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VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

FaustineJason
Hello everybody,
I know there have already been many discussions about EAD and POE. But I am kind of lost there unsure.gif
As far as I understood, JFK is the only POE where the K1 holder can ask for a work authorization EAD.
However, I don't understand something: Imagine I enter unpon K1 at JFK POE. I get the EAD stamp and I am lucky enough to find a job the following days. Then, 15 days later, we get married. Is EAD still valid after marriage? I understood that once you get married, you apply for AOS and EAD, and so the EAD you got at POE is not good anymore. Thi pretty much means you've got to quit your job waiting for being approved for the new EAD???? In this case, I understand it would be better not to have the EAD stamp at the POE, and get married right after arrival in the USA and then apply asap to AOS and EAD. Am I right??
OR, is EAD valid for 90 days no matter what? Even after getting married?? And in this case, the best is also to get married as soon as possible in order to get a chance to have the EAD faster...
And what would happen in case I go through JKF, get my EAD stamp, find a job, get married, but new EAD arrives after the 90 day validity of EAD stamp?? Would this mean I have to quit my job???

Thanks for you help and advices.. This is a bit confusing.
Have a enchanting day star_smile.gif

Faustine
YuAndDan
JFK Temp EAD is valid until the I-94 expires 90 days after entry.

The employer is responsible to verify employment eligibility, so it is up to them to lay you off, not your responsibility to quit.

Kez/JWolf
If you use JFK as your POE and you get the EAD stamp you are authorized to work for 90 days from the day you entered the US.... it does not expire when you marrry it expires on tyhe same day your I-94 expires (90 days after entry).... if you do not file for AOS right away then when your EAD stamp expires you will no longer be authorized to work.... you will have to wait for the 1 year EAD that you will apply for along with your AOS.... so yes applying for AOS and EAD as soon as you can will shorten the time it will take for you to get the 1 year EAD... it you do not have it approved before the 90 days stamp expires then there will be a gap where you are not authorized to work....


Hope this helps

Kez
FaustineJason
Hey, many thanks to you! That makes more sense now... If I really want to work asap, I guess it would be better to go through JFK POE to get the EAD stamp then. Is it the only POE that grants this stamp??
Thanks!
YuAndDan
QUOTE(FaustineJason @ Mar 24 2008, 04:48 PM) *
Hey, many thanks to you! That makes more sense now... If I really want to work asap, I guess it would be better to go through JFK POE to get the EAD stamp then. Is it the only POE that grants this stamp??
Thanks!


Only one reported regularly that MAY stamp passport EAD is JFK.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

FAQ: 5.5)...Is there any way I can make absolutely, positively sure that my fiance(e) will receive work authorization so that they can go to work and help to pay the bills right away?

A..No.

http://www.visajourney.com/faq/k1k2visa-enter.html#5.5

Only marriage visas that guarantee work authorization upon entry to the USA are IR-1 and CR-1 Immigrant visas.
Omoba
Yes it is the only POE that grants the stamp. Some never realize they have it and were not told until one day they turn over to where the stamp was all along and some have to ask for it.

I have a question, how does the SSN figure into all of this ? Don't you have to have the SSN before you can use the POE EAD ?
YuAndDan
QUOTE(Omoba @ Mar 24 2008, 05:08 PM) *
Yes it is the only POE that grants the stamp. Some never realize they have it and were not told until one day they turn over to where the stamp was all along and some have to ask for it.

I have a question, how does the SSN figure into all of this ? Don't you have to have the SSN before you can use the POE EAD ?
Most employers will need SSN inorder to do income taxes, many will hire if you show EAD and evidence that an SSN has been applied for, they will expect SSN to be given to then as soon as you have the card.


Kez/JWolf
QUOTE(Omoba @ Mar 24 2008, 05:08 PM) *
Yes it is the only POE that grants the stamp. Some never realize they have it and were not told until one day they turn over to where the stamp was all along and some have to ask for it.

I have a question, how does the SSN figure into all of this ? Don't you have to have the SSN before you can use the POE EAD ?



Yes you still have to apply and recieve a SSN before you can use the EAD stamp to get a job.... SSA says you just have to applied for it but there are not many employers who will employ you without first having a SSN...

it can take anything from 10 days to 3 months to get your SSN...

Kez
FaustineJason
What exactly means "may" receive the EAD from JFK POE?? Does this mean that it is possible that they don't give us the stamp even if we go through this only POE that is supposed to give EAD??
Another thing about SSN: We need a SSN to be able to use the EAD stamp, right?? And it is said that getting SSN can take from 10 days to 3 months?? So if it takes a long time, getting EAD at POE is pretty much not worth anything... Am I correct?
Oh my!! This is such a headache!!! mad.gif
YuAndDan
QUOTE(FaustineJason @ Mar 24 2008, 06:57 PM) *
What exactly means "may" receive the EAD from JFK POE?? Does this mean that it is possible that they don't give us the stamp even if we go through this only POE that is supposed to give EAD??
Another thing about SSN: We need a SSN to be able to use the EAD stamp, right?? And it is said that getting SSN can take from 10 days to 3 months?? So if it takes a long time, getting EAD at POE is pretty much not worth anything... Am I correct?
Oh my!! This is such a headache!!! mad.gif
Giving EAD is optional, that is why virtually all POE have discontinued doing it. JFK can discontinue it too.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

SSA will issue an SSN to any K-1 visa holder, EAD stamp not required, SSA will do this up to 76 days after entry on K-1 visa.
Johnnie Oz
QUOTE(Omoba @ Mar 24 2008, 04:08 PM) *
Yes it is the only POE that grants the stamp. Some never realize they have it and were not told until one day they turn over to where the stamp was all along and some have to ask for it.

I have a question, how does the SSN figure into all of this ? Don't you have to have the SSN before you can use the POE EAD ?



Recently someone got it at San Francisco International.

Read about it on their profile and the POE review in the timeline.

Yes, it seems that they got lucky, but hey....

PS just saw this too: so Vancouver International has been giving it out as well. Ie, not just Canadian land crossings.
beejay
I don't know if this is helpful but my husband (then fiance) and I went through immigration at JFK and received the work auth. stamp in his passport. It's a small pink stamp on the reverse side of the I-94 that can be easy to miss. I have read on here that just having the K-1 visa qualifies you to work for the 90 days that it is valid but I'm not sure how true that is.

After we got married my husband then applied for his SSN. He received his SSN a couple of weeks later and then applied for a job and is now working. The company hired him based on that stamp and my husband told them his permanent employment authorization was in process. That was enough for them and they haven't asked any questions since. It was lucky for us as we moved together from Dubai and both had to search for jobs. We were quite relieved that at least one of us was able to find a job quickly smile.gif So in our case it was very helpful to have that stamp.

It also did give my husband piece of mind that he was able to go out and look for a job. It definitely helped ease the transition that he was able to go out and work and not have to sit around the house all day.

Good luck making your decision!

-b
ddkm
I was in a similar situation, got the EAD from JFK and started looking for jobs as soon as i got settled. I have a really good job and they know that i am currently only legal til middle of april but that the work permit is being processed. If it doesnt come before the deadline then i will just have to take a leave of unpaid absence, as i spoke about this with the employer from day one.
I still think that the temp EAD is useful....if you are proactive enough to go and find a job quickly!
Johnnie Oz
QUOTE(Johnnie Oz @ Mar 25 2008, 04:44 PM) *
QUOTE(Omoba @ Mar 24 2008, 04:08 PM) *
Yes it is the only POE that grants the stamp. Some never realize they have it and were not told until one day they turn over to where the stamp was all along and some have to ask for it.

I have a question, how does the SSN figure into all of this ? Don't you have to have the SSN before you can use the POE EAD ?



Recently someone got it at San Francisco International.

Read about it on their profile and the POE review in the timeline.

Yes, it seems that they got lucky, but hey....

PS just saw this too: so Vancouver International has been giving it out as well. Ie, not just Canadian land crossings.


And someone at Tampa International got the EA Stamp as well...

So let's not be so categorical re: "only JFK"...yes, it appears to be the only place that does it regularly but with with recent cases at Tampa, San Francisco as well as rumors Canadian airports and land borders, you just never know. Always ask!


FaustineJason
QUOTE(Johnnie Oz @ Mar 26 2008, 08:47 PM) *
QUOTE(Johnnie Oz @ Mar 25 2008, 04:44 PM) *
QUOTE(Omoba @ Mar 24 2008, 04:08 PM) *
Yes it is the only POE that grants the stamp. Some never realize they have it and were not told until one day they turn over to where the stamp was all along and some have to ask for it.

I have a question, how does the SSN figure into all of this ? Don't you have to have the SSN before you can use the POE EAD ?



Recently someone got it at San Francisco International.

Read about it on their profile and the POE review in the timeline.

Yes, it seems that they got lucky, but hey....

PS just saw this too: so Vancouver International has been giving it out as well. Ie, not just Canadian land crossings.


And someone at Tampa International got the EA Stamp as well...

So let's not be so categorical re: "only JFK"...yes, it appears to be the only place that does it regularly but with with recent cases at Tampa, San Francisco as well as rumors Canadian airports and land borders, you just never know. Always ask!


As I really want the EAD stamp and I'd like to go through Anchorage POE, I think I am going to find a way to call them there and ask if there is a way that they give me this stamp when I come with my K1 visa... If they don't, well, I will have to be patient and get through JFK before going to Alaska!
Earmuffs
vancouver airport has given it out too..
jundp
QUOTE(Earmuffs @ Mar 26 2008, 08:55 PM) *
vancouver airport has given it out too..



Just curious as to how Edmonton or Vancouver can give out a US work authorization?
P is flying into Vancouver and we're driving through the Peace Arch.

There are US customs and immigration people at Vancouver?!

Confused.....
RaTBoX
QUOTE(jundp @ May 3 2008, 02:00 PM) *
QUOTE(Earmuffs @ Mar 26 2008, 08:55 PM) *
vancouver airport has given it out too..



Just curious as to how Edmonton or Vancouver can give out a US work authorization?
P is flying into Vancouver and we're driving through the Peace Arch.

There are US customs and immigration people at Vancouver?!

Confused.....


There are US Immigration Inspection points at these locations. Instead of being processed after landing, you get processed before you take off. This happens in a few other places too, like Ireland.
jundp
Oh I see. So if you are flying in and then driving across the border you wouldn't be processed?
RaTBoX
QUOTE(jundp @ May 3 2008, 02:14 PM) *
Oh I see. So if you are flying in and then driving across the border you wouldn't be processed?


You'd be processed at the US Immigration Border Crossing point when you drove. Landing into Vancouver won't get you processed as you've landed in Canada. The only way you'd be able to get processed in Vancouver is if you were then to catch an onward flight from the airport that was destined for somewhere in the United States.

If Vancouver is your final destination as far as your flights go, then you won't be processed there.
Texanadian
I've flown through Vancouver airport a million times over the years. Have entered US customs going to the USA and Canada customs coming back from the US there.

I'd ask around at the airport about getting the stamp. See if you can talk to any of the custom agents. Worth a shot.

I do know that the Peace Arch border crossing does not give out the stamp. (Went through it myself). I don't know if the truck crossing right next door offers it or not.
Damian&Kelly
is it worth asking for the stamp? I mean if you ask and they have it will it be given?
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