Temporary Work permit (EAD) at JFK?

[ramzis51 0]

I am beginning to read the OVERWHELMING amount of information on acquiring a work permit. Is it true JFK is the only East coast airport that gives out a work permit? (We're coming in on a K-1). Does anybody know if they give them out at Detroit?

[ELW 5]

As far as I know, JFK is the last airport in USA to give the 90-day temp work permits. We don't know when that will end, so we always like to hear updates on people coming through recently!

[YuAndDan 153]

They don't at Detroit. Keep in mind K-1 is not a work visa it is a marriage visa. USCIS codes K-1 as "Work Authorized" primarily to get SSA to issue the K-1 holder a SSN, because there is a federal law on the books that some states comply with that requires both persons applying for a marriage license need to provide a SSN.

Most POE have discontinued providing the temp EAD stamp because SSA has been instructed by USCIS to give SSN to K-1 holders with or without the stamp, as long as the K-1 holder has a valid I-94 card.

[zqt3344 21]

I am beginning to read the OVERWHELMING amount of information on acquiring a work permit. Is it true JFK is the only East coast airport that gives out a work permit? (We're coming in on a K-1). Does anybody know if they give them out at Detroit?

Does not matter you are allowed to work for 90 days after you arrive on K1 or up until marriage day, irregardless of whether they give you the stamp or not, we did it, no problems. After marriage you have to stop working and have a work permit EAD or green card to continue on working legally per US immigration laws.

[YuAndDan 153]

I am beginning to read the OVERWHELMING amount of information on acquiring a work permit. Is it true JFK is the only East coast airport that gives out a work permit? (We're coming in on a K-1). Does anybody know if they give them out at Detroit?

Does not matter you are allowed to work for 90 days after you arrive on K1 or up until marriage day, irregardless of whether they give you the stamp or not, we did it, no problems. After marriage you have to stop working and have a work permit EAD or green card to continue on working legally per US immigration laws.

You made me do some looking.

Read form I-9 directions particularly list A requirements;

5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.

http://www.uscis.gov/files/form/I-9.pdf

Sounds like if the employer is aware that K-1 is work authorized they can employ the person for the validity period of the I-94 card, 90 days from entry on the K-1, after that and EAD, Green-card or I-551 stamp is required to continue working.

The employ does not need to quit working after marriage, only after the I-94 expires, and it is te responsibility of the employer to ensure that the person is work authorized.

Edited November 14, 2007 by YuAndDan

[ramzis51 0]

I am beginning to read the OVERWHELMING amount of information on acquiring a work permit. Is it true JFK is the only East coast airport that gives out a work permit? (We're coming in on a K-1). Does anybody know if they give them out at Detroit?

Does not matter you are allowed to work for 90 days after you arrive on K1 or up until marriage day, irregardless of whether they give you the stamp or not, we did it, no problems. After marriage you have to stop working and have a work permit EAD or green card to continue on working legally per US immigration laws.

You made me do some looking.

Read form I-9 directions particularly list A requirements;

5. An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.

http://www.uscis.gov/files/form/I-9.pdf

Sounds like if the employer is aware that K-1 is work authorized they can employ the person for the validity period of the I-94 card, 90 days from entry on the K-1, after that and EAD, Green-card or I-551 stamp is required to continue working.

The employ does not need to quit working after marriage, only after the I-94 expires, and it is te responsibility of the employer to ensure that the person is work authorized.

This is so much information. So just to be clear---with the K-1 we don't need an EAD at POE? We planned to get married IMMEDIATELY upon his arrival in the U.S. Ramzis already has a SS#. So I guess we need to file for the AOS right away. Is thaat right or he can't continue to work? sorry I sound so dumb----

[ramzis51 0]

It almost sounds better to hold off on the marriage and use the 90 day work time of the K-1 while applying for the EAD. Although we hope to have Ramzis here by the end of January, the K-1 expires March 6. I understand those can be extended----isn't that correct?

[YuAndDan 153]

Sounds like if the employer is aware that K-1 is work authorized they can employ the person for the validity period of the I-94 card, 90 days from entry on the K-1, after that and EAD, Green-card or I-551 stamp is required to continue working.

The employ does not need to quit working after marriage, only after the I-94 expires, and it is te responsibility of the employer to ensure that the person is work authorized.

This is so much information. So just to be clear---with the K-1 we don't need an EAD at POE? We planned to get married IMMEDIATELY upon his arrival in the U.S. Ramzis already has a SS#. So I guess we need to file for the AOS right away. Is thaat right or he can't continue to work? sorry I sound so dumb----

The employer is required to confirm that a person is authorized to work, per the I-9 directions a valid I-94 card in passport indicating a work authorized visa type such as "K-1" is all they need to employ a person, it is their responsibility to verify that the person still has authorization after the I-94 expires.

SO No EAD stamp is required, just a valid K-1 I-94 card. You can marry any time during the I-94 and it wont affect eligibility to work, marriage does not invalidate the I-94 card, and does not cause a person to loose the work authorization, only the expiration of the I-94 which is 90 days after entry.

Edited November 14, 2007 by YuAndDan

[payxibka 10,045]

I am beginning to read the OVERWHELMING amount of information on acquiring a work permit. Is it true JFK is the only East coast airport that gives out a work permit? (We're coming in on a K-1). Does anybody know if they give them out at Detroit?

Does not matter you are allowed to work for 90 days after you arrive on K1 or up until marriage day, irregardless of whether they give you the stamp or not, we did it, no problems. After marriage you have to stop working and have a work permit EAD or green card to continue on working legally per US immigration laws.

Of course anyone can work regardless of whether they are work authorized or not or whether they can prove they are work authorization or not. Secondly, marriage has nothing to do with the ending of the work authorization period.

[YumiYum 0]

I got EAD temporay stamp in JFK for 90 days, i arrived here on 15th june 2007 ,but after the visa will be expired you have stop working and apply for I-765 and AOS.90 days they are gone fast, 1 mont wedding preparation, 1 month in holiday...i could't think about to work in that time. You need SSN to work, i couldn't get one, they told me to be back after i will ger EAD from uscis.

[YuAndDan 153]

I got EAD temporay stamp in JFK for 90 days, i arrived here on 15th june 2007 ,but after the visa will be expired you have stop working and apply for I-765 and AOS.90 days they are gone fast, 1 mont wedding preparation, 1 month in holiday...i could't think about to work in that time. You need SSN to work, i couldn't get one, they told me to be back after i will ger EAD from uscis.

The OP already has SSN. The SSA does not give work authorization and SSN is not required to get a job, only the employer will need the SSN later to properly report income taxes.

Sounds like you waited too long to file for SSN, K-1 visa holders should file for one ASAP, typically 2 weeks after entry, but not later than 75 days after entry.

[ramzis51 0]

I am beginning to read the OVERWHELMING amount of information on acquiring a work permit. Is it true JFK is the only East coast airport that gives out a work permit? (We're coming in on a K-1). Does anybody know if they give them out at Detroit?

Does not matter you are allowed to work for 90 days after you arrive on K1 or up until marriage day, irregardless of whether they give you the stamp or not, we did it, no problems. After marriage you have to stop working and have a work permit EAD or green card to continue on working legally per US immigration laws.

Of course anyone can work regardless of whether they are work authorized or not or whether they can prove they are work authorization or not. Secondly, marriage has nothing to do with the ending of the work authorization period.

Ramzis already has a SS#---

[YumiYum 0]

I got EAD temporay stamp in JFK for 90 days, i arrived here on 15th june 2007 ,but after the visa will be expired you have stop working and apply for I-765 and AOS.90 days they are gone fast, 1 mont wedding preparation, 1 month in holiday...i could't think about to work in that time. You need SSN to work, i couldn't get one, they told me to be back after i will ger EAD from uscis.

The OP already has SSN. The SSA does not give work authorization and SSN is not required to get a job, only the employer will need the SSN later to properly report income taxes.

Sounds like you waited too long to file for SSN, K-1 visa holders should file for one ASAP, typically 2 weeks after entry, but not later than 75 days after entry.

Yes, i made a mistake.In fact i was there after 3 weeks from POE date but i found 85 people in line and i couldn't wait . when i came back in 1 month after marriage, the lady from the SSA office told me i can't file now because i am married and i have to wait EAD .

Hope i will get EAD soon.