Yet another EAD stamp question

[Usui Takumi 1,562]

We are about to enter a huge grey area in terms of the K1. My fiance' may be working for her UK employer while in the US. While there doesn't seem to be a clear rule about this work (i've heard arguments from all sorts in terms of is it legal to continue work remotely...some say that since your within the borders you can't...others say the US has no authority on outside work for non US passport or green card carriers...) we thought we'd play it conservative and get the EAD stamp. However due to costs we don't want to use JFK is the only guaranteed POE. A few people have gotten it in SFO in the past (though I don't think the recent past) so i'm not counting on that. (probably less then 25% chance they'll give it).

What I want to know is has anyone tried the local office in sacramento? We were thinking of scheduling an infopass and then saying something along the lines of our local SS# requires us to get the stamp before they can issue a number (as this has actually happened to a few ppl).

[Usui Takumi 1,562]

We are about to enter a huge grey area in terms of the K1. My fiance' may be working for her UK employer while in the US. While there doesn't seem to be a clear rule about this work (i've heard arguments from all sorts in terms of is it legal to continue work remotely...some say that since your within the borders you can't...others say the US has no authority on outside work for non US passport or green card carriers...) we thought we'd play it conservative and get the EAD stamp. However due to costs we don't want to use JFK is the only guaranteed POE. A few people have gotten it in SFO in the past (though I don't think the recent past) so i'm not counting on that. (probably less then 25% chance they'll give it).

What I want to know is has anyone tried the local office in sacramento? We were thinking of scheduling an infopass and then saying something along the lines of our local SS# requires us to get the stamp before they can issue a number (as this has actually happened to a few ppl).

Nevermind, I realize now that based on the SAVE database its pretty clear that EAD stamps are outdated and not necessary (which wasn't at all clear at the beginning of the year when the "K1 is already authorised" topics were still in hot debate)

Ignore me, i'm still living in 2007.

[bakofoil 27]

Hey Lancer,

Could you explain the SAVE thing - or send me a link. It's irrelevant in my case, since I'm now out of status, but I would be interested in seeing the 'proof'. I trawled through a lot of info prior to my move out here and it seemed that K1 authorisation during the first 90 days was an incredibly grey area - and there was much argument about it. From what I understand employment with a UK employer is an ideal situation for K1 - I wished I'd had that opportunity. Seems to me, that until permanent residency is in place she is not employed by a US employer and is therefore not violating any work restriction.

Sorry also to see that you have been messed around a lot by USCIS, you received your NOA2 3 days earlier than me. I take it she's due to arrive in the US soon? Congrats if that's the case.

edit: sorry, that was your NOA1. You really were messed about!

Edited September 17, 2008 by bakofoil

[Usui Takumi 1,562]

Hey Lancer,

Could you explain the SAVE thing - or send me a link. It's irrelevant in my case, since I'm now out of status, but I would be interested in seeing the 'proof'. I trawled through a lot of info prior to my move out here and it seemed that K1 authorisation during the first 90 days was an incredibly grey area - and there was much argument about it. From what I understand employment with a UK employer is an ideal situation for K1 - I wished I'd had that opportunity. Seems to me, that until permanent residency is in place she is not employed by a US employer and is therefore not violating any work restriction.

Sorry also to see that you have been messed around a lot by USCIS, you received your NOA2 3 days earlier than me. I take it she's due to arrive in the US soon? Congrats if that's the case.

edit: sorry, that was your NOA1. You really were messed about!

SAVE stands for Systematic Alien Verification for Entitlements. Used by local ss offices and ucis offices, now when a K1 comes into the country the database shows they are authorized until their K1 is no longer valid. (this has been confirmed by a few people who posted on this site who either had it shown to them at the SS office or were employees) It is also confirmed here:

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

(specifically look at section C.)

"1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD." and K1 is on this list which explains why the EAD Stamp is now considered obsolete and why is rarely issued now...with the exception of JFK.

Oh and we are officially done, interview was today and was approved.

Edited September 17, 2008 by lancer1655

[bakofoil 27]

Cool. Thanks so much for the info. Wish I had known that back in March - all the info I had then was some memo from 2000 that stated K1 were authorised.

Congratulations on your approval. It's a very good day for you!!

[Usui Takumi 1,562]

Cool. Thanks so much for the info. Wish I had known that back in March - all the info I had then was some memo from 2000 that stated K1 were authorised.

Congratulations on your approval. It's a very good day for you!!

Well it only really works for a person that is working for a Foreign Employer because they aren't required to show an I-9.

Its still a catch 22 for a US employer because while the immigrant can legally work, their US employer still has to see an EAD before they can go onto the payroll apparently which can only be achieved at JFK...its like they were rewriting the policy and then forgot to finish the end.

Edited September 17, 2008 by lancer1655