Jump to content
Sign in to follow this  
nik1980

Working Social Security and POE

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: United Kingdom
Timeline

Hi there everyone I need clarification on the below confusion.

I recently entered the USA via LAX on April 12th on K1 and at point of entry I asked the officer for the infamous EAD stamp in order for me to work when I arrive. The officer directly confirmed to me that I can work on this visa and the document he provided confirms this. However he did not stamp my passport with any such EAD. This left me confused :wacko: Then after forgetting about this for a while after 10 days I applied for my social security number on Thursday 24th I again asked the officer who had been working there for 30 YEARS if I can work once I received my social security number. He checked the computer and confirmed to me that it shows that I am work authorized and I should receive my card by saturday. I then asked him if he was sure that I didnt require an EAD from the government and he confirmed NO I can go and find myself a job immediately!!!

I asked him if he will provide me confirmation in writing that I am authorized to work and he said once I receive the card come into the office and he will provide me with confirmation. Today (saturday arrived) and I received a phone call from the social security office confirming that my number and card have arrived and its work authorized and to come and collect it on monday. (that was faster than expected!!!)

So where do I stand with this I have read everywhere on this forum and done searches which say that i am not allowed to work without EAD or after Ive filed for AOS but everything else has confirmed otherwise and this has come from government officers!!! What's the deal can I go find myself a temp job or will I be jeopardising my visa as thats the last thing I want to do!!!!

Someone please help put my mind at rest!!!!!

:thumbs:

Edited by nik1980

K-1 Visa

Event Date

Service Center : California Service Center

Consulate : London, United Kingdom

I-129F Sent : 2007-08-03

I-129F NOA1 : 2007-08-17

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2008-01-24

NVC Received : 2008-01-31

NVC Left : 2008-02-04

Consulate Received :

Packet 3 Received : 2008-02-12

Packet 3 Sent : 2008-02-14

Packet 4 Received : 2008-02-25

Interview Date : 2008-03-05

Visa Received : 2008-03-05

US Entry : 2008-04-13

Marriage : 2008-06-29

Adjustment of Status

Event Date

CIS Office : Los Angeles CA

Date Filed : 2008-07-18

NOA Date : 2008-07-29

RFE(s) :

Bio. Appt. : 2008-08-16

AOS Transfer** :

Interview Date : 2009-01-21

Approval / Denial Date : 2009-01-21

Approved : Yes

Got I551 Stamp : No

Greencard Received:

Comments :

Share this post


Link to post
Share on other sites
Hi there everyone I need clarification on the below confusion.

I recently entered the USA via LAX on April 12th on K1 and at point of entry I asked the officer for the infamous EAD stamp in order for me to work when I arrive. The officer directly confirmed to me that I can work on this visa and the document he provided confirms this. However he did not stamp my passport with any such EAD.

What document did he provide? I'd be inclided to follow the idea that no stamp = no authorization.

Then after forgetting about this for a while after 10 days I applied for my social security number on Thursday 24th I again asked the officer who had been working there for 30 YEARS if I can work once I received my social security number. He checked the computer and confirmed to me that it shows that I am work authorized and I should receive my card by saturday. I then asked him if he was sure that I didnt require an EAD from the government and he confirmed NO I can go and find myself a job immediately!!!

He was wrong, but it's not up to the Social Security Administration to say if you're allowed to work, they have no say in the matter. They can give you a social security card that states you either do or do not need DHS authorization, but the SSA themselves can't give you authorization to work. You do need an EAD.

I asked him if he will provide me confirmation in writing that I am authorized to work and he said once I receive the card come into the office and he will provide me with confirmation. Today (saturday arrived) and I received a phone call from the social security office confirming that my number and card have arrived and its work authorized and to come and collect it on monday. (that was faster than expected!!!)

The SSA has no legal authority to provide any work authorization. They may have a social security card with no limitations on them (I'd be very supprised if that was the case since you came in on a K1 visa) which would mean you could use that and a drivers license to fill in an I-9 (but if the employer did a check on your work authorization status, they would find that you need USCIS or DHS documentation to work - ie an EAD).

So where do I stand with this I have read everywhere on this forum and done searches which say that i am not allowed to work without EAD or after Ive filed for AOS but everything else has confirmed otherwise and this has come from government officers!!! What's the deal can I go find myself a temp job or will I be jeopardising my visa as thats the last thing I want to do!!!!

If you don't have an EAD you are not legal to work given than you don't have a green card or US Citizenship. Being told something by a government employee doesn't mean what they tell you is right, or has any validity. The SSA has no authority over who is legal to work or not, so don't let what the gentleman in the SSA office confuse you.


K-1 Visa Process.

===========

See my timeline

AOS Process

========

01/23/08 - AOS Package mailed to Chicago Lockbox

01/25/08 - NOA1 for I-485, I-765 and I-131

02/15/08 - Biometrics for I-485 and I-765

02/18/08 - I-485 transferred to CSC

02/21/08 - I-485 & I-765 touched

03/11/08 - I-131 approved

03/18/08 - I-765 approved

03/19/08 - EAD arrives

03/20/08 - AP arrives

03/27/08 - I-485 touched

04/11/08 - I-485 touched (case received at CSC)

04/13/08 - I-485 touched

06/07/08 - I-551 Card production ordered

06/13/08 - Welcome Letter arrives

06/16/08 - I-551 Card arrives

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

K-1s are indeed work authorized. That is primarily so they can obtain a SSN as some states require a SSN in order to issue a marriage license and the purpose of the K-1 is to get married. While you are work authorized for the duration of the I-94 (90 days), the problem is being able to prove it to a potential employer. The employer is obligated to fill out an I-9 form that lists immigration documents that prove the immigration validity for a potential employee. The K-1 visa is not listed as one of the approved documents, so even though you are allowed to work, an employer is technically not allowed to employ you unless you also have the EAD stamp along with the I-94. if you can find an employer who is willing to let you work until your I-94 expires, go for it - you would be breaking no law as the employer would have to bear any consequences, not you.

The other problem is that once the I-94 expires you are no longer allowed to work and the employment status generated by the I-94 granted for a K-1 visa cannot be extended or renewed. You will need the EAD that is based on filing the AOS (Adjustment of Status) application in order to work again and that generally takes about 90 days to receive after filing the AOS.

Hope this clarifies it for you a bit.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline

Thanks for the replies guys this indeed clarifies his situation for me. Appreciate the help!!!


K-1 Visa

Event Date

Service Center : California Service Center

Consulate : London, United Kingdom

I-129F Sent : 2007-08-03

I-129F NOA1 : 2007-08-17

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2008-01-24

NVC Received : 2008-01-31

NVC Left : 2008-02-04

Consulate Received :

Packet 3 Received : 2008-02-12

Packet 3 Sent : 2008-02-14

Packet 4 Received : 2008-02-25

Interview Date : 2008-03-05

Visa Received : 2008-03-05

US Entry : 2008-04-13

Marriage : 2008-06-29

Adjustment of Status

Event Date

CIS Office : Los Angeles CA

Date Filed : 2008-07-18

NOA Date : 2008-07-29

RFE(s) :

Bio. Appt. : 2008-08-16

AOS Transfer** :

Interview Date : 2009-01-21

Approval / Denial Date : 2009-01-21

Approved : Yes

Got I551 Stamp : No

Greencard Received:

Comments :

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: France
Timeline
K-1s are indeed work authorized. That is primarily so they can obtain a SSN as some states require a SSN in order to issue a marriage license and the purpose of the K-1 is to get married. While you are work authorized for the duration of the I-94 (90 days), the problem is being able to prove it to a potential employer. The employer is obligated to fill out an I-9 form that lists immigration documents that prove the immigration validity for a potential employee. The K-1 visa is not listed as one of the approved documents, so even though you are allowed to work, an employer is technically not allowed to employ you unless you also have the EAD stamp along with the I-94. if you can find an employer who is willing to let you work until your I-94 expires, go for it - you would be breaking no law as the employer would have to bear any consequences, not you.

The other problem is that once the I-94 expires you are no longer allowed to work and the employment status generated by the I-94 granted for a K-1 visa cannot be extended or renewed. You will need the EAD that is based on filing the AOS (Adjustment of Status) application in order to work again and that generally takes about 90 days to receive after filing the AOS.

Hope this clarifies it for you a bit.

Are you sure of what you are saying? What would be the consequences for the employer?

TX

Share this post


Link to post
Share on other sites
Are you sure of what you are saying? What would be the consequences for the employer?

TX

From the Handbook for Employers, M-274 (pg.17):

Penalties for Prohibited Practices

A. UNLAWFUL EMPLOYMENT

1. Civil Penalties

The Department of Homeland Security (DHS) may impose

penalties if an investigation reveals that an employer has

knowingly hired or knowingly continued to employ an

unauthorized alien, or has failed to comply with the

employment eligibility verification requirements, with respect

to employees hired after November 6, 1986...

a. Hiring or continuing to employ unauthorized aliens:

DHS may order employers it determines to have knowingly

hired unauthorized aliens (or to be continuing to employ aliens

knowing that they are or have become unauthorized to work in

the United States) to cease and desist from such activity, and

pay a civil money penalty as follows:

1. First Offense: Not less than $275 and not more than

$2,200 for each unauthorized alien;

2. Second offense: Not less than $2,200 and not more

than $5,500 for each unauthorized alien; or

3. Subsequent Offenses: Not less than $3,300 and not

more than $11,000 for each unauthorized alien.


AOS

Date Filed: 2008-08-27

NOA Date: 2008-09-02

Bio. Appt.: 2008-09-18

AOS Transfer: 2008-09-22 to CSC; 2008-11-25 to local office

Approval/Denial Date: 2009-02-10 card production ordered

Greencard Received: 2009-02-20

Removal of Conditions

Date mailed: 2010-11-12

NOA Date: 2010-11-15

Approved: 2011-04-28 card production ordered

Received card: 2011-05-04

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...