isn't it that A k1 visa is not allowed to work unless if she got an EAD..
is there a real exemption to that? because for what I believe EAD is a must and working without EAd could possibly result to deportation or AOS denial.
thank you so much!.. i want to hear your opinion
Full Version: no EAD, no work for K1
VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card
The stamp on the back of her I-94 is a Temp EAD and is good for work until the date it expires...
Kezzie
Kezzie
thank u Kezzie
By the way, USCIS intends to propose eliminating employment eligibility of K1 holders See this USCIS response to the Ombudsman's recommendations.
mrs.kpride8,
Your friend is not exempted from needing an EAD by that stamp on the back of her I-94 - that stamp makes the I-94 a valid EAD.
Beyond that, my understanding is that a K1, being EA, can work for up to 90 days without an EAD as long as they have applied for an EAD. I-9 tells us that if a person is employment authorized, and K1s are employment authorized incident to status (that's why the SSA will issue a SS card to them), they have 3 days to show the employer a receipt for the EAD application and 90 days to show the employer the EAD. That 90 days to show the EAD is more than adequate for a K1 since their K1-based EA will expire before or at the same time as the deadline for showing an EAD. [Edit: I observe that some of what I have written in this paragraph is contrary to what is written in the Director Gonzalez' response to the USCIS Ombudsman. I concede to Gonzalez.]
Working without an EAD will not result in denial of adjustment. (Nor will working without EA, for that matter, for a person who is applying for adjustment on the basis of marriage to a US citizen.) Although, the employer may be open to some trouble if it fails to properly document its' employee's employability.
Yodrak
Your friend is not exempted from needing an EAD by that stamp on the back of her I-94 - that stamp makes the I-94 a valid EAD.
Beyond that, my understanding is that a K1, being EA, can work for up to 90 days without an EAD as long as they have applied for an EAD. I-9 tells us that if a person is employment authorized, and K1s are employment authorized incident to status (that's why the SSA will issue a SS card to them), they have 3 days to show the employer a receipt for the EAD application and 90 days to show the employer the EAD. That 90 days to show the EAD is more than adequate for a K1 since their K1-based EA will expire before or at the same time as the deadline for showing an EAD. [Edit: I observe that some of what I have written in this paragraph is contrary to what is written in the Director Gonzalez' response to the USCIS Ombudsman. I concede to Gonzalez.]
Working without an EAD will not result in denial of adjustment. (Nor will working without EA, for that matter, for a person who is applying for adjustment on the basis of marriage to a US citizen.) Although, the employer may be open to some trouble if it fails to properly document its' employee's employability.
Yodrak
QUOTE(mrs.kpride8 @ Oct 18 2006, 05:58 PM) 
isn't it that A k1 visa is not allowed to work unless if she got an EAD..
i have a friend who keeps on insisting that she is allowed to work because an Immigration officer stamped at the back of her I-94 "authorized to work 'til dec.19, 2006" which is the expiration date of her I-94.
I told her that nobody is exempted to that rule (no EAD no work for K visa) but she said she is "exempted" because her prospect employer accepted the stamp in her I-94..
is there a real exemption to that? because for what I believe EAD is a must and working without EAd could possibly result to deportation or AOS denial.
thank you so much!.. i want to hear your opinion
i have a friend who keeps on insisting that she is allowed to work because an Immigration officer stamped at the back of her I-94 "authorized to work 'til dec.19, 2006" which is the expiration date of her I-94.
I told her that nobody is exempted to that rule (no EAD no work for K visa) but she said she is "exempted" because her prospect employer accepted the stamp in her I-94..
is there a real exemption to that? because for what I believe EAD is a must and working without EAd could possibly result to deportation or AOS denial.
thank you so much!.. i want to hear your opinion
is this already implimented?
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