APPLYING FOR EAD

[Marry American 0]

My husband and I saw an immigration officer Friday to see if we can get an expidited EAD card. The officer informed us that upon his arrival, my husband could have applied for EAD even before we got married (June 2). Are you guys aware of that?

Secondly, he is working so it is difficult to get a day off at his new job to see a civil surgeon. Do you think that we can send in the EAD without the adjustment papers (according to the immigration officer we can)? I would like to know the opinion of fellow VJers?

[bora bora 1]

My husband and I saw an immigration officer Friday to see if we can get an expidited EAD card. The officer informed us that upon his arrival, my husband could have applied for EAD even before we got married (June 2). Are you guys aware of that?

Secondly, he is working so it is difficult to get a day off at his new job to see a civil surgeon. Do you think that we can send in the EAD without the adjustment papers (according to the immigration officer we can)? I would like to know the opinion of fellow VJers?

A friend of ours applied for his EAD upon his arrival (before getting married). But since it's only as good as long as the I-94 is valid, by the time he received it in the mail it was expired.

[debeselizz 0]

My husband and I saw an immigration officer Friday to see if we can get an expidited EAD card. The officer informed us that upon his arrival, my husband could have applied for EAD even before we got married (June 2). Are you guys aware of that?

Secondly, he is working so it is difficult to get a day off at his new job to see a civil surgeon. Do you think that we can send in the EAD without the adjustment papers (according to the immigration officer we can)? I would like to know the opinion of fellow VJers?

how is he working if he doesn't have EAD?

[Kez/JWolf 6]

A K1 visa holder is work authorized for 90 days from their arrival..... the problem is that to be able to comply with the I-9 form that has to be completed when you start employment you also need evidence of work authorization.... so you need either the temp EAD stamp that you can get from some POE or an EAD that you have got when applying for AOS....

As another poster has already said you can apply for an EAD when you arrive under the code a6 but the chances are it will take almost 90 days to get so will be expired or almost expired when you get it....

You say he is working so it is difficult for him to get a day off.... how is he working if he does not have an EAD???

Kez

[Mr and Mrs Bird 0]

You say he is working so it is difficult for him to get a day off.... how is he working if he does not have an EAD???

UPS ups

[Marry American 0]

He is currenty working. He got EAD through JFK. But he still could have sent in the EAD card for his new EAD upon arrival although he had a temp stamp. He could have filed for the one that would not expire with the I94.

Anyone have any idea about the other question I asked, would it be wise to send in the EAD application just a little prior to the AOS?

Edited June 24, 2007 by i adore you

[Kez/JWolf 6]

You can not apply for the 1 year EAD before you file for AOS.... you can only file with the AOS or after.... his temp EAD will expire 90 days after his entry and he will no longer be work authorized.... he will have to wait for the 1 year EAD to be approved before he is work authorized again...

Kez

[ChristinaM 0]

I Adore You, the EAD that your husband could have applied to before he married would have been the same as the stamp on his I-94.

As A K1 visa holder, one is entitled to apply for an EAD under a different class than an adjustment candidate, an a-something class as I recall. It would still only have been valid for the term of the K1 visa - until the expiry of the I-94. As Kezzie mentioned, there have been reports on here of people who have applied for that but not received it until it was out of date and no longer valid. The EAD one obtains once you are pending adjustment is class (c.)(9) and is valid for one year.

Don't worry - you haven't missed out on anything! The unfortunate thing is the gap between the stamp expiration date and receipt of the pending-adjustment EAD, when one is technically supposed to stop working. Again, as Kez said, you can't apply for the 1 year EAD prior to the AOS, as you only gain access to that benefit as an adjusting alien.

Edited June 24, 2007 by ChristinaM

[Marry American 0]

I think I understand. If he applies, it will still be for 90 days.

The immigration officer said he could apply with the C9 classification. Maybe she meant along with the adjustment papers. I will call Monday and get more answers. Thanks VJ!