Hi guys-
I have read the guides on AOS but I have a question. My fiance just got here 2 weeks ago and got a job today so he is working. Can someone explain to me if it is possible to work throughout AOS or does he have to stop? I read that you can file for EAD before AOS but it only lasts for 90 days.

Just hoping someone can explain what will probably happen to him if we file AOS in about a month... and what will happen with his work situation.

Thankssss!

Kisses,
Sarah

Did he get the Temp EAD at POE? if not he should not be working....

He can apply for EAD for K1 but it is only valid for 90 days from the day he entered and will take about 70 - 90 days to get....

The 1 year EAD you apply for at the same time as AOS and again takes 70 - 90 days to get... Most people dont bother with the temp EAD because they have to stop working when it expires and they are still waiting for the 1 year EAD to be approved..

Hope this helps

Kezzie

2 recent threads about this (there is a section for EAD just below the one for AOS)
http://www.visajourney.com/forums/index.php?showtopic=26382
http://www.visajourney.com/forums/index.php?showtopic=24525

Yes he got EAD at JFK.

Thanks!

So let's say we file for AOS 6 weeks after he has been here....

He has his EAD so he can still work with that until the 90 days are up? Then if he gets his EAD approved through our AOS papers there should not be too big of a gap or does he have to stop working all together no matter what after we file AOS?

Thanks,
Zarah

Hi sarah,

Congrats on your fiance's arrival! Omg, where and how and with whom did Hicham find a job so quickly!?

My fiance's been here a little over 2 weeks too and he also got a temp. EAD at JFK (though no job in sight). Thank you for starting this topic and asking this question; I was procrastinating doing it lol

Wellll honestly it is sheer luck.

I live in a very small non diverse town in California called San Luis Obispo just north of Santa Barbara and Hicham and I went to this English tutoring thing and we met a Moroccan man there! As it turns out his family own the Moroccan restaurant in town so he gave his new friend a call tonight and the man said come in right now and start working! So here I am at home and it doesn't even feel like he is in the US haha. We got really lucky and I'm happy because now he has something to do and can earn some money!

Good luck!!!

Congrats to you too with your fiance here, enjoy!

Sarah

AS he has the temp EAD he can work up to the date on his I-94... 90 days from entry... he will then have to stop working altogether until he gets his 1 year EAD that you file for with your AOS... it can take between 70 - 90 days from when you receive the NOA1 to actually get the EAD card... so even if you were to file for it today there is still going to be a gap where he wont be Work Authorized....

Good Luck

Kezzie

Gotcha... don't hurt me for asking this but the sooner we file the smaller the gap... is that correct?

Yes you got it...

Good Luck

Kezzie

Sarah, please dont let this process rush your marriage. I know your fiance wants to work and all but if you need the 90 days to make sure before you go to the next level then take the time. I know the 90 days is not suppose to be a filler but sometimes you need it.

I waited about 6 weeks before I decided to marry because I wanted to make sure my husband could adapt and feel somewhat comfortable. His well being was important to me.

Congrats and good luck thru the rest of this process.

Congrats to Hicham for getting a job, and hope that you can keep that gap as small as possible!

Thank you! I hope so too!

Sarah, I read somewhere here that someone from I think Baltimore local office told a VJ member if he already filed AOS/EAD before 90day EAD expires, he can continue to work even though he doesn't have the one year EAD yet. I am not sure how credible this info is, but nothing hurt to double check with your local office, or infopass. Good Luck.

Found the thred.

http://www.visajourney.com/forums/index.php?showtopic=20795

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Oops, Sorry. My niece was touching my computer and I don't know how to delete this post.

Thank you that's very helpful!

Ok, so here is the responds from someone who lived through this...

I..the immigrant got my Temp EAD at the Pacific Border Crossing in Blaine,WA on September 8th,2004

I applied for my SS# 1 week later.

I got a job 2 weeks later..

It's almost 2 yrs since that date and I am still working at the same job.

From the mouth of the Immigration officer..I can keep working even though my TEMP EAD expired as
my AOS had been filed and was being processed..

So, don't worry about, over analze it or stress about it..
Let him work..be happy and earn some money..

Why won't the US gov not want him to work..that mean no more taxes we are paying to them....

I swear, I would have gone nuts if I couldn't work.. It was such a relief to get the EAD..

I hope this helps!!

Cheers..
Leanne

Did anyone get this man's name and number so that if something goes south because he said the wrong thing you can contract him?

From the mouth of the Immigration officer..I can keep working even though my TEMP EAD expired as
my AOS had been filed and was being processed..

If the above statement is true then why do one have (option) to apply for a EAD and use it until the AOS is approved? HMM I know the Gov't is kind of backwards, but this one doesnt make any since to me.

So that will be why at my interview the USCIS officer asked me if I had done any work paid or unpaid before I got my EAD.... she just wanted to congratulate me..... I dont think so...

Its your call at the end of the day... but I for one dont not spend all the time and money just to Fcuk it up by doing something stupid... if you did not need a valid EAD to work then why do we all file for one and pay for one....

Kezzie

If you are filing for a RENEWAL EAD, you can continue to work whilst it is being processed. The temp stamp from JFK is an EAD under category (a6). The 1-year, "I'm doing AOS" EAD is category (c9). As such, it does not count as a renewal EAD and you should not work in the gap between the two. When you are renewing your category (c9) EAD pending AOS, that's a different story.

Remember that immigration "officials" cannot be held to advice they give you.

Thank you!

Hicham doesn't plan on working when is not supposed to- after temp EAD expires we just want to try to make that gap somewhat smaller!

Thanks
Sarah

The Immigration Officer I am talking about was the one at the Seattle INS office.

She was handling my AOS file, we had gone in for my AOS interview and since they hadn't
finished doing all my FBI checks they couldn't approve application.
I told her I was worried about my work situation and she said not to worry about it as
the AOS was being processed.


Good luck with your process and I hope all works out for you..

Cheers!
Leanne

As your interview was in Dec 2004 many thing have changed since then.... including the advice given at local offices.... I am sure the officer told what was right for that time but we are talking almost 2 years ago and as we all know thing change fast at USCIS just a shame the dont work as fast....

Kezzie

Oh man this is getting me confused ok so just to clear this up one more time

Hicham can work until his temp EAD runs out.
If we file for AOS EAD and AP let's say in the next 2 weeks... he can still work on his temp EAD until it runs out but after it runs out he has to wait for his EAD to be approved even if AOS is not approved yet.

I hope that's right cause that's what I had in mind!

Yes he can work until his temp EAD runs out..... an with a bit of luck he may have his 1 year EAD by then and wont have to stop work and wait...

Kezzie

Dear Kezzie,
Thank you for all of your help here! I'm sure you have rolled your eyes in seeing my quesions over and over so I really appreciate your help!!!

Kissies!