hi everyone,,
i know this topic is redundant but im still confused coz the people who posted have different answers..

I wanted to know if the K1 can work here in USA.. (don't have ead yet)

I got calls from employers but I'm scared to go to the job interview because my SSN is restricted... it says "valid to work with authorization from DHS".
I dont have temp EAD stamp coz I went Minneapolis POE and they don't issue ead stamp...

Some says, K1 can work within 90 days even without EAD, and need EAD after 90 days, is this true? or just rumor?
And is it possible to work if the employer is a friend and EAD is not important for them.. do I will fall under "working illegally"? and I will be deported if I will be caught? wahhhh scary

proven inputs and advices are really appreciated... thanks..

hi everyone,,
i know this topic is redundant but im still confused coz the people who posted have different answers..

I wanted to know if the K1 can work here in USA.. (don't have ead yet)

I got calls from employers but I'm scared to go to the job interview because my SSN is restricted... it says "valid to work with authorization from DHS".
I dont have temp EAD stamp coz I went Minneapolis POE and they don't issue ead stamp...

Some says, K1 can work within 90 days even without EAD, and need EAD after 90 days, is this true? or just rumor?
And is it possible to work if the employer is a friend and EAD is not important for them.. do I will fall under "working illegally"? and I will be deported if I will be caught? wahhhh scary

proven inputs and advices are really appreciated... thanks..

that part is definately true. I know you see alot of debate about it, but for all pratical purposes, for continous employment you'll need an EAD or green card.

I know you see a lot of debate about this because, well.. frankly, I think people will do what they want to do and will try to find reasons to justify their wanted actions BUT...

Roy is right. Technically you cant work until you receive your EAD or green card. And technically it would be illegal and you are subject to deportation if you work even for a friend without EAD or green card.

But then again, if you work for a friend without EAD or green card, and this friend does not report your income, the chances of you getting caught by IRS or INS is so remote.

Not telling you what to do. Im just telling you how things are. :-)

Nope u cannot work without EAD.

Hi.
You cannot work legally in the U.S. until you have EAD (work authorization) or a green card and a SSN.
Working for a friend who "doesn't care if you have EAD or not" is illegal as well.
You have to get married, file for AOS and at the same time file for EAD and AP.
Wait until you have your EAD in hand and then you may begin going to job interviews for work.

There are some people who get the EAD stamp when they enter but that is only good for 90 days...you need to have your EAD processed in order to be able to work legally.
Don't burn your bridges.

You should still be able to go on interviews as long as you let them know you are waiting for your employment authorization. I guess it would depend on your field and whether a prospective employer is willing to wait....

Thnx for clarifying yah i do understand it now..
YAh i will wait for EAd, we will file AOS next week...

Thnx a lot pretty Laura

thnx also to mossycouple

Apparently a K-1's I-94 = EAD stamp. Please see this post: http://www.visajourney.com/forums/index.ph...t&p=1880480

With an unexpired I-94, we can get an SSN and work until our I-94 expires. After that, we need a regular EAD.

If you check the SSN guide, there is a document there that clearly states that a K-1 is work authorized with an unexpired I-94 in lieu of an EAD. You will have to stop working once the I-94 expires and then start working again once you get your EAD.

I put a link to my post about it in your other thread.

Take care!

Look at this logically. You don't need an SSN to work, but it's pretty hard to find someone that will hire you without one. So it's going to take a week or two at the least to get an SSN. It's going to take some time to find a job. So with settling in, planning wedding, getting SSN and finding a job, you probably have blown a month.

If you can work with K-1 status (which hasn't been proven 100% either way) you could only work until the K-1 status expires in 90 days, so even if you do get an SSN and find a job, you will need to stop work once the 90th day after entry comes. So is it worth going to all the trouble of finding a job that you like and having to quit in a couple months.

Apply for the SSN, get married, submit the AOS and EAD application and it the meantime read a book or plant some flowers.

Galateia, the SSN guide or memo in that link you provided is eight years old. With all due respect, that is eons in the world of immigration. Do you know of any current info like this.

I'm asking because I believe what you pointed out was the policy a few years ago. Although this still works in a minority of cases, USCIS' current policy is not to do this.

Here's a more recent link or documentation directly from USCIS' website.

http://www.uscis.gov/files/article/EIB108.pdf

If you see on section "TEMPORARY, UNRESTRICTED EMPLOYMENT". It says aliens awaiting adjustment of status, like K-1 visa holders, must use EAD as evidence of work authorization.

And on section "TEMPORARY, RESTRICTED EMPLOYMENT (EMPLOYER-SPECIFIC)", it says that some visa classification can present their I-94 as valid evidence of work authorization. But as you can see, K-1 visa holders are not one of them

So it's still as clear as mud. Perhaps this document should be removed from the SSN guide then?

My POE was Detroit and I specifically requested an EAD stamp and the Customs officials (I made my processor double-check with a senior officer) repeatedly confirmed that what they were giving me (an I-94 with an expiry date) was the current equivalent and would give me permission to work until the I-94 is expired.

Like I said earlier...

Also, I have no doubt that what you did worked. And I have no doubt that even now, many can get away with just an I-94. Immigration issues and inconsistensies tend to go together.

But the OP is asking for proven input and advices. The best proven input and advice I could give was a link from USCIS. A document from USCIS to employers on what type of documentation to look for.

It's not really muddy at all, the link from USCIS clearly states that for aliens awaiting adjustment of status, like K-1, employers should look for EAD. It did not say that an I-94 is ok in case the applicant does not have EAD.

However, it did say that an I-94 is ok for Aliens granted employer-specific employment-based classifications such as A-1, A-2, H-2b, etc. K-1 visas are not employment based classifications.

I think you should look at the Social Security Website... https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1

The state department website http://travel.state.gov/visa/immigrants/ty...types_2994.html

Can a K-1 Visa Holder Work in the United States?

As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). For more information see How Do I Get a Work Permit (Employment Authorization Document)? http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You can work up to the end of the I-94.

The best bet is to call the USCIS and verify with them.

Good luck.

I want to say something different.

To the OP, you just arrived here, just got married so don't even think about work yet. Enjoy your time with your husband and the new life you have here. I am sure you will file your AOS soon. .and the EAD comes quick so to be on the safe side. . just wait for it.

You're taking information from that post out of context.

Firstly, the pdf document the post links to is an SSA internal memo. The social security agency has no jurisdiction over you being legally authorized to work. That memo is saying that the SSA will recognize you as work authorized so you can be given a social security number, but it's got nothing to do with your actual work status when coming to find a job. It's just how the SSA sees you.

The document proves nothing about US immigration allowing anyone to work.

Now have a read of this post. (It saves me copying and pasting the information I originally posted).

When discussing weather or not K1 holders can work without first obtaining an EAD, many people cite the SSA policy that is linked to above.

What people forget (or don't realize) is that the Social Security Agency has no jurisdiction over your employment authorization as an immigrant. Just because the SSA says something in a memo or a policy doesn't mean it makes it legal.

The SSA policy is the rules that the SSA will follow. The policy is saying that the SSA recognizes K1 holders as work authorized so they can obtain a social security number. Just because the SSA recognizes you as work authorized for social security purposes doesn't mean you can legally accept a job without an EAD.

Have a look at this post. In it I have highlighted the relevant parts of the Code of Federal Regulations (basically the administrative law that the USCIS must follow) which explain the rules for immigrants who want to work, specifically K class visa holders.

Remember, to work you need to meet the requirements of the I-9, and the only way a K1 holder can do that is with an EAD. As the CRF states (see the post I linked to) a K1 holder, which work authorized incident to status, MUST obtain documentary proof of that work authorization from USCIS (and that would be in the form of an [a][6] EAD which lasts for 90 days, or the EAD stamp on an I-94 (this is an [a][6] EAD just in stamp form).

TO all:
Noel & Tintin
Ratbox
jom
jundp
lee_joy
ikhing
roy & yazi
galateia

THank u very much for the time..

I think my decision now, is not to work yet... we will sent AOS next week, so I will just wait for my EAD..

the reason why i wanna work soon, coz my husband will be working in the place wherein they will hire me too, (coz they are family friends) so they can wait for my EAD while im already there working.. (it's really a good deal... instead of seating all day at home and wait for my husband,, but instead I can go to work with him, so we will be together everyday this situation is really tempting to me,,, but Im scared also coz of this k1 & EAD stuff.

So are you saying you're going to wait for your [c][9] EAD that you applied for with your AoS application, or you're going to work before it arrives because you're working for family friends?

While I won't tell you what to do one way or another, I'll just point out that working without an EAD is against immigration law for someone in your status. When you start work, you legally have 3 days to complete an Employment Eligibility Verification Form (I-9), It's the companies responsibility to make sure that you're legally authorized to work. If they complete their part of the I-9, and employ you even though you're not authorized, and get caught during a Department of Labor audit (or some other reason) then they will be in a fair bit of trouble.

You takes your pick and takes your chances, as they say.

I believe the OP is very clear with her decision to wait for her EAD. Smart decision. Goodluck to you

===================================
Thnx for the reminders..

nope, I mean I will work until I will have EAD, i will just wait for it coz we will file AOS next week,, maybe it's not too long wait ...

THnx ate Myla i already knew ur name

To all:

Thank you very much for the reply

It was the bit that said "so they can wait for my EAD while im already there working" which made me think that she was considering working without the EAD.

First time I have seen that, but one thing to remember, when a K-1 applies for an SSN and presents the I-94, they are assigned an SSN because immigration says they are employment authorized. Haven't seen anything in writing as to why immigration gives that response without an EAD having been provided.

Sorry, I am just trying to follow the chain of logic here.

What response from immigration have you seen nothing in writing about? Is it why immigration allows SSA to see K1 holders as work authorized?

Not saying you're wrong, just got confused reading the post.

A K-1 is not assigned an work authorized SSN unless SSA can verify them as being employment authorized and the SAVE queries and G-845s come back normally as temporary employment authorized with only having provided the I-94. So they are not providing SSA that response just to be nice, it has to be based on something.

Well USCIS does classify K1 holders as work authorized as per CRF8.274.12a. It states you need an EAD to be able to accept employment, but you're work authorized incident to your status as a K1 holder. I assume that's what it's based on, and that the CFR is worded such to allow K1 holders to obtain a Social Security Number as some states require it to get married.

I was just pointing out the legality of Prmie's question but this is probably the best advice. he he.

And good luck Primie.

Primie.. i would check with your local Social Security office there in NC and they should be able to answer ur questions or if not they will know who you can call for answers.. Good Luck .. and Welcome to USA

hi there....i saw that you already have your driver's license and sent in your AOS already....I am about to do the same but i want to ask you first...where did you get your I-693A (the supplement to I-693) and how did you go about applying for your learner's permit for driving...hope i'm not too much trouble, hehe

and congrats on your wedding on the 26th!

zen

thanks

i went to uscis civil surgeon, i brought my vaccination records given by St. Lukes, the doc gave me TD shot and varicella and then transcribed all my vaccine records in the form I-693a.. they sealed it but they gave me a copy..

i applied for the learner's permit in DMV, i took the visual and written exam... (passed)

requirements:
state id
SSN
passport,visa, not expired 1-94
fee: $15

do you SSN already and state id?

ssn requirements:
passport/visa,1-94
marriage certificate (if u want to use married name)

state id requirements:
passport,visa, unexpired 1-94
marriage certificate
fee: $20

goodluck

if u have more questions, just pm me