Full Version: Can work? Cannot work?
VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card
According to https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument, section C.1, it appears Natalia is temporarily authorized to work as a K-1 visa holder with a valid I-94, which she will have. This employment authorization is implicit without an Employment Authorization stamp. However, the same document, in section C.2, seems to say that Natalia does require a valid EAD if she is an applicant for adjustment of status. This is confusing to me. Does this mean that she can work on her K-1, but only until we make application for AOS? It seems so, but I want to get your opinion.
yes, work authorization is incidental to being a K1 until 1-94 expires, however the I-9 requires documents that you will not have.
QUOTE(AllenK @ Feb 20 2007, 10:36 AM) 
According to https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument, section C.1, it appears Natalia is temporarily as a K-1 visa holder with a valid I-94, which she will have. This employment authorization is implicit without an Employment Authorization stamp. However, the same document, in section C.2, seems to say that Natalia does require a valid EAD if she is an applicant for adjustment of status. This is confusing to me. Does this mean that she can work on her K-1, but only until we make application for AOS? It seems so, but I want to get your opinion.
She is authorized to work and she doesn't have to bring up "the 90 days limitation"
Read here "dr_Iha" posts http://www.visajourney.com/forums/index.ph...c=54269&hl=
Oh lord, here we go again.
If she goes through JFK and asks for the temporary stamp, then for the first 90 days she can work. It would mean getting married immediately so you can file AOS. You cannot file EAD without first filing AOS and you can't file that til you are married. It takes about 90 days for an EAD to be approved which is why some get married immediately upon entry and IF they get the stamp at JFK. I do believe JFK is the only POE that gives out the temporary employment stamp too.
If she goes through JFK and asks for the temporary stamp, then for the first 90 days she can work. It would mean getting married immediately so you can file AOS. You cannot file EAD without first filing AOS and you can't file that til you are married. It takes about 90 days for an EAD to be approved which is why some get married immediately upon entry and IF they get the stamp at JFK. I do believe JFK is the only POE that gives out the temporary employment stamp too.
The K1 is authorized to work. For comparison's sake, a tourist visa is NOT authorized to work.
BUT, in order to work, the K1 holder must have authorization to work to show an employer.
Unless you receive this temporary stamp in your I-94 at the POE, you have to apply for it after marriage and wait until you receive the card. Some employers might choose to hire you without the card - it's their risk.
BUT, in order to work, the K1 holder must have authorization to work to show an employer.
Unless you receive this temporary stamp in your I-94 at the POE, you have to apply for it after marriage and wait until you receive the card. Some employers might choose to hire you without the card - it's their risk.
QUOTE(Emo @ Feb 20 2007, 11:15 AM)
QUOTE(AllenK @ Feb 20 2007, 10:36 AM)
According to https://s044a90.ssa.gov/apps10/poms.nsf/36f...b4?OpenDocument, section C.1, it appears Natalia is temporarily as a K-1 visa holder with a valid I-94, which she will have. This employment authorization is implicit without an Employment Authorization stamp. However, the same document, in section C.2, seems to say that Natalia does require a valid EAD if she is an applicant for adjustment of status. This is confusing to me. Does this mean that she can work on her K-1, but only until we make application for AOS? It seems so, but I want to get your opinion.
She is authorized to work and she doesn't have to bring up "the 90 days limitation"
Read here "dr_Iha" posts http://www.visajourney.com/forums/index.ph...c=54269&hl=
Read the whole thread. I believe we concluded that work authorization, not just the K1 visa itself, is necessary.
haha ....lets hope this thread dies a fast death.
QUOTE(jane2005 @ Feb 21 2007, 10:16 PM)
haha ....lets hope this thread dies a fast death.
Let’s hope someone benefits before that.
QUOTE(kitkat1 @ Feb 21 2007, 02:48 AM)
The K1 is authorized to work. For comparison's sake, a tourist visa is NOT authorized to work.
BUT, in order to work, the K1 holder must have authorization to work to show an employer.
Unless you receive this temporary stamp in your I-94 at the POE, you have to apply for it after marriage and wait until you receive the card. Some employers might choose to hire you without the card - it's their risk.
BUT, in order to work, the K1 holder must have authorization to work to show an employer.
Unless you receive this temporary stamp in your I-94 at the POE, you have to apply for it after marriage and wait until you receive the card. Some employers might choose to hire you without the card - it's their risk.
I agree totally. The only way you can work on a K1 without the EAD is if an employer is willing to ignor the I9 requirments, which many will not be willing to do. Best to just get the EAD, I just got mine and it feels good to get it let me tell you.
QUOTE(nathmc31 @ Feb 23 2007, 02:29 PM)
The only way you can work on a K1 without the EAD is if an employer is willing to ignor the I9 requirments,
Not the only way.. some K-1s get an employment authorization STAMP on the I-94 when they enter the US. This is a valid Employment Authorization Document (use on the I-9). the stamp is most commonly available at JFK airport, but some other airports occasionally kick down, and some of the northern land crossings.
If a K-1 applied for an EAD based on their K-1 status, it will probably not arrive in time for it to be of any use (EAD takes 90 days turnaround). That EAD will only be valid for the first 90 days after entry.
A K-1 can apply for a 'normal' EAD after marriage, as a part of her AOS application. That EAD is valid for one year.
QUOTE(meauxna @ Feb 24 2007, 09:48 AM)
QUOTE(nathmc31 @ Feb 23 2007, 02:29 PM)
The only way you can work on a K1 without the EAD is if an employer is willing to ignor the I9 requirments,
Not the only way.. some K-1s get an employment authorization STAMP on the I-94 when they enter the US. This is a valid Employment Authorization Document (use on the I-9). the stamp is most commonly available at JFK airport, but some other airports occasionally kick down, and some of the northern land crossings.
If a K-1 applied for an EAD based on their K-1 status, it will probably not arrive in time for it to be of any use (EAD takes 90 days turnaround). That EAD will only be valid for the first 90 days after entry.
A K-1 can apply for a 'normal' EAD after marriage, as a part of her AOS application. That EAD is valid for one year.
Thats true, but the OP is talking about working without the Stamp. So I thought I would not worry about mentioning the stamp. Just for the record San Francisco international offered the stamp to me but I would have had to wait a while for it the guy said so I didnt take it.
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