JFK Temporary Work Authorization

[Clarky and Tarah 0]

Hey guys,

I searched through so many posts today trying to find this answer (an amazing feat, considering I'm on dial up). I remember reading on a post a few days ago that if your fiance departs through a major airport in their country, and then arrives in JFK, there is no way they can get temporary work authorization since you've already been through immigration once. I was just wanting to clarify since I thought all international airports were "major" airports. My fiance will most likely be using Healthrow when he gets his K1 visa approval. Is there any way he could still get the temporary work authorization at JFK. Also, he will have a connecting flight to Columbus. Will that have any impact on it?

Thanks so much

[Clarky and Tarah 0]

Hmm...I probably should have posted this in another section. Sorry, just used to posting here . Maybe someone will move it for me .

[sunandmoon 450]

It shouldn't make a difference what the departure airport is outside of the USA. If the first stop in the USA is JFK, that will be the POE, where your fiance will go thru US Immigration. JFK seems to be the only POE giving the EAD stamp on the I-94, so it's worth a try to ask for it. the EAD stamp on the I-94 only allows to to work till the I-94 expires. after it does, you need an EAD card.

[likes2ride 0]

My Fiancee and her Daughter just came through JFK from Moscow on July 5 and they stamped both 1-94's without asking (the people we dealt with were totally cool). It is good for 90 days. We will go tomorrow and apply for SS cards. From what I gather from the SSA website, the stamped I-94's, proof of ID and completed SS card applications will be all we need for SS cards. We'll see.

[Clarky and Tarah 0]

Thanks for all the replies guys.

I'm a little confused about another thing concerning EAD's, too. I've read on several posts that you have to show to the employer the reciept for the EAD within 3 days, and the actual EAD in 90 days. So would this senario work?

You get a job with about 30 days left on your temporary EAD (since it took so much time processing SSN and such), then immediately send for your actual EAD. Just before your temporary EAD expires you present your employer with the receipt for the EAD, then about 60 days later (if you don't have any RFE's) you present your employer with the actual EAD.

Thanks so much for clarifying this.

[sunandmoon 450]

from what I understand, if you apply for an EAD card before you AOS, it would also expire with your I-94. If you apply with AOS, the NOA receipt notice just indicates your application has been received. It does not give you authorization to work. If it did my wife would be working now.

I don't think there's any way around it, after the I-94 expires you can not legally work till you have an EAD card that was for when or after you apply for AOS. or until you have your green card.

[pushbrk 13,099]

from what I understand, if you apply for an EAD card before you AOS, it would also expire with your I-94. If you apply with AOS, the NOA receipt notice just indicates your application has been received. It does not give you authorization to work. If it did my wife would be working now.

I don't think there's any way around it, after the I-94 expires you can not legally work till you have an EAD card that was for when or after you apply for AOS. or until you have your green card.

Some foreign International airports like Ottawa and Dublin have US Immigration officers, so you enter the US (clear customs and immigration) while still in Ireland or Canada. I don't know whether this is true for Heathrow. That is the specific question you need the answer to.

[Cassie 8]

It shouldn't make a difference what the departure airport is outside of the USA. If the first stop in the USA is JFK, that will be the POE, where your fiance will go thru US Immigration.

I'm sorry, but this is incorrect! All of Canada's international airports, and the one in Dublin have what are called PFIs -- meaning one clears US Customs before one even gets on the plane. Once through a PFI, you will not get the temp EAD stamp at JFK, because you don't go through Customs again once you land. However, at least one PFI (Halifax) has been reported as giving the temp EAD stamp.

To the OP: as far as I know, Heathrow does not have a PFI, and you should be ok.

Edited July 8, 2007 by Cassie

[rebeccajo 14]

It shouldn't make a difference what the departure airport is outside of the USA. If the first stop in the USA is JFK, that will be the POE, where your fiance will go thru US Immigration.

I'm sorry, but this is incorrect! All of Canada's international airports, and the one in Dublin have what are called PFIs -- meaning one clears US Customs before one even gets on the plane. Once through a PFI, you will not get the temp EAD stamp at JFK, because you don't go through Customs again once you land. However, at least one PFI (Halifax) has been reported as giving the temp EAD stamp.

To the OP: as far as I know, Heathrow does not have a PFI, and you should be ok.

You do go through Customs once you are stateside. It's Immigration you don't go through again.

[Cassie 8]

self-edited

Edited July 9, 2007 by Cassie

[flutter95 4]

Heathrow does not have US immigration, so JFK will be the POE

[ddkm 0]

I will be flying direct heathrow to JFK in the hope of getting the stamp in my passport to be able to work at least for the 90days. Just make sure you go direct from LHR and not via ireland...then u will prob get the EAD. Failing that, im gonna ask for it!

[no name 1]

from what I understand, if you apply for an EAD card before you AOS, it would also expire with your I-94. If you apply with AOS, the NOA receipt notice just indicates your application has been received. It does not give you authorization to work. If it did my wife would be working now.

I don't think there's any way around it, after the I-94 expires you can not legally work till you have an EAD card that was for when or after you apply for AOS. or until you have your green card.

[gcox457 0]

It shouldn't make a difference what the departure airport is outside of the USA. If the first stop in the USA is JFK, that will be the POE, where your fiance will go thru US Immigration.

I'm sorry, but this is incorrect! All of Canada's international airports, and the one in Dublin have what are called PFIs -- meaning one clears US Customs before one even gets on the plane. Once through a PFI, you will not get the temp EAD stamp at JFK, because you don't go through Customs again once you land. However, at least one PFI (Halifax) has been reported as giving the temp EAD stamp.

To the OP: as far as I know, Heathrow does not have a PFI, and you should be ok.

You do go through Customs once you are stateside. It's Immigration you don't go through again.

Newp...at least in the case of Toronto and Montreal Immigration *and* Customs is taken care of before you get on the plane. You do not go through customs again once physically in the U.S. I have no experience from the U.K., so no opinion there.

[Clarky and Tarah 0]

Thanks for the information everyone, you were all HUGE help.