K1, SSN, I-9 and the right to work (revisited)

[Johnnie Oz 0]

Another detail: IF the 1 year EAD is approved (no actual card in hand yet) before the K1 with EA stamp expires, what is the validity of the latter? In other words, do you then have two concurrent EAs in the system and could this cause problems?

No, because the new EAD would be based on AOS rather than the K-1 visa. That said the chances of having both approved AOS EAD and K-1 90 day EAD at the same time, are slim.

One more related thing: if you do have the EA stamp, is this something you mention when you apply for the 1 year EAD? You know, so as to let them flow into each other.... I know I'm thinking it should all be smooth when it can't be, but hey

Nope.

Thanks, but as to the first point. I was unclear: I was referring to having a EA from JFK on the I-94, and thus the possibility of having that listed on the I-9. If you're lucky enough to get the EAD from AOS before the K1 visa expires, I guess you just tell the employer to make changes on the I-9? Using the terminology Kez suggested... "a6 for K1 & c9 for AOS"

[Dr_LHA 3]

If you're lucky enough to get the EAD from AOS before the K1 visa expires, I guess you just tell the employer to make changes on the I-9?

Officially when one EAD runs out, and another is approved, you are required to sign a new I-9.

[Yodrak 7]

Dr_LHA,

No. The employee signs one I-9 one time - at the time of hire.

Yodrak

If you're lucky enough to get the EAD from AOS before the K1 visa expires, I guess you just tell the employer to make changes on the I-9?

Officially when one EAD runs out, and another is approved, you are required to sign a new I-9.

[Dr_LHA 3]

Dr_LHA,

No. The employee signs one I-9 one time - at the time of hire.

Yodrak

When work authorisation expires, the employer is required to fill out either section 3 or a new I-9 with the new work authorisation card and expiry noted. If section 3 has already been used, then a new I-9 is filled out.

I should know, I've done this plenty of times of the course of my 8 years of employment in the USA. Most recently I signed a I-9 for my job, when I started with my H-1B, signed another after my H-1B expired and I had an EAD, and they got me to sign another one when I got my Green Card. My employer is very large and hires a lot of people on foriegn visas, so they understand the HR law fully when it comes to employing foriegners.

Edited May 15, 2007 by Dr_LHA