I've been trying to find info regarding this issue and have been unsuccessful.
I understand that the temp EAD is good for only 90 days. We are wanting my fiance to make an infopass appt. about a month or so after he has been in the states to (hopefully) get a temp EAD stamp. If he waits this amount of time, does the 90 days begin from when he receives it or does it begin from when he entered into the USA?
Thanks!
Full Version: Temp EAD
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > The Foreign Embassy and Consulate General Discussion
They won't issue a stamp. The only way to get a stamp is to enter through JFK.
You could file for a temp ID (I can't remember the form number or the fee) but it's only good till his K1 expires.
You could file for a temp ID (I can't remember the form number or the fee) but it's only good till his K1 expires.
Thanks for the response Rebecca. I guess I am even more confused now.
I had written an email to our lawyer (this is not our original dimwit lawyer) asking her about the POE's and the temp EAD stamp (along with the TB skin test stuff). Anyway, this was her response to me:
Some ports of entry will stamp employment authorized on the I-94 upon entry. For those that don't, our local USCIS office will stamp the I-94--he will simply make an InfoPass appointment and take his passport to the local office for the stamping. As you note, the problem is that the employment authorization expires when the I-94 does, in 90 days. He will have to apply for work authorization when he applies for AOS after the marriage, and it takes up to 90 days to get the EAD after application. Therefore, a gap in employment authorization is likely, if not inevitable. His will have to find an employer who understands and permits the leave period during that gap.
Maybe I should check directly with the local USCIS? Or perhaps I am misunderstanding what she means here????
I had written an email to our lawyer (this is not our original dimwit lawyer) asking her about the POE's and the temp EAD stamp (along with the TB skin test stuff). Anyway, this was her response to me:
Some ports of entry will stamp employment authorized on the I-94 upon entry. For those that don't, our local USCIS office will stamp the I-94--he will simply make an InfoPass appointment and take his passport to the local office for the stamping. As you note, the problem is that the employment authorization expires when the I-94 does, in 90 days. He will have to apply for work authorization when he applies for AOS after the marriage, and it takes up to 90 days to get the EAD after application. Therefore, a gap in employment authorization is likely, if not inevitable. His will have to find an employer who understands and permits the leave period during that gap.
Maybe I should check directly with the local USCIS? Or perhaps I am misunderstanding what she means here????
Local offices stopped doing any type of EAD in Sept 2006.... the only way for him to get temp EAD is through JFK or one of the land crossings from Canada....
Temp EAD is valid until the date on the I-94 (90 days)..
Kez
Temp EAD is valid until the date on the I-94 (90 days)..
Kez
hi ya kym
the temp EAD in through JFK...this is valid for your fiance to work to the date of expiry on his I-94..so the thing you will have to do is get married send in your AOS and EAD package asap....way before the temp EAD expires....that way his employer won't fire him because he lacks an EAD or Greencard to keep working..
good luck
kath
the temp EAD in through JFK...this is valid for your fiance to work to the date of expiry on his I-94..so the thing you will have to do is get married send in your AOS and EAD package asap....way before the temp EAD expires....that way his employer won't fire him because he lacks an EAD or Greencard to keep working..
good luck
kath
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