K1 Visa holder w/o EAD

[Big Boss 0]

Hi,

My fiancee came here on a K1, wer applied for AP and AOS...but not EAD

She has recieved her SSN.

Is it true that she can legally work until her K1 visa expires?

Thanks

[LaL 418]

did you get the employment authorization stamp at JFK?

[Big Boss 0]

did you get the employment authorization stamp at JFK?

No

[LaL 418]

then you don't have anything to support that you are Employment Authorized. Employers require very specific items to submit with the I-9.

Edited November 27, 2006 by lal_brandow

[Big Boss 0]

then you don't have anything to support that you are Employment Authorized. Employers require very specific items to submit with the I-9.

I think I read somewhere that....she can work until her I-94 expires...have u heard anything like that?

Thanks

[LaL 418]

then you don't have anything to support that you are Employment Authorized. Employers require very specific items to submit with the I-9.

I think I read somewhere that....she can work until her I-94 expires...have u heard anything like that?

Thanks

yes, being work authorized is incidental to K1 (by the definition of the visa), however there isnt any document to prove that you are authorized that would match the list of acceptable items to submit with the I9, kinda like a catch 22

[BJZags 17]

[i think I read somewhere that....she can work until her I-94 expires...have u heard anything like that?

Technically this is correct, K1 visa holder can work while I-94 is valid. Check out this link: https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument

But said authorization would go "poof" after AOS.

[LaL 418]

[i think I read somewhere that....she can work until her I-94 expires...have u heard anything like that?

Technically this is correct, K1 visa holder can work while I-94 is valid. Check out this link: https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument

But said authorization would go "poof" after AOS.

*technically* is the appropriate word. there just isnt any document that is acceptable to prove it.

[Yodrak 7]

Big Boss,

I-9 tells the employer that they need to see an EAD. If the job applicant is EA but does not have an EAD the employer needs to see that an EAD has been applied for within 3 days and the EAD within 90 days.

You write that your fiancee has not applied for an EAD......

Yodrak

then you don't have anything to support that you are Employment Authorized. Employers require very specific items to submit with the I-9.

I think I read somewhere that....she can work until her I-94 expires...have u heard anything like that?

Thanks

[BJZags 17]

*technically* is the appropriate word. there just isnt any document that is acceptable to prove it.

I would think the I-94 with a print-out of the document mentioned above from the social security website would be acceptable and in compliance with the I-9.

[LaL 418]

*technically* is the appropriate word. there just isnt any document that is acceptable to prove it.

I would think the I-94 with a print-out of the document mentioned above from the social security website would be acceptable and in compliance with the I-9.

no. the i-9 is VERY specific as to what is accepts. if the employer wants to hire someone without the necessary documentation required of them, that's on the employer.

requirements

i_9_1_.pdf

[PachucoBro 3]

Stop giving bad advice... < applies to all, in all other threads and forums >

In this case you ARE allowed to work in the US with a K visa in hand with an I-9 regardless of a EAD stamp on it.

By SSA regulations the K visas inherently allow for the ability to use a SSN for the purpose of work.

By DHS regualtions K visas inherently allow for the ability to work in the EEUU during the valid dates stamped on the I-9.

Sorry I never save URLs for proof in forums, solely for my own use, but there is a form you can search ofr on the SSA site which is written for employers needing more clarification on hiring employees that are in the EEUU on visas.

My wife is working for a local Sears Grand store and there were no problems in the hiring process. The only real problem is that by the time we got the SS card after it got returned the first time (be sure to have the SSA person put C/O <citizens name> in the mailing address or your postman may think it does not belong in your mailbox), she went through the hiring process and started working... she only has like 4 weeks until her visa expires.

[Kez/JWolf 6]

Stop giving bad advice... < applies to all, in all other threads and forums >

maybe you should take a large dose of your own medicine....

A K1 is Employment Authorized BUT unless the obtained the EAD stamp at POE the have no way to prove to an employer that they are EA.... the I-9 clearly states what evidence is required to prove EA..... if the employer chooses to ignore that then it is the employer who is breaking the law not the employee... as in the case of your spouse... A K1 is EA for 90 days and then the EA ends until they are approved for EA with AOS or they have a Greencard/I-551....

[LaL 418]

Stop giving bad advice... < applies to all, in all other threads and forums >

In this case you ARE allowed to work in the US with a K visa in hand with an I-9 regardless of a EAD stamp on it.

By SSA regulations the K visas inherently allow for the ability to use a SSN for the purpose of work.

By DHS regualtions K visas inherently allow for the ability to work in the EEUU during the valid dates stamped on the I-9.

Sorry I never save URLs for proof in forums, solely for my own use, but there is a form you can search ofr on the SSA site which is written for employers needing more clarification on hiring employees that are in the EEUU on visas.

My wife is working for a local Sears Grand store and there were no problems in the hiring process. The only real problem is that by the time we got the SS card after it got returned the first time (be sure to have the SSA person put C/O <citizens name> in the mailing address or your postman may think it does not belong in your mailbox), she went through the hiring process and started working... she only has like 4 weeks until her visa expires.

which is exactly why I stated "if the employer wants to hire someone without the necessary documentation required of them, that's on the employer". I also stated that working is incidental to the K1. Regardless what the employer does, you still cannot provide the necessary documentation to the employer. You just happened to find an employer who chooses to ignore the I-9 requirements.

If you read the I-9 document, you would see it specifically states U.S. social security card issued by the Social Security Administration (other than a card stating it is not valid for employment)

which is the typical card received initially

[Yodrak 7]

PachuciBro,

Stop giving bad advice... < applies to all, in all other threads and forums >

Indeed.

In this case you ARE allowed to work in the US with a K visa in hand with an I-9 regardless of a EAD stamp on it.

By SSA regulations the K visas inherently allow for the ability to use a SSN for the purpose of work.

SSA regulations apply to the issuance of SS cards. Nothing more.

By DHS regualtions K visas inherently allow for the ability to work in the EEUU during the valid dates stamped on the I-9.

The I-94? I-9 says that an I-94 is a valid EAD only if it has been stamped as such.

Sorry I never save URLs for proof in forums, solely for my own use, but there is a form you can search ofr on the SSA site which is written for employers needing more clarification on hiring employees that are in the EEUU on visas.

SSA regulations apply to SSA issues. USCIS, not SSA, grants employment authorization.

My wife is working for a local Sears Grand store and there were no problems in the hiring process. The only real problem is that by the time we got the SS card after it got returned the first time (be sure to have the SSA person put C/O <citizens name> in the mailing address or your postman may think it does not belong in your mailbox), she went through the hiring process and started working... she only has like 4 weeks until her visa expires.

Sears is at risk of a fine if ICE audits their I-9 compliance and your wife does not have an EA stamp on her I-94.

Yodrak

Edited November 28, 2006 by Yodrak