K-1 Working issues

[ian12312 0]

Hi,

I arrived in the US on a K-1 visa on Feb 11 2006, i filed for AOS, EAD and AP with a receipt date of Mar 15 2006. My 90 day work authorization works out to end on May 12 2006, taking into account the weekend this means that is 62 days since the receipt of my AOS package with estimated processing times of 30-90 days.

My job that I have been working at are very keen for me to be able to carry on working through may if i dont get the EAD by May 12 2006.

I have seen lots of debate on this issue including things along the lines of the fact you have applied means you can work under the rules of being able to prove u applied before an existing work permit and I have also seen people say the opposite to this. It seems not to have been made clear what the rules are for people who had authorization on a K-1 based work permit?

Also some people have said that working during this overlap period is usually over looked for people married to a USC.

Can anyone point me to some REALLY good advice on this one? Being able to work is very important to me and my employer

Has anyone ever heard of being able to make sure that an EAD is processed by a certain time?

Thanks,

Ian

[zyggy 9]

Hi,

I arrived in the US on a K-1 visa on Feb 11 2006, i filed for AOS, EAD and AP with a receipt date of Mar 15 2006. My 90 day work authorization works out to end on May 12 2006, taking into account the weekend this means that is 62 days since the receipt of my AOS package with estimated processing times of 30-90 days.

My job that I have been working at are very keen for me to be able to carry on working through may if i dont get the EAD by May 12 2006.

I have seen lots of debate on this issue including things along the lines of the fact you have applied means you can work under the rules of being able to prove u applied before an existing work permit and I have also seen people say the opposite to this. It seems not to have been made clear what the rules are for people who had authorization on a K-1 based work permit?

Also some people have said that working during this overlap period is usually over looked for people married to a USC.

Can anyone point me to some REALLY good advice on this one? Being able to work is very important to me and my employer

Has anyone ever heard of being able to make sure that an EAD is processed by a certain time?

Thanks,

Ian

Working in the gap in Employment is illegal...

Question D.15 on the N-400 Citizenship Application asks the following: Have you ever committed a crime or offense for which you were not arrested?

How are you going to answer that question?

[Jenn! 918]

Question D.15 on the N-400 Citizenship Application asks the following: Have you ever committed a crime or offense for which you were not arrested?

How are you going to answer that question?

Well, I think most people answering THAT question honestly would have to say yes for some reason, even if they did not work during the gap.

[Gatorfan 0]

Without sounding like a sleazy lawyer, could you possibly just volunteer during the gap period.

Of course you won't get paid, but maybe the employer will take this into account come bonus time.

[anya-D 8]

It's illegal

And I think you can not work there as a volunteer too... saw somthing about volunteer in a place with possible employment is also illegal (forgot where i saw that)

[ian12312 0]

Can anyone give a link to some offical site or document that actually says it is illegal?

[Kez/JWolf 6]

The 90 day EAD granted at K1 entry can not be renewed... The EAD you apply for with or after AOS is notlinked in anyway to your K1 EAD... so you can not use the renewal rule you spoke about....

The rules are that if you take employment on your K1 EAD and it expires and you have not received your AOS EAD then you MUST stop working until you receive your AOS EAD.....

I was asked about unauthorised work at my interview..... I would not risk giving them(USCIS) any reason to not approve or delay your AOS application....

IMO

Kezzie

[kerewin21 2]

Question D.15 on the N-400 Citizenship Application asks the following: Have you ever committed a crime or offense for which you were not arrested?

How are you going to answer that question?

Well, I think most people answering THAT question honestly would have to say yes for some reason, even if they did not work during the gap.

Who hasn't ever jaywalked or accidentally run through a red light?

[anya-D 8]

Question D.15 on the N-400 Citizenship Application asks the following: Have you ever committed a crime or offense for which you were not arrested?

How are you going to answer that question?

Well, I think most people answering THAT question honestly would have to say yes for some reason, even if they did not work during the gap.

Who hasn't ever jaywalked or accidentally run through a red light?

oh ... is that count

[leroy1999 0]

if you are married to a US Citizen it is forgiven - however the general consensus is that it is not allowed. However it does say that renewals have 90 days to show a new EAD to new employers. It's grey wether a K1 Stamp is classified as a renewal.

I have never heard of someone being denied AOS for this offence and have seen on forums that Immigration Officers have even advised people not to quit there jobs.

Not sure how you come to the conclusion that it's a "crimnal offence" !

[ian12312 0]

This does all seem to be a grey area. I thank everyone for their advice so far however so far it is mostly opinions that I have seen posted and differing ones at that.

Is there anywhere that actually states what is and isn't for someone who already had a k-1 permit - and states it explicitly without having to imply anything?

Is there anywhere I can go to get concrete advice on this?

[Kez/JWolf 6]

think the only person commiting any offence is the employer as they have to verify your work authorisation....

A K1 EAD cant be renewed because your status as a K1 ends with the expiry of your I-94 (90 Days)

AOS EAD is a new application ( that is why you have to check the box that says new application and not renewal on the form) so the period in between K1 and AOS EAD aproval is not work approved...

But as other have said its up to you.....

Kezzie

Edited April 18, 2006 by Kezzie

[leroy1999 0]

go to your local Field Office and ask them !

To be honest I have heard they also give out varying answers !

[Jenn! 918]

This does all seem to be a grey area. I thank everyone for their advice so far however so far it is mostly opinions that I have seen posted and differing ones at that.

Is there anywhere that actually states what is and isn't for someone who already had a k-1 permit - and states it explicitly without having to imply anything?

Is there anywhere I can go to get concrete advice on this?

The reason that a temp EAD stamp used to be useful is because before you could do a walk-in application for your EAD after you got married and get the EAD same day. They changed the EAD process, but did not change the issuance of temp EAD stamps. That's why you won't find a lot of "concrete advice" on the matter, because the "gap" never used to really be a possibility.

[Kajikit 65]

If you're lucky the gap will be very small and you'll get your 12-month EAD soon. At least you've already applied for it! I applied for my EAD on the 14th April and got it in the middle of June.

If you want to play it safe, take a leave of absence on the day your EAD expires and go back the day your new one arrives in the mail (or you get the email of approval to show your employer). There's no law that says you can't go back to the same job you were doing before, but you're not supposed to work in the 'gap'.