My working authorization stamp from JFK is ready to expire on May 6th 2008 and I was offered an excellent full time postion recently at a great company. If I do not get my EAD card by next week I may lose this job. We called the USCIS to make a status inquiry regarding our case and a gentleman told me that in section 2 of the I9 form that it is ok to work as long as you can prove that you applied for your EAD card. I am nervous about taking this chance. Can anyone help with any suggestions or give me a directions or have any information to share regarding this.

An employer will usually ask you for proof of (current) DHS authorization to work if you present a restricted SS card. Since you don't have one, then your employer might find it a problem to hire you.

I think this is the section the USCIS is referring to:

"Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days."

The question is that after your temporary "stamp" on your I-94 expires and before you are approved for EAD card, are you authorized to work?

The 1-800 is not called the Mis-info line for nothing.... that catagory is for people who have lost their EAD and have applied for a new one.... it is not for people who are still waiting for initial approval of EAD.... the temp EAD you got at JFK is not linked to the EAD tou apply for along with AOS.... they are under 2 diffrent catagories...


Kez/Jwolf

Yes, this is the question am I authorized to work during this time or will it jepordize my case?

You should possibly request an Infopass appointment, they may be able to help you out faster......
Good luck!

No, you are not authorized to work in the between between the expiration of your team EAD stamp on your I-94 and receiving your actual EAD card.

If you start work based on your team EAD stamp, the employer is obligated to record the expiration date of your authorization on the I-9, and has to reverify yoiur authorization using Section 3 of the I-9 no later than the date of your expiration as originally marked in Section 2. If you do not have valid proof of authorization when reverification takes place, the employer must stop employment.

You aren't authorized to work.

But it likely won't jeopardize your case. Applicants for status adjustment are not penalized for illegal employment.

Your potential employer though is on the hook if you can't produce proof of your legal authorization to work. Not a really great way to start out a relationship with a new employer.

This is precisely why I refused to start looking for a job until I'd got the EAD card in hand, despite various members of my wife's family asking me loaded questions like "so when are you going to start looking for a job?"

anyway, i guess my point is that letting a job slip through your fingers isn't the end of the world. You're probably resigned to it by now. you know the score. Just look forward to the feeling of having that EAD card between your fingers, it so feels like the world is your oyster!

by the way, it took me less than a week to find a kick ### job after getting the card. this really is the land of opportunity

Could you set it up with your potential employer as an "unpaid internship" or volunteer for 90 days and then ask them to pay you a signing bonus of what your salary would have been for those 90 days once you are able to work legally?