Work authorization stamp in JFK

[Ju&Ja 1]

Hey VJs,

I read several posts here about this "magic" stamp.

I arrived at the end of february on a K1 visa. I got married in Vegas at the beginning of march so 2 months ago.

I have my SS card saying that I can work with DHS authorization. I have a stamp on my I-94 saying "work authorized until 16 august 2009 (which is the end of my K1 visa validity).

An employer wants to hire me as soon as possible. I read a couple times that now, with this new I-9 the magic stamp is not longer accepted.

So, I went to the SS office this morning and I asked, and they said "We are 100% positive that you can work".

Then, I called the USCIS to be 200% sure. I explained everything, and I said that I read the I-9 handbook and that I didn't find the JFK stamp on I-94 on the list of "official authorized documents accepted". The guy checked and said "Madame I'm positive, you can work if you got this stamp even if you didn't receive the EAD yet".

So, I hope that this post can be helpful for you guys who are in the same situation.

Juliette

[Bobby+Umit 161]

Yes, but when your stamp expires (16 august 2009) - what happens if you don't have your EAD in hand by then?

[Ju&Ja 1]

Yes, but when your stamp expires (16 august 2009) - what happens if you don't have your EAD in hand by then?

You have to stop working til you get the EAD

[Bobby+Umit 161]

Did they tell you that?

It makes sense - just asking

[Otto 83]

I read a couple times that now, with this new I-9 the magic stamp is not longer accepted.

This is true - see Pinned Topic

[Nik+Heather 121]

How on earth is your stamp on your I-94 valid for longer than your visa??? Feb PoE means it's all expired in May. Your visa validity was for 6 months until entry...but once you PoE, only good for 90 days once you enter, is my understanding.

If this is true, I wouldn't think that your situation is AT ALL typical. There are humans running this, and I think that you ran into several who may have made mistakes.

Also, I think you are glossing over the key words in the response you quoted "...even if you haven't received the EAD yet." I think this may be confused with an approval for an EAD, and the time waiting for the actual papers to arrive, and not even having applied for (let alone approved) and not yet having received EAD paperwork. I hope that made sense.

Do you have any of these opinions in writing? If you're wrong, do you think "Someone I talked to on the phone said I could" (Or even "Ms Smith at the SS office wrote me this excuse note") is going to hold up in court against clearly written requirements on the I-9??? Remember, things have recently (as close as a month!) changed. You USED to be able to work on the K1 with the stamp. They changed the I-9. The only change being that this is no longer adequate to show work eligibility. Not everyone at the first layer of the call centers/SS offices may be up to speed.

Do you really want to bet against this? REALLY?

[YuAndDan 153]

Note: As of last month USCIS has REQUIRED employers to require a PHOTO ID EAD card for work authorization.

K-1 is NOT a work visa, it is a fiancee visa with only one purpose to enter the USA and marry the US Citizen tat filed the I-129F. USCIS as instructed SSA to treat the K-1 as a work auth visa for one reason only, to allow the K-1 to get a SSN, which in some states is required in order to get a marriage license. JFK issued the stamp only to make it easier to get SSN.

Please read the acceptable work authorization evidence in column A of form I-9. The EAD stamp no longer is considered evidence that can work.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Ju&Ja 1]

Ok, Nick+heather I'm just telling here what people said to me today, so just calm down and don't play the bad cop. And the stamp on my I-94 is not valid longer than my visa, they both ended the same day.

I decided to go to LA and get a appointment so we will see what they say.

I know that the K1 is not a work visa, I read about the acceptable work authorization evidence. When I was on the phone with USCIS I said that the stamp that I have on my I-94 is not listed on the column A, it is when he asked me to wait, then he asked to his co-workers and said : "Madame, I am positive, you can work if you have this stamp on your I-94 until the date written".

[rebeccajo 14]

If the employer who wants to hire you participates in E-verify, you won't be hired.

[Ju&Ja 1]

If the employer who wants to hire you participates in E-verify, you won't be hired.

That is a good point, what is the E-verify ? I would love him to do that. Cuz' I would never put him in a bad position and put myself at risk with the immigration. So if the employer has a good way to know if he can hire me I would love to know more about it

[rebeccajo 14]

If the employer who wants to hire you participates in E-verify, you won't be hired.

That is a good point, what is the E-verify ? I would love him to do that. Cuz' I would never put him in a bad position and put myself at risk with the immigration. So if the employer has a good way to know if he can hire me I would love to know more about it

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

[Nich-Nick 3,354]

Sounds good to me Juliette. If the employer is okay with hiring you based on your information, then congratulations on finding a job in this economy. I'd jump on it. I think you were lucky that they stamped your I-94 with the August date. Most get a date of POE + 90 days on their I-94 which makes the timeframe tighter. Since you already filed AOS etc, maybe you'll have the EAD by July and everything will work out perfectly for you. And also "good for you" calling the sources instead of believing varying interpretations given on the forums.

[Ju&Ja 1]

If the employer who wants to hire you participates in E-verify, you won't be hired.

That is a good point, what is the E-verify ? I would love him to do that. Cuz' I would never put him in a bad position and put myself at risk with the immigration. So if the employer has a good way to know if he can hire me I would love to know more about it

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

Thank you

[Ju&Ja 1]

I have an infopass in Los Angeles on May 20th, so I will let you know guys what she/he/they will exactly tell me. Maybe it will help some people to work early if they have this stamp or maybe it will confirm that it is not longer valid.

[Ju&Ja 1]

Ok guys, I had my infopass in LA this morning, this is exactly what happened :

The woman checked my passport and my status on her computer. She then asked me what I wanted.

I asked "I applied for my AOS, EAD, AP at the beginning of May. I got an offer for a job and I would like to know if I can accept the job before to receive my EAD because I have the work authorized stamp on my I-94."

She asked me if I got the Notice of action for my AOS and EAD. I said yes and gave them to her with my biometrics appointment letter.

She said : "Even if you didn't have the stamp on your I-94 you can work. We the immigration don't require a EAD while a green card is pending, it is up to your employer to accept to hire you even if you don't have a green card or an EAD yet. As a pending applicant for your GC you are totally allowed to work."

I asked her again, showing the list of the documents accepted as work authorization> She said "I am positive, if you can find an employer who is ok to hire you without a GC or EAD this is not a problem for the USCIS, you are legal here in the USA and allowed to work, once again, the EAD for somebody pending on the AOS is not a requirement for the USCIS it is a requirement for the employer"

So...?