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Working before possessing an EAD

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Hello again folks, I hope everyone is good and enjoying this glorious day,

Once again, I'm experiencing a fair amount of confusion regarding the right to work (if any) before receiving the EAD.

I swear I have read numerous times on here, and also elsewhere on the internet, that you can't work legally, here, in the US until you have your EAD; not even if you have a valid Social Security Number/Card. Now, I've just read on the official Social Security website the following information relating to the type of card I have. A card:

Which shows your name and number with notes, "VALID FOR WORK ONLY WITH DHS AUTHORIZATION." We issue this type of card to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work. (http://www.ssa.gov/ssnumber/cards.htm)

Does this mean, then, that I do, indeed, have the right to work?

I also read that K-1 Visa holders are eligible to work (http://www.ssa.gov/people/immigrants/visa.html), which has confused me further, as I've always been under the impression that wasn't the case.

I applied for, and received, my Social Security card prior to marrying when I entered the country on my K-1 Visa. I'm now married and my K-1 expired in January of this year. Does this mean that I'm no longer designated as a K-1? If so, does not being a valid K-1 Visa holder affect my eligibility as per the statement on my SSC (see above)?

I've been offered work and need to fill in tax forms and the like which ask for my SSN. I just don't want to give that information and claim I'm eligible to work if, in fact, I'm not. I'm worried that in doing so I might jeopardise my entire AOS package, be denied a green card, and in the most severe case, deported.

I'm so so confused by it all.

Any feedback and correct info would be most helpful and greatly appreciated.

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DHS authorization is an approved EAD. So, no you can not work until you have your EAD card in hand.

How about employment? When can my fiance(e) begin working?
A..(generalized statement).. To work your fiance(e) will need to get an Employment Authorization Document. While a K-1 holder can technically obtain an EAD prior to getting married, the practical wait involved makes this option unfeasible (the validity of the EAD will expire before it can even be processed in most cases). Practically, a K-1 holder will need to wait until they file for Adjustment of Status (after getting married) and will co-file for an EAD (which should arrive on average within 90 days from the filing date. As a note, in order to be employed, it is required to have a Social Security Number which can be obtained by a K-1 holder after they arrive in the US (you should wait 10 days after entry to the US and no later than 10 days prior to the K-1 expiration date to go to the Social Security Office in your area to file for this; if you miss this time frame you must wait until after you are married and file for Adjustment of Status).


What do we do if my fiance(e) does not receive a temporary work authorization?
A..If your intent is to put your fiance(e) to work as soon as possible, then get married immediately. Apply for "Adjustment of Status" (I-485) with an application for work authorization (I-765) -- the EAD once issued will be good for one year. You will apply using category ©(9), "adjustment applicant". Since the official policy is to apply via mail for your Adjustment of Status Package (which your EAD application will be submitted with) the EAD application will be processed in about 60-90 days (the typical processing time for filing via mail). The fiance(e) will be notified to appear in person to be photographed and fingerprinted at some point (a biometrics appointment) for the EAD processing to be completed. Your EAD will be generated and mailed to you shortly after.

The "official I-765 procedure" for obtaining a 90 day EAD based on K1 status (category (a)(6) on the I-765), involves sending the application to your USCIS (INS) Service Center. This 90-day EAD expires when your 90-day K1 expires. The processing times at the Service Centers make this option worthless, and no one has reported getting an EAD in this manner.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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The link you provided which confuses you is yes, in theory a K1 can work for 90 days but since the processing takes as long it is not

practical to apply. Best thing for a K1 visa holder is to marry asap and apply for AOS and EAD/AP so a K1 entry can work as soon as possible.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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DHS Authorisation is evidenced by your EAD card,

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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This is what I thought; that I need my EAD as proof/authorisation to work.

It's just confusing how the wording appears on the Social Security's own page, as simply having a SSC with that wording (which I do) implies the holder has the right to work:

"We issue this type of card to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work".

Have I been issued with the wrong card, albeit one which would enable me to work?

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K1 is work authorised for the 90 days, the EAD is the document that substantiates that. You got one but not the other. Most people do not bother as it takes so long to get the EAD.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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News to me, where did you hear this?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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~Moved from Fam.-based AOS to Working and Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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