EAD confusion!

[Gigglesngrins 0]

Hey All!

My Honey and I are just starting the K1 process and I am trying to get all my ducks in a row, so to speak, to ensure the easiest journey I can. We met through work and may try to get a job for me through his company when I am able to work in the States. I am just curious where the EAD is filed. Reason being, I am moving to Chicago and if it can be hand delivered, I am thinking it may take less time. Also, if I get a temporary EAD, when do we reapply (I believe it is when we apply for AOS) and will there be a break in that time where I can't work? Is there a way to make the transition so that I can get a job once I get my temporary EAD and not have to quit or take a leave until our AOS is processed. It may make a big difference for whether I can get a job with his company or not...and it would be a very good job to step into. Any help would be greatly appreciated so that I be prepared.

Thanks!

Tiffany

[rebeccajo 14]

You can get a temp EAD (possibly) if you enter through JFK but it's only good for 90 days. It hardly ever works out that you have your regular EAD within that 90 day period so most people don't bother UNLESS they have an arrangement with the employer that they can 'sit out' for that window of time between the temp EAD and the regular one.

Here's what most people do if they want to work right away. Get married as soon as possible then file for AOS and EAD. You cannot file for EAD before you file for AOS. And it cannot be hand-delivered. Usually you have your EAD in 90-120 days. That EAD is good for one year and NORMALLY you have your green card within one year.

Welcome to VJ - btw!

Edited May 28, 2006 by rebeccajo

[Jenn! 918]

Once you file your AOS and EAD applications, if you have not received your EAD within 90 days, you can apply for an interim EAD at your district office.

[luv2teach77 41]

I am just curious where the EAD is filed. Reason being, I am moving to Chicago and if it can be hand delivered, I am thinking it may take less time. Also, if I get a temporary EAD, when do we reapply (I believe it is when we apply for AOS) and will there be a break in that time where I can't work?

The EAD that is applied for by 99% of K-1 applicants is filed in conjunction with your AOS application after you arrive in the US and get married. Once approved that EAD is alid for 12 months which is normally long enough to cover you until your AOS interview, after which (as long as you are successful and are granted the green card) you don't need an EAD anymore. If that EAD is not approved within 90 days of your NOA date then you are allowed to request an interim EAD from your local USCIS office which should cover you either until the 12 month one is approved or you attend your AOS interview.

If you enter the US via JFK then it is normally possible to be granted a temporary EAD at the airport. However, this is only valid for the length of your K-1 visa which is 90 days or until you get married (whichever comes first). The problem with this temp EAD is that without a social security number you can't legally work. Most people who get this temp EAD find that even if they are lucky enough to get a SSN quickly, there is still very little time to find a job. If they are then lucky and find a job fast, unless their regular EAD is approved VERY quickly, there is almost ALWAYS a gap between the end of the temp EAD and receiving their 12 month EAD. You cannot renew a temp EAD, once it expires you have to wait for the 12 month one to be issued which can be renewed. If that is about to expire and you still haven't attended your AOS interview you can apply for another one (I beleive with no extra charge).

Is there a way to make the transition so that I can get a job once I get my temporary EAD and not have to quit or take a leave until our AOS is processed. It may make a big difference for whether I can get a job with his company or not...and it would be a very good job to step into. Any help would be greatly appreciated so that I be prepared.

There is no way to Garuntee that there will be no break between your temp EAD and receiving your 12 month EAD. In theory, you cannot apply for the regular 12 month EAD until you are married and applying for AOS. As any temp EAD is only valid while you are a K-1 visa holder (and the K-1 is voided as soon as you get married, the system is simply not setup to allow for seamless work during that transition phase.

Mark