The work thing...

[susan+mike 0]

My POE was also Calgary and they do not give you any stamp or work authorization at all.

[CutienPurg 0]

Okay , so I have read over the I-9 Handbook for Employers. What I was able to gather was not that the requirement for proof of employment authorization needed to be a replacement.......it simply states " applied for". If the k-1 by it's very nature is employment authorized, then how would a law be broken by working using a receipt for the EAD? Can't a K-1 apply for EAD without being married based on the visa alone?

Another thing is , the handbook says to the employer that they may employ a person who is legally authorized to work by accepting a receipt for proof and having the employeee certify they are authorized. How is an employer to know the EA's are allowed under different codes?

On page 4 of the handbook ( page 6 of the PDF) section 3 instructions for the employer,Reverifying Employment Authorization for Current Employees, paragraph 2 it states;

"To maintain continuous employment eligibility, an employee with temporary work authorization should apply for new work authorization at least 90 days before the current expiration date. If the Service fails to adjudicate the application for employment authorization within 90 days, then the employee will be authorized for employment on Form I-688B for a period not to exceed 240 days"

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

someone please make sense of that for me

Does the work authorization for the K-1 expire in 90 days or does it expire once the k-1 holder marries?

Maybe Im not getting it. Maybe Im interpretting it the way I want it to read........although this will never benefit us. Couldn't a k-1 holder, enter on the k-1 w/out the stamp , apply for an EAD and gain employment by using the receipt....at the end of that EAD vaildity apply for another EAD and continue working using that receipt?

[piosenka 0]

Wow that gave me a headache... But seems like you make a valid point. I'll read more into it and see if I can get anything else from it.

You know, I never thought to ask my HR Director if he knows anything about hiring someone going through this process. It might be worth a try.

Edited April 14, 2007 by piosenka

[kitkat1 5]

Okay , so I have read over the I-9 Handbook for Employers. What I was able to gather was not that the requirement for proof of employment authorization needed to be a replacement.......it simply states " applied for". If the k-1 by it's very nature is employment authorized, then how would a law be broken by working using a receipt for the EAD? Can't a K-1 apply for EAD without being married based on the visa alone?

Another thing is , the handbook says to the employer that they may employ a person who is legally authorized to work by accepting a receipt for proof and having the employeee certify they are authorized. How is an employer to know the EA's are allowed under different codes?

On page 4 of the handbook ( page 6 of the PDF) section 3 instructions for the employer,Reverifying Employment Authorization for Current Employees, paragraph 2 it states;

"To maintain continuous employment eligibility, an employee with temporary work authorization should apply for new work authorization at least 90 days before the current expiration date. If the Service fails to adjudicate the application for employment authorization within 90 days, then the employee will be authorized for employment on Form I-688B for a period not to exceed 240 days"

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

someone please make sense of that for me

Does the work authorization for the K-1 expire in 90 days or does it expire once the k-1 holder marries?

Maybe Im not getting it. Maybe Im interpretting it the way I want it to read........although this will never benefit us. Couldn't a k-1 holder, enter on the k-1 w/out the stamp , apply for an EAD and gain employment by using the receipt....at the end of that EAD vaildity apply for another EAD and continue working using that receipt?

Try looking at it this way - K1 holders are authorized to work which means they have the right to work - with proper authorization which is an Employment Authorization Document (temporary or permanent). B2 holders, for example, are not work authorized and cannot obtain an EAD.

To obtain a work authorization document other than a temp stamp at the POE, you have to apply for it once you are married.

Whether or not you can gain employment by using the receipt is up to the employer. A K1 holder cannot technically get into trouble for working without an EAD because marriage to a USC "forgives" this. It is the employer who will face fines and penalties if they cannot provide proof that their employees are not only are authorized to work but also have an official work authorization document. (An SSN is actually not a requirement although most employers require this as the acceptable form of identification). Hope this clarifies rather than confuses!