To work or not to work

[ian12312 0]

I arrived in the US on a K-1 Visa, I was given my 90 day work permit which is valid through to May 12th and will be starting to work on April 3rd. I have also applied for my EAD along with my AOS and AP.

I have seen in some posts that if you are re-applying for employment authorization the fact you have applied gives you an automatic extension until you recieve the decision on your new application. Does this apply to the initial 90 day permit or is there any other way I can continue to work after May 12th if my EAD hasnt showed up?

Thanks,

Ian

[leroy1999 0]

I am in the same boat as you bud and have asked the same question.

Now most have told me the below answer.

1. Without an EAD you are not work authorised.

2. Your employer should not allow you to work on an expired EAD.

However the following I have come across which leads me to be confused and USCIS does not seem to want to clarify the situation.

1. http://www.usvisanews.com/i9-compliance.shtml (note paragraph 3 and 4). You where issued a EAD, albeit a temp one at JFK so was does it not apply to K1ers.

2. As a spouse of a US Citizen you are generally forgiven for working without an EAD for less than 180 days.

3. It's your employers responsibilty not yours... there issue.

Personal I dont know what to do and wether it's deemed a major violation.

[Jenn! 918]

The extension only applies to renewal EADs, and you have only just applied for your first EAD.

You should stop working after your I-94 expires until you physically have your EAD in hand.

[leroy1999 0]

while technically the Temp EAD is a renewal !

Please clarify through a source that it is not.

sorry I meant to say that the EAD your applying for is a renewal due to be issuing a temp EAD at JFK.

[Jenn! 918]

while technically the Temp EAD is a renewal !

Please clarify through a source that it is not.

sorry I meant to say that the EAD your applying for is a renewal due to be issuing a temp EAD at JFK.

When applying for the EAD with AOS you check the "first" box, and not the "renewal" box.

The temp EAD issued at JFK is just that - temporary ( and it's only a stamp ), not an actual EAD.

[leroy1999 0]

It really is confusing

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C

you are in limbo into you finally Adjust

[Jenn! 918]

It really is confusing

you are in limbo into you finally Adjust

Agreed.

I asked this same question a while back and the consensus was that going from your temp EAD stamp to your actual EAD is not considered renewal, so the extension does not apply.

[eau_xplain 2]

The EAD stamp you get upon entry at JFK is an EAD based on your K1 status.

The EAD you are applying for together with your AOS is based on your being an adjustment applicant. Two different categories. Hence, the EAD with AOS is a first application and not a renewal.

You are correct on the following points:

1) Unauthorized work is "forgiven" for spouses of USCs;

2) It is the employer's responsibility to stay on top of your period of "authorized work". Legally, they should not allow you to work anymore once your EAD stamp expires. It's the employer who will be fined.

The above clearly shows the mixed signals that immigration laws are sending (but then again, that's not exactly new). You cannot work/should not work, but if you do, you will be forgiven if your spouse is a USC. Some people don't want to put their immigration process at risk by working without authorization. It is up to you and what you want to risk. Ultimately it is your choice as it is your immigration process that will be affected.

Edited March 22, 2006 by eau_xplain