Tania got the "Red-Stamp" at JFK on her I-94, can she work?

[RobandTania 1]

Hello,

Tania received a red work authorization stamp on her I-94 entry card at JFK POE on July 17.

The local Social Security office said she had temporary work authorization pending I-765 and I-485, and issued her a SSN number within two weeks of entry.

A prospective employer that wanted to hire her said she can't work without the EAD card or a "green-card."

What docs do I need to present my wife as legally able to work?

I thought the JFK work authorization stamp on the I-94 was sufficient.

Thank you

Rob and Tania

[Otto 83]

Hello,

Tania received a red work authorization stamp on her I-94 entry card at JFK POE on July 17.

The local Social Security office said she had temporary work authorization pending I-765 and I-485, and issued her a SSN number within two weeks of entry.

A prospective employer that wanted to hire her said she can't work without the EAD card or a "green-card."

What docs do I need to present my wife as legally able to work?

I thought the JFK work authorization stamp on the I-94 was sufficient.

Thank you

Rob and Tania

SkyMas,

Technically she can work - but the stamp she received is a temporary authorization (good for 90 days only) - most employers will not go for this (presumably) and many may not recognize it as a valid work permit (wrongfully or not). Best bet is to file for AOS (which now includes the fees for EAD and AP) and wait it out.. That's not always the answer everyone wants to hear..

[mike & elena 0]

Hello,

Tania received a red work authorization stamp on her I-94 entry card at JFK POE on July 17.

The local Social Security office said she had temporary work authorization pending I-765 and I-485, and issued her a SSN number within two weeks of entry.

A prospective employer that wanted to hire her said she can't work without the EAD card or a "green-card."

What docs do I need to present my wife as legally able to work?

I thought the JFK work authorization stamp on the I-94 was sufficient.

Thank you

Rob and Tania

SkyMas,

Technically she can work - but the stamp she received is a temporary authorization (good for 90 days only) - most employers will not go for this (presumably) and many may not recognize it as a valid work permit (wrongfully or not). Best bet is to file for AOS (which now includes the fees for EAD and AP) and wait it out.. That's not always the answer everyone wants to hear..

The employer is misinformed. Do you homework on the I-9 for employment id and return to the last employer or be prepared for he next. The temporary work permission is unusual

or an employer but it does not deny your wife the right to work it grants her that privilege. A little more education is required on the part of employers.

[Shub 78]

As was said, she IS legally allowed to work and she DOES meet the I-9 requirements; however, and as was also said, the work stamp you get on the I-94 as a K-1 is valid for 3 months only; pursuant to that, it's understandable that some employers would deny you employment on the basis that they don't know whether you will get a more permanent EAD later on, and don't want to have to let you go only after 3 months and go through the hassle of hiring someone new to replace you, or even to hold your position while waiting for you to obtain the EAD card.

They also might not want to risk having a gap in their records between the time your I-94 expired and the time you got your actual EAD card (if applicable), as that would get them in trouble if their employee records were audited.

It all depends on the employer and their HR people -- some are more flexible, many aren't.

My employer actually did his homework on the K-1 when I showed my passport, and was very flexible with the whole process. Although my EAD card was approved within 90 days, I did not have the card in hand until after my I-94 had expired... however, I was able to produce an USCIS email that showed that my EAD card had been approved within the 90-day period of my I-94's validity, and that was enough for them until I was able to show them the actual card for their records.

[payxibka 10,045]

Hello,

Tania received a red work authorization stamp on her I-94 entry card at JFK POE on July 17.

The local Social Security office said she had temporary work authorization pending I-765 and I-485, and issued her a SSN number within two weeks of entry.

A prospective employer that wanted to hire her said she can't work without the EAD card or a "green-card."

What docs do I need to present my wife as legally able to work?

I thought the JFK work authorization stamp on the I-94 was sufficient.

Thank you

Rob and Tania

Her work authorization is expired so she is no longer authorized until EAD or "greencard"... check the date on the I-94.. the date it expired would be on or about October 14th.

[Shub 78]

Hello,

Tania received a red work authorization stamp on her I-94 entry card at JFK POE on July 17.

The local Social Security office said she had temporary work authorization pending I-765 and I-485, and issued her a SSN number within two weeks of entry.

A prospective employer that wanted to hire her said she can't work without the EAD card or a "green-card."

What docs do I need to present my wife as legally able to work?

I thought the JFK work authorization stamp on the I-94 was sufficient.

Thank you

Rob and Tania

Her work authorization is expired so she is no longer authorized until EAD or "greencard"... check the date on the I-94.. the date it expired would be on or about October 14th.

I hadn't even picked that up in the first post... Indeed the work authorization on her I-94 is expired. At this point, all you can do is wait for the EAD card or the green card, but she's not allowed to work in the interim.

[RobandTania 1]

Thank you all for the help. This clarifies much!

Rob and Tania

[DakotaK1 1]

Hello,

Tania received a red work authorization stamp on her I-94 entry card at JFK POE on July 17.

The local Social Security office said she had temporary work authorization pending I-765 and I-485, and issued her a SSN number within two weeks of entry.

A prospective employer that wanted to hire her said she can't work without the EAD card or a "green-card."

What docs do I need to present my wife as legally able to work?

I thought the JFK work authorization stamp on the I-94 was sufficient.

Thank you

Rob and Tania

Yes the "JFK stamp" is only valid for 90 days and thats it.

I myself got it there too and am currently not able to work due to my SSN# taking ages,which is really annoying.

Most people I can imagine wont want to hire you with a temp. work permit.

I am going to wait until the AOS then going to start to work,if my stupid SSN# ever in this life gets issued to me.

[Shub 78]

DakotaK1, I don't think a social security number is required by law to work in the US.

[DakotaK1 1]

DakotaK1, I don't think a social security number is required by law to work in the US.

Yes sadly it is,at least the state I live in,the wont hire you if you dont have one

[Jennymc11 2]

My husband also got the temp work stamp from JFK. We were really lucky because he found a temp job and worked 2 out of the 3 months he was allowed.