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My husband started a new job about a month ago. He entered as a K-1 visa holder and got his EAD/AP in late September. When he filled out the I-9 he selected "Alien Authorized to Work" and provided the necessary EAD document, numbers, etc. His employer is now stating that he selected the wrong category and should select "Lawful Permanent Resident". It's our understanding that since his AOS is still pending and he doesn't have his green card that he does not fall into this category. Can someone please advise? We're hoping to avoid getting into hot water with USCIS and need to inform the HR department. Thanks!


K-1:

I-129F sent to Dallas Lockbox: 20/09/2013

USPS delivery confirmation: 23/09/2013

Check cashed: 26/09/2013

NOA1 email: 26/09/2013

NOA1 hardcopy: 28/09/2013

Alien Registration Number: 18/10/2013

NOA2 email: 29/10/2013

NOA2 hardcopy: 31/10/2013

TSC ships to NVC: 12/11/2013

NVC received: 15/11/2013

NVC left: 22/11/2013

London received: 25/11/2013

CEAC marked as "Ready" 02/12/2013

'Packet 3' received: 18/12/2013

DS-2001 emailed: 02/01/2014

Medical: 13/01/2014

Medical logged: 16/01/2014

Interview scheduled (CEAC update called DoS): 23/01/2014

Interview: 20/02/2014...APPROVED!!!

CEAC case creation date changed: 21/02/2014

CEAC changed to Administrative Processing 21/02/2014

CEAC changed to Issued: 24/02/2014

DX delivered visa package: 27/02/2014

Entered US: 05/05/2014

Married: 04/07/2014

NOA1-NOA2 = 33 days

AOS:

Filed: 22/07/14

NOA1: 27/07/14

Biometrics: 02/09/14

EAD/AP:16/09/14

NPIW letter: 02/01/15

RFE for new medical: 21/05/2015

RFE mailed: 15/06/2015

AOS approved: 23/07/2015

Welcome Notice rec'd: 25/07/2015

Green Card rc'd: 24/08/2015

NOA1-NOA2 = 364 DAYS

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He is not yet a permanent resident, so I don't believe he could legally select that one. I believe he chose correctly. He can adjust his I-9 when he gets his green card and is indeed a lawful permanent resident.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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I knew we were right. They're acting like they're employing an undocumented alien illegally. It's a huge international company as well. This can't be the first time they've seen this!


K-1:

I-129F sent to Dallas Lockbox: 20/09/2013

USPS delivery confirmation: 23/09/2013

Check cashed: 26/09/2013

NOA1 email: 26/09/2013

NOA1 hardcopy: 28/09/2013

Alien Registration Number: 18/10/2013

NOA2 email: 29/10/2013

NOA2 hardcopy: 31/10/2013

TSC ships to NVC: 12/11/2013

NVC received: 15/11/2013

NVC left: 22/11/2013

London received: 25/11/2013

CEAC marked as "Ready" 02/12/2013

'Packet 3' received: 18/12/2013

DS-2001 emailed: 02/01/2014

Medical: 13/01/2014

Medical logged: 16/01/2014

Interview scheduled (CEAC update called DoS): 23/01/2014

Interview: 20/02/2014...APPROVED!!!

CEAC case creation date changed: 21/02/2014

CEAC changed to Administrative Processing 21/02/2014

CEAC changed to Issued: 24/02/2014

DX delivered visa package: 27/02/2014

Entered US: 05/05/2014

Married: 04/07/2014

NOA1-NOA2 = 33 days

AOS:

Filed: 22/07/14

NOA1: 27/07/14

Biometrics: 02/09/14

EAD/AP:16/09/14

NPIW letter: 02/01/15

RFE for new medical: 21/05/2015

RFE mailed: 15/06/2015

AOS approved: 23/07/2015

Welcome Notice rec'd: 25/07/2015

Green Card rc'd: 24/08/2015

NOA1-NOA2 = 364 DAYS

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