EAD STAMP FOR K1 WHO WANT TO WORK BEFORE AOS

[Kez/JWolf 6]

USCIS have changed the requied documentation for Form I-9 from 02/02/09

I have quoted the sections that apply to K1 visa holders who want to work before they file for AOS. This is VERY important for people who plan to enter through JFK and hope to get the temp EAD stamp.

4. Employment Authorizathion Document that contains a photograph (form I-766)

5. In the case of nonimmigrant alien authorized to work for a specific employer, incident to status, A foreign Passport with form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, as lomg as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restriction or limitation identified on the form.

The wording is a major change and means that if you have the temp EAD stamp on your I-94 unless your visa is for working with a specific employer it can no longer be used as a document from List A on the I-9.

You can read the full list of documents that can be used to show work authorization at the bottom of the I-9.

http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

[MARM 7]

So no point in going through JFK specifically for the EAD stamp if one is entering one K-1 visa in hopes of finding employment before AOS?

Edited January 21, 2009 by MARM

[Kez/JWolf 6]

So no point in going through JFK specifically for the EAD stamp if one is entering one K-1 visa in hopes of finding employment before AOS?

No it would appear that the temp EAD stamp is only any good if you are arriving on a work visa for a specific employer.

[MARM 7]

So no point in going through JFK specifically for the EAD stamp if one is entering one K-1 visa in hopes of finding employment before AOS?

No it would appear that the temp EAD stamp is only any good if you are arriving on a work visa for a specific employer.

Thanks for the useful information. I was initially planning for my fiance to make JFK his POE just for the temp EAD stamp, but now that I have found out this information, no need for that detour, he can come straight to our regular int'l airport instead of JFK. You just saved us money, time, and headache!

Thanks!

[Elghazi2008 4]

So no point in going through JFK specifically for the EAD stamp if one is entering one K-1 visa in hopes of finding employment before AOS?

No it would appear that the temp EAD stamp is only any good if you are arriving on a work visa for a specific employer.

Thanks for the useful information. I was initially planning for my fiance to make JFK his POE just for the temp EAD stamp, but now that I have found out this information, no need for that detour, he can come straight to our regular int'l airport instead of JFK. You just saved us money, time, and headache!

Thanks!

Well, that's very very helpful to us too. I was worrying that if we didn't fly into JFK, we'd be missing out...looks like I worried for nothing! THANK YOU!!!!

[conway 0]

Liz intends to fly into the US next Friday, does it make much sense for her to file for the EAD when she arrives? OR should we wait until the AOS? We plan on getting married in no more than 45 days from Feb 1. Wouldn't it just be simpler to wait and file everything (EAD/AOS) at once, say on March 16th?. The EAD will expire at some point and it seems (forgive me if I'm incorrect) like a waster of $400.

We've been taking it one step at a time, and not getting ahead of ourselves by planning anything until the visa was delivered (it was delivered on Monday). So now we're playing catch up, and we're both unsure as what to do.

Any thoughts?

Thanks in advance.

[Gary and Alla 3,694]

USCIS have changed the requied documentation for Form I-9 from 02/02/09

I have quoted the sections that apply to K1 visa holders who want to work before they file for AOS. This is VERY important for people who plan to enter through JFK and hope to get the temp EAD stamp.

4. Employment Authorizathion Document that contains a photograph (form I-766)

5. In the case of nonimmigrant alien authorized to work for a specific employer, incident to status, A foreign Passport with form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, as lomg as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restriction or limitation identified on the form.

The wording is a major change and means that if you have the temp EAD stamp on your I-94 unless your visa is for working with a specific employer it can no longer be used as a document from List A on the I-9.

You can read the full list of documents that can be used to show work authorization at the bottom of the I-9.

http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

Thank you for the update, and it is very important news for K-1 holders IF it is correct. I have one problem, question, really. The site you linked to indicates this instruction form (I-9) is valid until 6-30-09 which means the government has made a change effective for 5 months? I don't know, seems strange. My wife went to work before her green card with stamp from JFK and I remember reading the form I-9 but do not recall if it had these words at that time (October, 2008) Can anyone confirm that this is, in fact, a CHANGE in the wording and intent? Maybe someone out there has an "old" I-9 and can look.

Thank you for the heads up.

[rebeccajo 14]

Moving to working and traveling.

Here's the old wording:

"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".

I've written here before that this wording implied just exactly what the Service is now clarifying.

[maggieNomar 0]

Liz intends to fly into the US next Friday, does it make much sense for her to file for the EAD when she arrives? OR should we wait until the AOS? We plan on getting married in no more than 45 days from Feb 1. Wouldn't it just be simpler to wait and file everything (EAD/AOS) at once, say on March 16th?. The EAD will expire at some point and it seems (forgive me if I'm incorrect) like a waster of $400.

We've been taking it one step at a time, and not getting ahead of ourselves by planning anything until the visa was delivered (it was delivered on Monday). So now we're playing catch up, and we're both unsure as what to do.

Any thoughts?

Thanks in advance.

Since you are getting married, I take it she is coming on a K1. You cannot apply for the EAD alone as K1, AOS and EAD have to be filed for together, or EAD AFTER the AOS. So yes you might as well do them together.

John: I see you down there. WAs just wondering the other day how you were and was going to PM Mags.

[Kez/JWolf 6]

Becca I am moving this back to the K1 forum as I feel it is important for people who might be planning to come through JFK as their POE, so they can maybe save some time and money on flights.

[rebeccajo 14]

It probably belongs in the news. *which I now see you put it there this afternoon*

If there is a mod around, it might need to 'live' in all three forums.

I have 'reported' the thread.

Sorry for yanking it Jon. I'm also forgetful of your recent addition as an organizer. It was a reflex.

Edited January 22, 2009 by rebeccajo

[DI&JR 1]

But wait, in List A, Number 3, it states "Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa"

The only changes are that it doesn't say "An unexpired foreign passport with a temporary I-551 stamp" any more, and the new one has "temporary I-551 p[rinted notation on a machine-readable immigrant visa".

Still, this will have an impact for me at work, so I'm glad to have seen it. Thanks!

[ranjen0703 0]

I am confused after reading this thread. My fiance's K-1 application is not approved yet, and we don't expect it to be approved for a few more months. She would like to apply for a work permit so she can work during the time until we are married. If I am understanding this correctly, she can't file for an EAD until she files for an AOS, and she can't file for that until we are married. Am I understanding that correct?

[rebeccajo 14]

I am confused after reading this thread. My fiance's K-1 application is not approved yet, and we don't expect it to be approved for a few more months. She would like to apply for a work permit so she can work during the time until we are married. If I am understanding this correctly, she can't file for an EAD until she files for an AOS, and she can't file for that until we are married. Am I understanding that correct?

A K1 entrant can file for an EAD without adjusting status. In other words, before marriage. Most people don't do this because........

If that K1 entrant waits until they marry, they can adjust status based upon the marriage and file for AOS, EAD and AP all at one time.

The filing fee for a marriage based adjustment includes the costs of EAD and AP. If the K1 entrant filed for an EAD as soon as they arrived in the US, they would pay a fee for that document PLUS it would expire when their I94 expires. So it's not really very useful.

[together-forever 0]

My Fiancé is from New York States and I always fly in at JFK, so I was going to come in at JFK whenever K1 is approved but by reading this would it make sense to come in somewhere else???