When to apply for Work Permit

[Hannah12 3]

Hi,

 

My fiancé has filed our K1 application, and I am aware that once approved and I am in the US, I am not allowed to work. At what point should I be applying for a work permit? Or is this not even a thing?

I am getting a transfer from my job in England, over to the same company in the US so I don’t really think a long time out of work is going to be an option for me.

 

Maybe my question should be, what is my best option to enable me to work as soon as possible once I am in the US?

 

Thank you in advance to anyone who can help.

 

Hannah

[SalishSea 17,833]

8 minutes ago, Hannah12 said:

Hi,

 

My fiancé has filed our K1 application, and I am aware that once approved and I am in the US, I am not allowed to work. At what point should I be applying for a work permit? Or is this not even a thing?

I am getting a transfer from my job in England, over to the same company in the US so I don’t really think a long time out of work is going to be an option for me.

 

Maybe my question should be, what is my best option to enable me to work as soon as possible once I am in the US?

 

Thank you in advance to anyone who can help.

 

Hannah

You will not be able to work until you have an EAD, and that is taking 5-7 months right now.  You can apply for that (for free) when you apply for your adjustment of status after marriage.

[SalishSea 17,833]

9 minutes ago, Hannah12 said:

I am getting a transfer from my job in England, over to the same company in the US so I don’t really think a long time out of work is going to be an option for me.

Unfortunately that is part of the deal with a K-1.  You can always apply for an expedite for the EAD if you have a job offer in writing.

 

 

[geowrian 22,337]

28 minutes ago, Hannah12 said:

Maybe my question should be, what is my best option to enable me to work as soon as possible once I am in the US?

Marry and do a CR-1 visa. Not being able to work for months is part of the deal with a K-1.

[Boiler 45,520]

Maybe a L1 in this case.

[geowrian 22,337]

9 minutes ago, Boiler said:

Maybe a L1 in this case.

Might apply to the OP's circumstances, and certainly would be the fastest to work and can still AOS.

Although probably would have been best to figure that out before filing the K-1. Oh well, sunk money now if the L-1 does apply.

[designguy 1,179]

1 hour ago, Hannah12 said:

I don’t really think a long time out of work is going to be an option for me

Hopefully they won't consider 5-7 months a long time

[Hannah12 3]

51 minutes ago, Boiler said:

Maybe a L1 in this case.

Unfortunately as the transfer is my choice, I was told I would have to arrange the visa myself.

[Hannah12 3]

35 minutes ago, designguy said:

Hopefully they won't consider 5-7 months a long time

I hope not. I just worry that any offer of a job (my current manager is helping me communicate with the US side of the business), will be taken away because I’ll not be eligible to work for that time. 

[Hannah12 3]

1 hour ago, geowrian said:

Marry and do a CR-1 visa. Not being able to work for months is part of the deal with a K-1.

I was told that route takes way longer than the K1, that’s why we decided to hold off on the marriage and go the K-1 route. 
I suppose it is best for me to get over there and be with my fiancé as quick as possible, but hope it doesn’t jeopardise any work opportunities.

 

Thanks to everyone for your comments so far.

[Sinead91 249]

You apply for the EAD which arrives (mostly) before your Green card but can take 5 to 7 months (again, sometimes less, sometimes more) 

 

I have seen some cases on VJ where the EAD gets expedited.

http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/

http://www.visajourney.com/forums/topic/517032-sharing-on-how-to-expedite-ead-based-on-job-offer/

 

It's worth taking a look at some of these stories if you can get a signed letter from your employer  VJ has an abundance of info and people who have been in your situation so take a browse around  hope this helps!

[Hannah12 3]

5 hours ago, Sinead91 said:

You apply for the EAD which arrives (mostly) before your Green card but can take 5 to 7 months (again, sometimes less, sometimes more) 

 

I have seen some cases on VJ where the EAD gets expedited.

http://www.visajourney.com/forums/topic/453753-how-to-request-to-expedite-your-ead-based-on-a-job-offer/

http://www.visajourney.com/forums/topic/517032-sharing-on-how-to-expedite-ead-based-on-job-offer/

 

It's worth taking a look at some of these stories if you can get a signed letter from your employer  VJ has an abundance of info and people who have been in your situation so take a browse around  hope this helps!

That is great. Thanks so much for the info, appreciated!

[geowrian 22,337]

here's the expedite criteria for reference: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

 

While a job offer has traditionally been acceptable as a reason to expedite, and I would go for it as there is no drawback, I will point out that the USCIS policy manual does include this text now:

"The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment."

This implies that there need to be other reasons than just a job offer now.

[Boiler 45,520]

1 minute ago, geowrian said:

here's the expedite criteria for reference: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

 

While a job offer has traditionally been acceptable as a reason to expedite, and I would go for it as there is no drawback, I will point out that the USCIS policy manual does include this text now:

"The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment."

This implies that there need to be other reasons than just a job offer now.

I thought that had always been the case, a job offer is in most cases linked to financial loss, after all financial loss without a remedy - a job offer - is not a solution.

 

Maybe one of those assumptions all this time and I had misunderstood.

[SalishSea 17,833]

9 hours ago, Hannah12 said:

I was told that route takes way longer than the K1, that’s why we decided to hold off on the marriage and go the K-1 route. 
I suppose it is best for me to get over there and be with my fiancé as quick as possible, but hope it doesn’t jeopardise any work opportunities.

You now see the drawbacks to both types of visas.