Work Authorization while on K-1 (before and after I-94 expires)

[DmytriiD 186]

Hi all,

I found out that k-1 visa holder is authorized to work during 90 days in K-1 status in I-765 Instructions (confirmed by DHS over the phone). I posted about it here before.
So, I started applying for jobs and I got an offer now. I called USCIS and said them that I have an offer and I know there will be a gap btw I-94 expires and the date I receive an actual permit to work card. I am not authorized to work during this gap (its around 3 month). So, now I want to submit a request to expedite EAD process only (not AP or AOS) in order to eliminate this gap in employment. 

Did anyone do it before? 

I found a criteria’s and I think I can only be eligible under this one: Severe financial loss to company or person; Like an explanation I want to use that it is a severe financial loss to me (person) while I am not employed….idk if it is acceptable by USCIS but it is true.

Any comments are appreciated.
 

[belinda63 3,041]

Do you possess the proper documents to begin working? https://www.uscis.gov/system/files_force/files/form/i-9-paper-version.pdf.

You can request to expedite the EAD with proof of a job offer. 

[MarksMate 227]

So you're only eligible to work for 90 days? So you mean the I-94 allows you to work? I was unaware of this,  never heard of this before. But to request an expedite on a EAD call USCIS and request it under financial hardship based on a job offer and they will give you instructions. I did but a officer was already assigned to our case 2 days prior so expedite wasn't even looked at. 

[Kyle&Ana 718]

NO NOU NO i K1 cant work without an EAD, u can get an SSN with your I-94... when EAD/AP wasnt so backlog u have the option to file for EAD/AP but Since take more than 3 months to get it is not worth it.

 

what u can do now is expedite your EAD with your job offer.

Edited October 15, 2018 by Kyle&Ana

[Marieke H 2,522]

As @geowrian explained in your previous thread about this, you were eligible to apply for work authorization during those first 90 days. But EAD applications currently take much longer to process, so no one really applies for an EAD based on their K1 status. You are NOT authorized to work, you are only ELIGIBLE to apply for work authorization during those first 90 days after entering on a K1.

If you have already filed your AOS/EAD/AP, you can request an EAD expedite. Call them, ask for an expedite, follow instructions, and see what happens. An expedite isn't very fast though; mine still took 6 weeks.

[DmytriiD 186]

21 minutes ago, MarksMate said:

So you're only eligible to work for 90 days? So you mean the I-94 allows you to work? I was unaware of this,  never heard of this before. But to request an expedite on a EAD call USCIS and request it under financial hardship based on a job offer and they will give you instructions. I did but a officer was already assigned to our case 2 days prior so expedite wasn't even looked at. 

Yeah, correct.

Look right here:

 

[Marieke H 2,522]

On 9/24/2018 at 8:55 AM, geowrian said:

A K-1 holder is eligible to apply for an EAD. They are not authorized to work for an employer without an EAD (and they cannot meet the I-9 requirements without an EAD).

A K-1 holder can file an I-765 (with fee) to apply for an EAD. The EAD expires at the end of their original 90 days from POE. The I-765 is currently taking ~3-6 months for approval. As such, it would be expired before you even get it.

 

No to 245(i).

^^ This is the explanation I was referring to. You are not authorized to work as a K1 holder without an EAD.

 

[geowrian 22,338]

Exactly as stated above and previously - a K-1 visa holder needs documentation to work. That documentation is an EAD. You have no documents to meet the I-9 requirements (nor anything showing that you are authorized to work).

[DmytriiD 186]

5 minutes ago, MariekeH said:

^^ This is the explanation I was referring to. You are not authorized to work as a K1 holder without an EAD.

 

idk why should I believe this if official USCIS doc says: "You are only authorized to work under this category during your 90 days in K-1 or K-2 status."

Also I called DHS and they confirmed that in K-1 status I can work until my I-94 expires.

 

 

 

 

 

[DmytriiD 186]

4 minutes ago, geowrian said:

Exactly as stated above and previously - a K-1 visa holder needs documentation to work. That documentation is an EAD. You have no documents to meet the I-9 requirements (nor anything showing that you are authorized to work).

Over the phone DHS customer rep advised me that I am eligible under this category (see attached)

[Marieke H 2,522]

4 minutes ago, DmytriiD said:

idk why should I believe this if official USCIS doc says: "You are only authorized to work under this category during your 90 days in K-1 or K-2 status."

Also I called DHS and they confirmed that in K-1 status I can work until my I-94 expires.

 

 

 

 

 

The instructions say you are allowed to apply for an EAD as a K1 holder, not that you are allowed to work without any further documents.

But go ahead, take the job, complete all your new hire paperwork, and please let us know if your employer actually let you start working. Good luck.

[DmytriiD 186]

38 minutes ago, MarksMate said:

So you're only eligible to work for 90 days? So you mean the I-94 allows you to work? I was unaware of this,  never heard of this before. But to request an expedite on a EAD call USCIS and request it under financial hardship based on a job offer and they will give you instructions. I did but a officer was already assigned to our case 2 days prior so expedite wasn't even looked at. 

I called USCIS today 2 times and spoke with 2 different reps...they both said that it is not a reason to expedite if you have a job offer. 

Expedite criterias are here:

https://www.uscis.gov/forms/expedite-criteria

 

But anyway, do you think it is possible to tell them like I am in hard financial situation and I have a job offer...and they will expedite it?

[geowrian 22,338]

7 minutes ago, DmytriiD said:

Over the phone DHS customer rep advised me that I am eligible under this category (see attached)

"for a specific employer". You're looking at documentation for somebody who enters on a work visa. A K-1 is family-based immigration, not employment-based immigration. These are very different categories.

 

2 minutes ago, DmytriiD said:

I called USCIS today 2 times and spoke with 2 different reps...they both said that it is not a reason to expedite if you have a job offer. 

Expedite criterias are here:

https://www.uscis.gov/forms/expedite-criteria

 

But anyway, do you think it is possible to tell them like I am in hard financial situation and I have a job offer...and they will expedite it?

True....but the job offer would generally fall under "severe financial loss to company or person".

[DmytriiD 186]

2 minutes ago, MariekeH said:

The instructions say you are allowed to apply for an EAD as a K1 holder, not that you are allowed to work without any further documents.

But go ahead, take the job, complete all your new hire paperwork, and please let us know if your employer actually let you start working. Good luck.

I copied to you what exactly instructions says...and  screenshot was attached in the previous topic.

Employer doesn't know how to check this, so they are asking me to make sure...this is why I called DHS (because it says only with DHS authorization on my SSN)...

 

[Kyle&Ana 718]

4 minutes ago, DmytriiD said:

I called USCIS today 2 times and spoke with 2 different reps...they both said that it is not a reason to expedite if you have a job offer. 

Expedite criterias are here:

https://www.uscis.gov/forms/expedite-criteria

 

But anyway, do you think it is possible to tell them like I am in hard financial situation and I have a job offer...and they will expedite it?

actually ppl is doing it that way!