Hello everyone,

Can someone please clarify what happens in terms of work permits once you enter the U.S.? A previous post from today mentioned that your temporary work permit expires once you get married and then you'll have to wait to work while your AOS is being processed.

I am a little confused. What does this actually mean?

Thanks!

Lauren

You are permitted to work immediately upon entering the States on a K1 visa ONLY with an EAD stamp given at the airport. Currently, ONLY JFK gives that stamp (be sure to ask for it in case they don't give it). That is good only for 90 days. After arriving and getting married, you can file for the EAD (work permit), it takes about 90 days to come (or a lot longer or a little shorter...) and I believe it is valid for a year.

Bottom line: if you get the EAD stamp upon arriving, you can work for 90 days but then have to stop working until the EAD comes. If you don't obtain the EAD stamp at the airport, you are not permitted to work till your EAD application is approved.

Once the green card comes (approval of AOS or Adjustment of Status, application usually given at the same time as the EAD, after marriage), you can work in most places for the duration of the valid card.

Thank you for the information!

I'm not sure how many companies out there will like the idea of hiring someone who could potentially have to take a break from working if their green card doesn't make it before the 90 temp expires.

yuck. That will be no fun to explain in interviews! This process seems never ending right now...sigh.

Your best bet is with a company who have had experience like this in the past - my boss did the same thing and so was understanding. I made it absolutely clear in the interview what the situation was and they accomodated me. I also made it clear that the company would at no point be asked to financially support the process (they were more concerned with that than anything else).

Luckily, there was only a two week overlap where I had to take a break from work between my temporary EAD from JFK expiring and my receipt of the year-long EAD. So it wasn't so bad.

I got lucky, I have to admit. It may be that you aren’t as fortunate as I was (sorry if you’re not). I expected not to work until I had a more ‘permanent’ EAD but it’s funny how things work out sometimes. All you can do is try. Just make things clear every chance you get and good luck!