Can I work with my EAD stamp that is up to May 2010 upon POE if my k1 visa will expire this August?

[mikeandjoana 1]

Hi I really want to start working soon. I already got my SSN but my problem is if is it still possible for me to use my EAD that is stamped on my I-94 upon entry. The officer stamped that it is valid until May 7, 2010 which is unusual because most are just 3 months I am happy because I feel so lucky but confuse at the same time. I also applied for EAD along with my AOS but I feel like it will take a while. So do u think if i will apply for a job using my entry EAD, will it be legal? I tried to call USCIS regarding this but they told me to asked a lawyer regarding the matter. OMG!! i cant believe they said that, they should know more right. But I hope you can help me with this because I dont know who to ask now. Thanks.

[Surf2Salsa 0]

Your EAD stamp on your I-94 is your Employment Authorization Document, "EAD"

That along with your SSN, ID (your passport) and you're set to go.

Welcome to the rat race.

[Surf2Salsa 0]

Ohh, nice pics by the way.

You didn't need to apply for an EAD with your AOS, you already have an EAD!

The reason they gave you an EAD valid until May 2010 (very nice of them) is to give you ample time to process your AOS and get your green card.

Good luck, you're doing well!

[payxibka 10,045]

Hi I really want to start working soon. I already got my SSN but my problem is if is it still possible for me to use my EAD that is stamped on my I-94 upon entry. The officer stamped that it is valid until May 7, 2010 which is unusual because most are just 3 months I am happy because I feel so lucky but confuse at the same time. I also applied for EAD along with my AOS but I feel like it will take a while. So do u think if i will apply for a job using my entry EAD, will it be legal? I tried to call USCIS regarding this but they told me to asked a lawyer regarding the matter. OMG!! i cant believe they said that, they should know more right. But I hope you can help me with this because I dont know who to ask now. Thanks.

The I-9 will be problematic when and if she does get a job offer

[Chica Yeyé 41]

Hi I really want to start working soon. I already got my SSN but my problem is if is it still possible for me to use my EAD that is stamped on my I-94 upon entry. The officer stamped that it is valid until May 7, 2010 which is unusual because most are just 3 months I am happy because I feel so lucky but confuse at the same time. I also applied for EAD along with my AOS but I feel like it will take a while. So do u think if i will apply for a job using my entry EAD, will it be legal? I tried to call USCIS regarding this but they told me to asked a lawyer regarding the matter. OMG!! i cant believe they said that, they should know more right. But I hope you can help me with this because I dont know who to ask now. Thanks.

The I-9 will be problematic when and if she does get a job offer

Brother pax is right. To comply with the I-9 she would need more documents that she does not currently have.

[Surf2Salsa 0]

I-9 will not be a problem, my office handles dozens of them weekly.

First page, Section 1, above the signature and date: Check the box, An alien authorized to work, Alien # or Admission # until (if applicable)

Acceptable documents LIST A, use number 3, her passport with the EAD stamp (I-551 stamp)

Go ahead, get to work like the rest of us!

[payxibka 10,045]

What she got is NOT the I-551 stamp (#3) but the stamp as listed on #5.

#3 is for ONLY immigrants... as she is a "K" visa holder which is nonimmigrant

Edited July 14, 2009 by payxibka

[TayRivers 4]

I-9 will not be a problem, my office handles dozens of them weekly.

First page, Section 1, above the signature and date: Check the box, An alien authorized to work, Alien # or Admission # until (if applicable)

Acceptable documents LIST A, use number 3, her passport with the EAD stamp (I-551 stamp)

Go ahead, get to work like the rest of us!

Then your office is not complying with the rules for acceptable documents for the I-9, as already stated the OP is on a non-immigrant visa (K1) and does not have a I-551 stamp so she can not tick #3, as for #5 she can not tick that one because K1 visa holders do not have a visa that is approved for work for a specified employer.

You need to read the Employers handbook for a list of acceptable documents and the description that explains each one. If your company has signed up for the E-Verify programe and you try to verify the work authorization of a K1 visa holder it will come back as "Not Authorized for work" This has happened many time in our HR department over the last 2 months.

The EAD stamp on a I-94 for a K visa holder is no longer accepted for the requirments of the I-9.

[Chica Yeyé 41]

I-551 stamp is the immigrant visa; which she does not have.

[payxibka 10,045]

I-9 will not be a problem, my office handles dozens of them weekly.

First page, Section 1, above the signature and date: Check the box, An alien authorized to work, Alien # or Admission # until (if applicable)

Acceptable documents LIST A, use number 3, her passport with the EAD stamp (I-551 stamp)

Go ahead, get to work like the rest of us!

Then your office is not complying with the rules for acceptable documents for the I-9, as already stated the OP is on a non-immigrant visa (K1) and does not have a I-551 stamp so she can not tick #3, as for #5 she can not tick that one because K1 visa holders do not have a visa that is approved for work for a specified employer.

You need to read the Employers handbook for a list of acceptable documents and the description that explains each one. If your company has signed up for the E-Verify programe and you try to verify the work authorization of a K1 visa holder it will come back as "Not Authorized for work" This has happened many time in our HR department over the last 2 months.

The EAD stamp on a I-94 for a K visa holder is no longer accepted for the requirments of the I-9.

exactly

[Surf2Salsa 0]

What she got is NOT the I-551 stamp (#3) but the stamp as listed on #5.

#3 is for ONLY immigrants... as she is a "K" visa holder which is nonimmigrant

She's fine with what she has. She has identification, social security number, and employment authorization.

I deal with these all the time, and with employees and employers trying to circumvent the process.

If she has any problem, then the problem is the person receiving the form on the other side.

Read the I-9 instructions, even a receipt for a replacement document not available to the employee is acceptable.

I saw one incident where a human resource person insisted on a green card for a young lady born in Puerto Rico.

[TayRivers 4]

What she got is NOT the I-551 stamp (#3) but the stamp as listed on #5.

#3 is for ONLY immigrants... as she is a "K" visa holder which is nonimmigrant

She's fine with what she has. She has identification, social security number, and employment authorization.

I deal with these all the time, and with employees and employers trying to circumvent the process.

If she has any problem, then the problem is the person receiving the form on the other side.

Read the I-9 instructions, even a receipt for a replacement document not available to the employee is acceptable.

I saw one incident where a human resource person insisted on a green card for a young lady born in Puerto Rico.

Sorry you are wrong....

Here is the info from the Employers Handbook..

27. Q. My employee has presented a foreign passport with a Form I-94 or I-94A (List A, Item 5) indicating an employment-authorized nonimmigrant status. How do I know if this nonimmigrant status authorizes the employee to work?

A.You, as the employer, likely have submitted a

petition to USCIS on a nonimmigrant worker’s behalf.However, there are some exceptions to this rule:

1.You made an offer of employment to a Canadian passport holder who entered the United States under NAFTA with an offer letter from your company.This nonimmigrant worker will have a Form I-94 or Form I-94A indicating TN status, and may present either a passport or a valid Canadian driver’s license in combination with Form I-94 or Form I-94A.

2.A student working in on-campus employment or participating in curricular practical training.(See questions 28 and 29.)

3.A J-1 exchange visitor.(See question 34.)

Most employees who present a foreign passport in combination with a Form I-94 or I-94A (List A, Item 5) are restricted to work for their petitioning employer.If you did not submit a petition for an employee who presents such documentation, then that nonimmigrant worker is not usually authorized to work for you.

The table below lists the nonimmigrant classifications that indicate that an employee is authorized to work incident to status. Such classifications will be indicated on Form I-94 or I-94A.

Classification Description

A-1, A-2 - Foreign Government Officials or employees of A-1 or A-2

A-3 - Employee of an A-1, A-2

E-1, E-2, E-3 - Treaty Trader/Investors

G-1, G-2, G-3, G-4 - Foreign representatives or officers of an international organization

G-5 - Employee of a G-1, G-2, G-3, or G-4

H-1B - Specialty Occupations, DOD workers

H-1C - Nurses in health professional shortage areas

H-2A - Temporary agricultural workers

H-2B - Temporary workers: skilled and unskilled

H-3 - Trainees

J-1 - Exchange visitors

L-1 - Intra-company transfers

NATO-1 to NATO-6 - Representatives to NATO

NATO-7 - Employee of NATO representative

P-1 - Individual or team athletes, entertainment groups, or artists

Q-1 - International cultural exchange visitors

R-1 - Religious workers

TN - NAFTA Trade visas for Canadians or Mexicans

You will note that a K1 is not listed..

http://www.uscis.gov/files/nativedocuments/m-274.pdf

[Surf2Salsa 0]

TayRivers, sorry to say, you’re wrong. The question you are quoting in the handbook relates to employment based visas. When I replied to this post I do so in haste, but I do know she’s authorized to work (based on the information provided, I haven’t seen her documents).

The whole purpose of an EAD stamp on an I-94 for a K-1 visa holder is? Is to authorize employment! EAD stands for Employment Authorization Document, the stamp creates the authorization and along with a Social Security Number, the immigrant is authorized to work, and in this case the authorization is valid until May 2010 giving the beneficiary ample to time complete the AOS process.

Her passport with the entry k-1 visa meets the List B requirement, and her EAD stamp on the I-94 meets List C, item 8 requirement. She’s authorized to work, period, the whole purpose of the I-9 form is to aid employers to comply with the law, and it is not designed to hinder employees authorized to work, to do so. You are reading portions of the I-9 instructions and the handbook in pieces and taking it literally. If you review the entire handbook and the I-9 instructions you will find that she meets the requirements. As a matter of fact a receipt for the procurement of a replacement document by a potential employee to be employed for more than 3 days is acceptable.

I’m an accountant and tax preparer, we also process payroll and payroll taxes in our office. Part of what we do is ensure that our clients are in compliance. I’ve been dealing with federal and state agencies for almost thirty years. I’ve had state and federal agents in my office, reviewing records of clients. I’ve handled hundreds of federal and state audits. I am not an immigration expert, and I’m not claiming to be one. But when it comes to accounting and taxation, I know what I do and I do it well.

[Usui Takumi 1,562]

I thought that all employers have to use the E verify system? My understanding was that the E verify, itself, killed the EAD stamp because it doesn't have the required bar code or some such digital info. But I guess if you can still do it the old fashion way then I guess the stamp will still work.

[Surf2Salsa 0]

I thought that all employers have to use the E verify system? My understanding was that the E verify, itself, killed the EAD stamp because it doesn't have the required bar code or some such digital info. But I guess if you can still do it the old fashion way then I guess the stamp will still work.

Right from the e-verify portal:

E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.

Federal Contractor rule delayed until September 8, 2009

The effective date of the final rule requiring certain federal contractors and subcontractors to use E-Verify has been delayed until September 8, 2009.

The rule will only affect federal contractors who are awarded a new contract after September 8, 2009 that includes the Federal Acquisition Regulation (FAR) E-Verify clause (73 FR 67704).