Here's a new one

[JenT 0]

This was bizarre... we had 'issues' getting David's SSN (but now finally have it...). During the last phone call with someone from the SS office, the clerk said that his 'record' indicated that he had employment authorization from DHS. (I can only assume it was a temp EAD... the 'informed' person I was speaking with had no clue.) His POE was Detroit and he did not have a temp EAD stamped in his passport.

It's not a big deal since he's not working and doesn't plan to until we get the official EAD, but I thought this was strange. Anyone else have something like this happen... or perhaps an explanation for it?

Jen

[Jenn! 918]

Sounds like it might have to do with the fact that K-1 is on the list of "Aliens Work Authorized Without Specific DHS Authorization ". I still don't really understand that.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500

[no name 1]

I wouldn't trust it since he has no stamp, how can it ever be proved he has EAD?

http://www.visajourney.com/forums/index.php?showtopic=45794

proves IOs and others know nothing!

Edited December 12, 2006 by devilette

[Yodrak 7]

Jen,

The explanation is, David is a K1 so he is employment authorized for 90 days from the day he entered - until his authorized stay in the USA in K1 status ends.

Many VJers seem to equate employment authorization (EA) with an employment authorization document (EAD), which is government-issued evidence of being employment authorized. Don't equate them. They are two different things.

Yodrak

This was bizarre... we had 'issues' getting David's SSN (but now finally have it...). During the last phone call with someone from the SS office, the clerk said that his 'record' indicated that he had employment authorization from DHS. (I can only assume it was a temp EAD... the 'informed' person I was speaking with had no clue.) His POE was Detroit and he did not have a temp EAD stamped in his passport.

It's not a big deal since he's not working and doesn't plan to until we get the official EAD, but I thought this was strange. Anyone else have something like this happen... or perhaps an explanation for it?

Jen

Edited December 12, 2006 by Yodrak

[Yodrak 7]

devilette,

He doesn't have an EAD. But he does have EA. (Recognize the words that the acronyms stand for.)

Yodrak

I wouldn't trust it since he has no stamp, how can it ever be proved he has EAD?

.....

[Jenn! 918]

Yodrak,

So it is not illegal to work as a K1 visa holder within 90 days of entry as long as an employer will hire you without seeing an EAD?

[payxibka 10,045]

Yodrak,

So it is not illegal to work as a K1 visa holder within 90 days of entry as long as an employer will hire you without seeing an EAD?

Technically not. It is the employer who is at risk in this situation. I will however wait to see if Yodrak comes back on this one.

[no name 1]

So will David's SS card says 'vaild only with DHS authorization' like most everyone pre-EAD/GC on here?

[payxibka 10,045]

So will David's SS card says 'vaild only with DHS authorization' like most everyone pre-EAD/GC on here?

Yes, and that is the clue to the employer to seek out the EAD.

Edited December 12, 2006 by fwaguy

[Yodrak 7]

jenn,

Sure - if you can find an employer that will hire you without seeing an EAD. They aren't supposed to. (Although, if a person is EA but does not have an EAD to prove it, the employer can accept seeing evidence that an EAD has been applied for within 3 days and does not need to see the EAD itself until 90 days.)

Yodrak

Yodrak,

So it is not illegal to work as a K1 visa holder within 90 days of entry as long as an employer will hire you without seeing an EAD?

Edited December 12, 2006 by Yodrak

[Yodrak 7]

devilette,

Yes, unless the SSA makes a mistake and incorrectly issues the card without the notation. It happens from time to time.

Yodrak

So will David's SS card says 'vaild only with DHS authorization' like most everyone pre-EAD/GC on here?

[KarenCee 3]

OK...I am going to ask a really dumb question. WHY say a K1 is EA when there is no proof of it for employers, therefore an employer can't really hire a K1? Isn't that a misnomer of sorts? "Sure you are authorized to work, but you can't prove it". Doesn't make sense to me, and I've been on this board over a year now, so don't tell me to go research it.

[Jenn! 918]

OK...I am going to ask a really dumb question. WHY say a K1 is EA when there is no proof of it for employers, therefore an employer can't really hire a K1? Isn't that a misnomer of sorts? "Sure you are authorized to work, but you can't prove it". Doesn't make sense to me, and I've been on this board over a year now, so don't tell me to go research it.

From what I've been able to understand, the distinction that K1 has as being EA is left over from the "old system". It should have been abolished, but wasn't.

[JenT 0]

devilette,

Yes, unless the SSA makes a mistake and incorrectly issues the card without the notation. It happens from time to time.

Yodrak

So will David's SS card says 'vaild only with DHS authorization' like most everyone pre-EAD/GC on here?

Yes... that's what David's SS card says.

Jen

[Yodrak 7]

KarenCee,

Good question. There have been indications coming out of USCIS that they are asking themself the same question.

But for now, there is a benefit to K1s for being EA even without the EAD that is required for employment - it allows them to get a SS card.

Yodrak

OK...I am going to ask a really dumb question. WHY say a K1 is EA when there is no proof of it for employers, therefore an employer can't really hire a K1? Isn't that a misnomer of sorts? "Sure you are authorized to work, but you can't prove it". Doesn't make sense to me, and I've been on this board over a year now, so don't tell me to go research it.

jenn,

What " "old system" "?

Yodrak

OK...I am going to ask a really dumb question. WHY say a K1 is EA when there is no proof of it for employers, therefore an employer can't really hire a K1? Isn't that a misnomer of sorts? "Sure you are authorized to work, but you can't prove it". Doesn't make sense to me, and I've been on this board over a year now, so don't tell me to go research it.

From what I've been able to understand, the distinction that K1 has as being EA is left over from the "old system". It should have been abolished, but wasn't.