Is the Provisional Permanent Resident Card the same as the Employment Authorization Document?


Rather confusing: Instruction for EAD are fairly clear that one may submit application for EAD with I-485 Adjustment of Status. The confusion arises why does a spouse need EAD if the spouse will receive a Provisional Permanent Resident in three months as normal approval time. The EAD normally takes about the same amount of time or LONGER?

If any person is a Permanent or Provisional Permanent Resident, then this is evident that the person had made legal entry into the United States and is not here illegally: WHY DOES THE PERSON NEED "Employment Authorization Document"?

The instruction for the I-765 goes on to read that the EAD is connected with the continues Resident status of the spouse IF FILED FOR IN THE FIRST 90 days??? Again, DOES the spouse need a EAD if he/she has the approved Provisional Permanent Resident card?


DocMay

Arrival June 1, 2007
Married July 7, 2007 (aka "777")

Is the Provisional Permanent Resident Card the same as the Employment Authorization Document?


Rather confusing: Instruction for EAD are fairly clear that one may submit application for EAD with I-485 Adjustment of Status. The confusion arises why does a spouse need EAD if the spouse will receive a Provisional Permanent Resident in three months as normal approval time. The EAD normally takes about the same amount of time or LONGER?

If any person is a Permanent or Provisional Permanent Resident, then this is evident that the person had made legal entry into the United States and is not her illegally: WHY DOES THE PERSON NEED "Employment Authorization Document"?

The instruction for the I-765 goes on to read that the EAD is connected with the continues Resident status of the spouse IF FILED FOR IN THE FIRST 90 days??? Again, DOES the spouse need a EAD if he/she has the approved Provisional Permanent Resident card?


DocMay

Arrival June 1, 2007
Married July 7, 2007 (aka "777")

Not all Greencards are approved within 90 days.... in fact not many are approved within 90 days..... so if you wish to work before the greencard is approved then you need to have an EAD....

Some people end up caught in FBI name check and it can take anything from a few weeks to over a year to get the namecheck completed and they can not approve the greencard until the namecheck is done so for them the EAD is vital......

Kez

EAD is not the same as Greencard....

See your other post.....

Kez

DocMay,

No, a Provisional Permanent Resident Card - whatever that is - is not the same as an Employment Authorization Document.

And no, a person does not need an Employment Authorization Document if they have a Provisional Permanent Resident card - whatever that is.

Few people will receive a Provisional Permanent Resident Card - whatever that is - in 3 months from the time they applied for adjustment of status. But if you expect to, then it would indeed be a waste of effort and money to apply for employment authorization.

Yodrak

Yodrak....... you are so funny.... you make me laugh.... can I have one of these "Provisional Permanent Resident Card - whatever that is" I dont have one...

Kez

Work Authorization Card:

Called the USCIS office, Officer advised that if K-1 visa person does not need to apply for EAD.
The reason being is that this person entered the country lawfully. All that this person needs is a Social Security Number.
Takes 5 to 10 days to receive a card in the mail after application.

Initially, one applied for Change of Status by filing a I-485. This is granted a provisional status to become a Permanent Resident. Either way, what ever this card is called, the Officer advised me that it was a waste of time and money for a K-1 visa holder who was married within the 90 days to apply for a EAD.

I asked the officer why was this not explained better in the instructions, her reply was she did not write the instructions.

DOES THIS SOUND RIGHT????

DocMay

Doug, it sounds like it should work out well like that. Sounds like they know what they are talking about, right?

Don't know where you are in Missouri; but, here in St. Louis, we had this experience:

Andre came to the US and we got married to fulfill K-1. After that the nightmare began:

To get a job, state ID, driver's license, added to my bank accounts, etc., he had to have a social security number.
To get a social security number, he had to be authorized to work in the US, which, in this case meant a green card.

We filed for AOS.
After green card received, we filed for SSN and got it in just a week or so.
He applied for a Missouri State ID.
He took the driver's permit test, practiced a while,and eventually passed the test for a license.
Added him to bank accounts.
He applied for jobs and eventually got one.

All of it hinged on AOS and the ability to work in the US. I tried everything to get around it and nothing worked.

That's my 2 cents worth.

Another classic from the misinformation line. The above is true only if you received an EAD stamp from at the POE. If you flew in then the only POE that does this to my knowledge is JFK Airport. If you don't have this stamp on the I-94, then you don't meet the requirements of the I-9, which means you cannot work.


Fantastic. What other shite will them come up with next? FYI: This is exceptionally poor advice.


Or read them, obviously.

Its wrong in so many ways.

Even if you got the EAD stamp, it only is good for 90 days. After that you basically cannot work until after you have your Green Card. This often can take a short amount of time, but sometimes can take many years. As you don't know which it will be the EAD is an insurance policy that allows you to work, get a Drivers license etc during the wait. Unless you can live without these things, or wish to take your chances that your GC will be approved quickly, I would strongly advise you to get an EAD.

In an ideal world that is how it might work..... in the real world it may take a lot longer than 3 months for you to be approved for AOS....

as for a K1 only needing a SSN to work that is just wrong..... a K1 is work authorized for 90 days from the day they enter the US... they need a SSN and they need proof of being EA... if you enter through JFK POE you can get a Temp EAD that is valid for 90 days... if you dont get temp EAD or your 90 days are over then you are not able to work until you get approved for the EAD that you will file for along with or after AOS.... it is valid for 12 months....

If you get stuck in any of the security name checks it could take you years to get approved for the Greencard.... Now if you dont mind not being able to work then it would be a waste of money to apply... but if like most people you want to be active and work then you need an EAD and it is worth every cent to some....

Kez

Since the POE work authorization expires after 90 days, or upon marriage, whichever comes first, does the authorization to actually have those things expire as well? I know that Andre's current driver's license expires on exactly the same day that his conditional green card expires (in 2 years).

If you managed to get a SSN, driver's license, etc. in that 90 days, would you have to lift conditions then?

The temp EAD given at POE does not expire on marriage.... it is valid for 90 days.... if your state gives you a DL based on your K1 it could expire at the end of the 90 days... then you would need to reapply when you had your 1 year EAD or your Greencard... SSN never expires it is yours for life..

In your case you will need a new DL when the old one expires and your state may accept the extension letter that gets sent when you file to remove conditions or they may make you wait until you have your 10 year greencard... it varries from state to state..

Kez

Hmmmmm.....cause part of our issues with the EAD was that the first one we filed under A6 (was it?) expired as soon as we married. Then, he it had to be filed under the A9. I guess I just assumed the POE EAD would do exactly the same.

Yah, Missouri is pretty crappy as far as all these rules go.

Work Authorization Card

My fiancee got her Social Security number one week after applying in Jefferson City, Missouri.
There was no question about any EAD.

But, there was a type over the card stating:
"Valid for WORK ONLY WITH DHS AUTHORIZATION"

With this typed on the card, one would think that the person wanting employment would need an EAD.
Now, I wonder if the Officer who told me that my wife did not need an EAD knew what she was saying.
Anyone have any ideas?

DocMay

With that text on the SS Card, your wife needs an EAD card or stamp, and yes the Officer who told you your wife didn't need a EAD did not know what she was talking about.

I'm afraid around here the USCIS hotline is known as the misinformation hotline. A trained monkey would be better at giving out immigration advice than the people on that hotline. They have minimal training and start speculating on immigration topics that are extremely complex. As the old saying goes, a little knowledge can be a dangerous thing.

Do yourself a favor: Don't call the USCIS hotline again. If you want good advice, you should ask here
or ask a lawyer.

DocMay,

Adjustment of status, not change of status. 'Adjust' and 'change' may be synonymous in the real world, but in the world of immigration they have distinctly different meanings.

Adjustment of status results in one becoming a Permanent Resident. There will be a condition attached if the PR status is granted before the 2nd wedding anniversary, but not if the status is granted after the 2nd wedding anniversary. One could say that a PR with conditions is a provisional PR, but conditional is the term used.

Once a person is a PR they do not need an EA document to be employed, but while their application to adjust is pending they do. K1s included.

Yodrak

i filed my aos may 15, had my biometrics july 19 and aug 16 will be my interview. i did not file for EAD coz i figured the time it takes to wait for EAD and the approval of my aos would not be that long (around a month).

Yah, good luck on that time line. I think it is a few months longer then that....some have said a lot longer.

But, yah, in the long run, his green card came before his EAD came through. Waste of money, it was.

These days EAD is an insurance policy, rather than a necessity. A lot of people these days get Green Cards before or close to 90 days, often before they get their EAD.

However, some people find themselves stuck in FBI namecheck, or just their processing is slow due to backlogs (I'm betting AOS gets slower with the large number of applications that must be being submitted before the price hike). In these cases the EAD is a godsend if you need to work. For this reason I think the money on the EAD is well spent. Complaining that it was a waste of money because your GC got processed quickly is a bit like complaining your house insurance is a waste of money because you didn't get robbed.

Exactly!!! Would people prefer to spend months in namechecks, just so they can feel they've got their money's worth out of the EAD?!

Humm, I'm betting the Doc will not file the EAD as he has plenty of money!

Back to the Topic-I agree it's confusing but the EAD is like an insurance policy designed
for those who wish to work.

You guys made me LOL... agree totally. I guess it will be a moot point under the new fees though! You pay for it whether you want it or not!

I would have much rather spent $180 on a stinkin EAD that wasnt needed than to have paid for 3 (so far) while our AOS pends pends pends.

Local offices have different workloads. Some process the AOS very quickly. I assume her timeline is accurate as she already has an interview date. Other offices are severely backlogged and can take a very long time before they finally get to your case.