EAD at POE under K1

[CarlaM 0]

Hi guys:

I was just wondering if im gonna get an EAD stamp at the POE and if so, it means i could work right away??

thanks

[mybackpages 0]

Hi guys:

I was just wondering if im gonna get an EAD stamp at the POE and if so, it means i could work right away??

thanks

The only POE that seems to be giving out the EAD anymore is the JFK in New York. With that you can work right way and is good for 90 days.

[KarenCee 3]

Hi guys:

I was just wondering if im gonna get an EAD stamp at the POE and if so, it means i could work right away??

thanks

The only POE that seems to be giving out the EAD anymore is the JFK in New York. With that you can work right way and is good for 90 days.

BUT...the catch is...you *should* marry as soon as possible so AOS/EAD can be filed immediately. After the 90 days the temporary work status is technically expired which necessitates the EAD. You can't file for EAD first without having filed for AOS and you can't do that until you're married.

[CarlaM 0]

thank you so much, very helpful!!!

[AndreaK 1]

BUT...the catch is...you *should* marry as soon as possible so AOS/EAD can be filed immediately. After the 90 days the temporary work status is technically expired which necessitates the EAD. You can't file for EAD first without having filed for AOS and you can't do that until you're married.

kind of on the same topic here... from what i've read on this site, as soon as i'm legally in the US (ie, via my K1 visa) i can apply for my SSN and EAD - regardless of whether or not my fiance and i have already married. is this correct? or do we have to be married first before i can apply? sorry, your post has me a little confused...

[Yodrak 7]

AndreaK,

Yes to both, with a caveat - applying for an EAD prior to marriage will get you an EAD that is valid for only as long as the 90-day stay in the USA as indicated on your I-94. If you are lucky enough to receive the EAD within the 90 days you will have only a few days left, hardly worth the cost of the application.

Yodrak

PS - your question would be better asked in the Working and Traveling Prior to Getting a Green Card forum.

BUT...the catch is...you *should* marry as soon as possible so AOS/EAD can be filed immediately. After the 90 days the temporary work status is technically expired which necessitates the EAD. You can't file for EAD first without having filed for AOS and you can't do that until you're married.

kind of on the same topic here... from what i've read on this site, as soon as i'm legally in the US (ie, via my K1 visa) i can apply for my SSN and EAD - regardless of whether or not my fiance and i have already married. is this correct? or do we have to be married first before i can apply? sorry, your post has me a little confused...

Edited April 18, 2007 by Yodrak

[CutienPurg 0]

but isn't the k-1 authorized to work without specific authorization based on their status alone? so couldn't the proof burden for the employer be met with evidence of a social security number application receipt?

section C

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

and

page 4 of the handbook, page 6 of the PDF

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

and then continued employment with receipt for the EAD following marriage?

[Yodrak 7]

CutienPurg,

Yes, a K1 is employment authorized incident to their status. However, in order for an employer to hire them the employer is required to see certain specified documentation. A K1 who does not have the employment authorization stamp on their I-94 or an Employment Authorization Card does not have the required documentation, an EAD, that an employer needs to see.

A debatable point is that a person who is EA but does not have one of the specified EADs can be hired under the condition that they must show that they have applied for an EAD within 3 days of hiring and show the EAD itself within 90 days. Some people argue that this provision applies only to people who have lost their EA card. I argue that it applies to anyone who is EA but does not have an EAD. But regardless of what I or other people think, it's the employer who is responsible. If the employer is comfortable that a K1 is covered by this provision, then the K1 is in good shape until their 90 day allowed stay expires - send in an I-765 on the basis of (a)(6), show a copy and mailing receipt to the employer within 3 days, and they're good to go until their I-94 expires whether or not they receive the EA card within that time. If the employer is not comfortable that a K1 is covered by this provision, then the employer is not going to hire a person until the person has an EA card in hand.

Yodrak

but isn't the k-1 authorized to work without specific authorization based on their status alone? so couldn't the proof burden for the employer be met with evidence of a social security number application receipt?

section C

https://s044a90.ssa.gov/apps10/poms.nsf/lnx...33;opendocument

and

page 4 of the handbook, page 6 of the PDF

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

and then continued employment with receipt for the EAD following marriage?

[CutienPurg 0]

Yodrak,

I think you and I are in the same mindset here.

The only place I would spefically argue your point is on what needs to be applied for in order to obtain employment. Wouldn't application for a social security number be proof enough of EA? What other category would be eligible for a SSN prior to obtaining specific EA? Would SSA issue a receipt indicating the category by which the SSN is being applied for?

Edited April 18, 2007 by CutienPurg

[Yodrak 7]

CutienPurg,

No. I-9 specifies what documentation is acceptable evidence of being EA. Application for a SS card is not one of the items.

Yodrak

Yodrak,

I think you and I are in the same mindset here.

The only place I would spefically argue your point is on what needs to be applied for in order to obtain employment. Wouldn't application for a social security number be proof enough of EA? .....

[CutienPurg 0]

Yodrak,

you know Im going to debate this until you tell me to shut up

~"You must examine one document from List A or one from List B and one from List C."

~from list C

"U.S. Social Security Number Card other than one which has printed on its face "NOT VALID FOR EMPLOYMENT"

~"If employees are unable to present the required document(s) within 3 business days of the date employment begins, they must present a receipt for the application for the document(s) within 3 business days.

The employees must have indicated, by having checked an appropriate box in Section 1, that they are already eligible to be employed in the United States.

When they provide you with a receipt showing that they have applied for a document evidencing that eligibility, you should record the document title in Section 2 of the Form I-9 and write the word ''receipt'' and any document number in the "Document #" space. The employee must present the actual document within 90 days of the date employment begins. At that time, you should cross out the word "receipt" and any accompanying document number, insert the number from the actual document presented, and initial and date the change."

they couldn't offer a receipt if they werent eligible for the card, they arent eligible for the card if they are not EA.

[Yodrak 7]

CutienPurg,

A SS card issued to a K1 is going to have a notation that says 'not valid for employment without DHS authorization'. Except for those lucky few when the SSA has made a mistake and failed to put the notation on the card.

When the employee presents the card the employer is not going to be happy to find out that they have hired someone without proper evidence of DHS employment authorization.

Yodrak

Yodrak,

you know Im going to debate this until you tell me to shut up

~"You must examine one document from List A or one from List B and one from List C."

~from list C

"U.S. Social Security Number Card other than one which has printed on its face "NOT VALID FOR EMPLOYMENT"

~"If employees are unable to present the required document(s) within 3 business days of the date employment begins, they must present a receipt for the application for the document(s) within 3 business days.

The employees must have indicated, by having checked an appropriate box in Section 1, that they are already eligible to be employed in the United States.

When they provide you with a receipt showing that they have applied for a document evidencing that eligibility, you should record the document title in Section 2 of the Form I-9 and write the word ''receipt'' and any document number in the "Document #" space. The employee must present the actual document within 90 days of the date employment begins. At that time, you should cross out the word "receipt" and any accompanying document number, insert the number from the actual document presented, and initial and date the change."

they couldn't offer a receipt if they werent eligible for the card, they arent eligible for the card if they are not EA.

[sunset2005 0]

can anybody tell me why JFK is the only airport that does this??? how come the rest dont???

[meauxna 15]

Please read this document and the most current "receipt rule" decision.

http://www.uscis.gov/files/article/EIB102.pdf

[CutienPurg 0]

Please read this document and the most current "receipt rule" decision.

http://www.uscis.gov/files/article/EIB102.pdf

Well then!! I gues that settles it

Thanks Meaux.

I can shut up now