temp work authorization

[johnm 0]

Hi,

When you enter thru JFK and they give you work authorization for 90 days, doesn't that give you the right to work?

An employer called DHS since the Social Security Card said valid with Work Authorization and they said that the temp work permit on the i-94 is only vaild with an i-766 (EAD card) and you can't work with the stamp, which so many on here have. He said they must have made a mistake at the airport stamping the k-1 and the stamp was good for refugees who come here. It doesn't make sense since you can't get your i-766 normally before the temp stamp expires, but I didn't have a reference to back up that you are allowed to work with the temp stamp until it expires.

Does anyone have any link to a uscis site where it explains about working with the temp ead stamp??

THANK YOU

[YuAndDan 153]

The rules have changed, Employers have a system they can use to confirm employment auth, this system only indicates employment auth if USCIS has issued an EAD or green-card.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

You may want to read form I-9 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.visajourney.com/timeline/profile.php?id=8492

Profile details please: http://www.visajourney.com/forums/index.ph...rCP&CODE=01

Edited February 18, 2009 by YuAndDan

[johnm 0]

Will update the profile page, thanks for the link.

On the i-9 it says for eligibilty that an unexpired foreign passport that has an authorization to work (which the stamp states) is vaild, so doesn't that mean if you have the stamp you are valid to work until it expires?

The rules have changed, Employers have a system they can use to confirm employment auth, this system only indicates employment auth if USCIS has issued an EAD or green-card.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

You may want to read form I-9 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.visajourney.com/timeline/profile.php?id=8492

Profile details please: http://www.visajourney.com/forums/index.ph...rCP&CODE=01

[YuAndDan 153]

Will update the profile page, thanks for the link.

On the i-9 it says for eligibilty that an unexpired foreign passport that has an authorization to work (which the stamp states) is vaild, so doesn't that mean if you have the stamp you are valid to work until it expires?

#5 in list A indicates I-94 with endorsement of status. Again USCIS has a system for employers to use to confirm status.

Moving this to Work Travel prior to green-card.

[KHPerfectMatch 1]

Hi,

When you enter thru JFK and they give you work authorization for 90 days, doesn't that give you the right to work?

An employer called DHS since the Social Security Card said valid with Work Authorization and they said that the temp work permit on the i-94 is only vaild with an i-766 (EAD card) and you can't work with the stamp, which so many on here have. He said they must have made a mistake at the airport stamping the k-1 and the stamp was good for refugees who come here. It doesn't make sense since you can't get your i-766 normally before the temp stamp expires, but I didn't have a reference to back up that you are allowed to work with the temp stamp until it expires.

Does anyone have any link to a uscis site where it explains about working with the temp ead stamp??

THANK YOU

First of all congrats on actually GETTING the stamp.... here is a link to the SSA website that I thought was very helpful. https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500 Except for the fact that my husband wasn't given a Temp EAD...

Scroll down about 1/2 way down the page and you'll see it says the K-1 is one of the categories of immigrants that are authorized to work without specific authorization from the DHS.

Here's a report that discusses the problem with K-1 Visa holders actually getting to work... http://www.dhs.gov/xlibrary/assets/CISOmbu...Report_2006.pdf It appears there is a difference of opinion between two Federal agencies about allowing K-1 Visa holders to work. USCIS thinks they should be able to, and SSA doesn't want them to even get SS#'s... Interesting paper...

Good luck!

[paumanda 0]

First of all congrats on actually GETTING the stamp.... here is a link to the SSA website that I thought was very helpful. https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500 Except for the fact that my husband wasn't given a Temp EAD...

Thanks for those excellent links!

Out of interest did your husband ask re the stamp? I hope to be going through JFK soon and would like to know if they have stopped issuing them or whether it was the case that your husband was just unfortunate.

[Kez/JWolf 6]

First of all congrats on actually GETTING the stamp.... here is a link to the SSA website that I thought was very helpful. https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500 Except for the fact that my husband wasn't given a Temp EAD...

Thanks for those excellent links!

Out of interest did your husband ask re the stamp? I hope to be going through JFK soon and would like to know if they have stopped issuing them or whether it was the case that your husband was just unfortunate.

It does not matter what the SSA says. If you go and read the NEW rules for the I-9 form that all employees have to complete for their employer you will see that they have changed the wording about un-expired I-94 and temp stamp. It now say it is only valid if the visa is for a specific employer, as the K1 visa is not a work visa and does not mention a specific employer you can no longer use it to comply with the requirements of the I-9.

http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

[Angela & Paul 12]

Hi,

When you enter thru JFK and they give you work authorization for 90 days, doesn't that give you the right to work?

An employer called DHS since the Social Security Card said valid with Work Authorization and they said that the temp work permit on the i-94 is only vaild with an i-766 (EAD card) and you can't work with the stamp, which so many on here have. He said they must have made a mistake at the airport stamping the k-1 and the stamp was good for refugees who come here. It doesn't make sense since you can't get your i-766 normally before the temp stamp expires, but I didn't have a reference to back up that you are allowed to work with the temp stamp until it expires.

Does anyone have any link to a uscis site where it explains about working with the temp ead stamp??

THANK YOU

I don't really understand the replies up here.

The question is clear and simple and the answer is too:

"When you enter thru JFK and they give you work authorization for 90 days, doesn't that give you the right to work?"

Answer: YES, you can work for 90 days!

Practically, you won't be able to work without a Social Security card, so the 90 days will be reduced by the time it takes to get one, which is about 20 days.

And...

You are not allowed to work after the 90 days are over, until you either get the green card or another EAD (which takes at least 3 months to get after sending the AOS documents)

If you know a company who will hire you for 70 days, then terminate you for a few weeks, and rehire you after that, let me know

The EAD stamps at JFK is pretty much useless. That's maybe why other airports don't give it.

[sim1138 0]

I'm travelling soon, thinking about trying to get flights specifically through JFK for this temp authorization. So is it even worth it? If I go through another airport that doesn't issue this stamp does it make it harder to gain a SS#?

Assuming I don't get this stamp and therefore cannot work before marriage, how long after that point will it take to get an EAD?

Thanks

[WROCLAW 0]

good luck

[paumanda 0]

I'm travelling soon, thinking about trying to get flights specifically through JFK for this temp authorization. So is it even worth it? If I go through another airport that doesn't issue this stamp does it make it harder to gain a SS#?

Assuming I don't get this stamp and therefore cannot work before marriage, how long after that point will it take to get an EAD?

Thanks

This is what I have been hoping to find out myself. The question, whether JFK still issues this stamp, can easily be answered simply by someone who has gone through JFK recently. So, has anyone that recently entered through JFK received the stamp?

[milimelo 4,739]

You may want to check the NEW rules for I-9 form. Kez already answered you.

http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

I understand the desire to have temp work authorization in your passport but good luck finding a job the next day of arrival - average time to find job these days is 15 weeks at a minimum.

[paumanda 0]

You may want to check the NEW rules for I-9 form. Kez already answered you.

http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

I understand the desire to have temp work authorization in your passport but good luck finding a job the next day of arrival - average time to find job these days is 15 weeks at a minimum.

Although the wording in the I-9 has changed I do not believe that anyone has so far been able to clarify when and how this comes into effect. But please correct me if I am wrong.

That said I arrived at JFK on Tuesday the 7th of April and I can confirm that I WAS given the Temp Work Authorization Stamp. As such I will now be attempting to find work and to specifically see whether I can be employed. I will let you know how that proceeds but I can confirm that JFK are still giving out the stamp.

[I'm Gone 60]

The rules have changed, Employers have a system they can use to confirm employment auth, this system only indicates employment auth if USCIS has issued an EAD or green-card.

That's not true, what it you have H-1B status and all you have is the I-94.

[I'm Gone 60]

When you enter thru JFK and they give you work authorization for 90 days, doesn't that give you the right to work?

An employer called DHS since the Social Security Card said valid with Work Authorization and they said that the temp work permit on the i-94 is only vaild with an i-766 (EAD card) and you can't work with the stamp, which so many on here have. He said they must have made a mistake at the airport stamping the k-1 and the stamp was good for refugees who come here.

Sounds like the employer called the USCIS 800# and talked to some service rep that didn't know what they were talking about. They need to sign up if they haven't and run you through the E-Verify system.

JFK has been stamping I-94s of K-1s for as long as I can remember, so yours isn't some isolated mistake.

You can be assigned an SSN with or without the stamp as long as the I-94 is not within 14 days of expiring.