. This is *not having* a license at all.

You either listened to the wrong person or understood them incorrectly. There is no such thing as being able to work (legally) on a K1 either before or after the I-94 expires without EAD. None whatsoever. You can work on a K1 before you have a green card if you get EAD. That's it.

You can get a SSN but as you now know, that SSN is not valid for work until you have EAD. Anyone who told you otherwise is fundamentally incorrect and if you paid them for that advice, I'd get my money back and use it to pay the $380 filing fee I wouldn't have had to pay if I'd done it along with AOS.

[EM_Vandaveer 2,417]

Wrong. You are being entirely too passive about this entire situation. And you're not reading explanations that people are taking time to give you.

She couldn't get the job because she's not authorized to work. This isn't a matter of having a driver's license but not having it on you, or it being past an expiration date. This is *not having* a license at all.

You either listened to the wrong person or understood them incorrectly. There is no such thing as being able to work (legally) on a K1 either before or after the I-94 expires without EAD. None whatsoever. You can work on a K1 before you have a green card if you get EAD. That's it.

You can get a SSN but as you now know, that SSN is not valid for work until you have EAD. Anyone who told you otherwise is fundamentally incorrect and if you paid them for that advice, I'd get my money back and use it to pay the $380 filing fee I wouldn't have had to pay if I'd done it along with AOS.

No filing fee is needed. Only a copy of the NOA1 for the I-485. It's free if the basis to it is being an AOS applicant regardless if it's filed with or after the AOS application. Edited July 7, 2016 by EM_Vandaveer

[Grafx85 4]

Wrong. You are being entirely too passive about this entire situation. And you're not reading explanations that people are taking time to give you.

She couldn't get the job because she's not authorized to work. This isn't a matter of having a driver's license but not having it on you, or it being past an expiration date. This is *not having* a license at all.

You either listened to the wrong person or understood them incorrectly. There is no such thing as being able to work (legally) on a K1 either before or after the I-94 expires without EAD. None whatsoever. You can work on a K1 before you have a green card if you get EAD. That's it.

You can get a SSN but as you now know, that SSN is not valid for work until you have EAD. Anyone who told you otherwise is fundamentally incorrect and if you paid them for that advice, I'd get my money back and use it to pay the $380 filing fee I wouldn't have had to pay if I'd done it along with AOS.

I'm pretty sure I heard my lawyer correctly but on the other hand I know he's wrong considering the posts I've been seeing.

[EmilyW 1,528]

OP, on the bright side, good on your wife for getting out there and finding work. Consider this just an extended holiday before she really gets stuck into the 9-5. :-)

[NikLR 13,232]

Hey OP can you update your timeline? Thanks so much.

[Ksenia_O 696]

Before jumping down OP's throat about EAD, it sounds possible based on OP's timeline that she *has* EAD (he said "DHS authorized SSN" which could mean that she does not have the stamp that says "not valid for employment without DHS authorization" and/or that she had it removed after EAD).

Wrong. You can not get the restriction removed with EAD. Have to wait for a green card.

[Ksenia_O 696]

Before jumping down OP's throat about EAD, it sounds possible based on OP's timeline that she *has* EAD (he said "DHS authorized SSN" which could mean that she does not have the stamp that says "not valid for employment without DHS authorization" and/or that she had it removed after EAD). It is also theoretically possible that she *had* an authorized SSN from previous legal employment in the US.

If it's the first case, then the company's system isn't set up to recognize the K1 process, which would not be a surprise. Their issue is with the I-94 which is expired. Spouses get stamped in with an I-551 which their system probably *is* set up for. This also could be this company's attempt to not hire anyone with only a temporary work authorization, or perhaps DACA beneficiaries, but is more than likely just a system oversight (if of course she has EAD card).

If it's the second case, then no, she's not authorized to work without a valid, unexpired EAD card even if she has an SSN without that DHS disclaimer.

Here's what employers need for the I-9:

https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents

[KayDeeCee 4,896]

I'm pretty sure I heard my lawyer correctly but on the other hand I know he's wrong considering the posts I've been seeing.

You are hung up on incorrect info your lawyer gave you. An I-94 does not give authorization to work. It does not matter what the expiration date was on her I-94. You cannot work on a K-1 visa without getting the EAD first, period. She cannot work with just the SSN alone and no EAD.

The SSN you receive will have a stipulation on it that states, 'VALID FOR WORK ONLY WITH DHS AUTHORIZATION'. That will be on the card whether you get the SSN with the I-94 or the EAD. The EAD is the DHS authorization you need. That stipulation will remain on the card until you return to the SSA to update your status once you are a permanent resident and have a green card.

A K-1 entrant is classified as a legal alien allowed to work. That is why they can get an SSN right after entry with an unexpired I-94. However, you still require the EAD. You can file for an EAD as a K-1 entrant before filing the I-485, which would be as a category (a )(6 ). It will cost $380, is not renewable and will expire when the I-94 does. That is why it is a pointless waste of money to file for one under that category. The one you file for with a pending I-485 is under category (c )(9 ). The filing fee is waived whether you file it with or after the I-485. That EAD will be valid for a year and is renewable if needed.

File for the EAD. Include a copy of the I-485 filing receipt. No fee needed. Category (c )(9 )- adjustment applicant. You can ask for an expedite based on a job offer >

http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/

http://www.visajourney.com/forums/topic/517032-sharing-on-how-to-expedite-ead-based-on-job-offer/

http://www.visajourney.com/forums/topic/495278-i-765-ead-expedite-successful-experience-with-job-offer/

Here, straight from the USCIS website about fiance(e) visas> https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.

Edited July 8, 2016 by KayDeeCee

[Ash.1101 1,756]

EAD expires with the I-94 anyways if she DID get it on K-1. The thing is, she got a job "a few months after" they got married according to the OP.

The I-94 does not give premission to work unless it specifically states that it does, which you would have done PRIOR to her entering the country. The I-94 for a K-1 visa does NOT give permission to work in this case, she would have had to have had a prior job offer and a lot more paperwork for your questionable lawyer to do.

Also, the OP seems to think that she actually has a job. She most likely has a job offer pending her fufilling all of the required criteria, like being able to legally work in the US.

There's two SSN's, one that says that she can work with DHS authorization and one that looks like everyone elses, no extra text. She can work with DHS authorization doesn't mean that DHS has authorized her to work by giving her a social security card, it means that when she presents her social security card to any potential job, she must show DHS authorization such as the EAD card or ANY of the things provided above.


Look at what the person above linked: https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents


Also, note that the I-94 as work proof states "Foreign passport must have a Arrival/Departure Report bearing the same name as the passport and contain an endorsement of the alien's nonimmigrant status that authorizes such alien to work for a specific employer incident to this status.

This document may only be used if the period of endorsement has not yet expired and the proposed employment does not conflict with any restrictions or limitations listed on Form I-94 or I-94A, Arrival/Departure Report"

Even if for some CRAZY reason, she was able to work on the I-94 because she was a non-immigrant student and not a fiance, and she had a job lined up PRIOR to coming into the country and had done all the paperwork for that, the job term only lasts for the I-94, which again.... is expired.

So if your lawyer tries to say, oh well she could have worked, in the case above you have to have a job proposal PRIOR to coming into the country. Not find one after you're in.


While I'm sure you're paying your lawyer well, or maybe it's a family friend, this lawyer in particular doesn't seem to know basic things you can find on government websites online with simple searching.

Find out what he's applied for your wife, see if he's applied for EAD and AP. If he hasn't, do it. I'd also ask him why he's done things certain ways and then show him the proof that he's not correct. A lawyer that doesn't give you the right info is just there for the money, if he actually cared about helping, he'd both to do some basic research.



TL;DR : Even if your fiance had work authorization, it would have expired when the I-94 expired. She didn't have work authorization. SSN does not equal the ability to work. Your lawyer needs to research this process better. You need to find out what he's even applied too for your wife.

Edited July 8, 2016 by Ash.1101

[~Alessa~ 26]

Hello, people. Is it allowed and possible to work with EAD but without SSN? (until green card receiving).

[NikLR 13,232]

Hello, people. Is it allowed and possible to work with EAD but without SSN? (until green card receiving).

You cant get paid without an SSN.

[Merrytooth 5,748]

Hello, people. Is it allowed and possible to work with EAD but without SSN? (until green card receiving).

Employers need your ssn for W-2 form (salary info, taxes withheld purposes).

Once you have your EAD you should be able to apply for SSN.

[aleful 1,905]

Hello, people. Is it allowed and possible to work with EAD but without SSN? (until green card receiving).

hi

not without a SS number, you need both