Question about time lapse between temp POE EAD stamp and AOS EAD

[웃 910]

My wife entered the country on January 8th, 2009 through JFK and got her EAD paper attached to her passport. It expires April 18th, 2009.

Here are my questions:

1) Is it true that on April 19th, 2009, it will be illegal for my wife to work?

2) Why? If the economy is so bad why would they have a rule like this? In a time like this do we really need to be laying off more workers over something as silly as waiting for an "updated" EAD document to come in the mail?

3) Can you do anything such as contacting a Congressman/Congresswoman to get permission to continue working while you wait the 1 month for your AOS EAD to arrive.

4) I've been out of the loop for a while now as far as the immigration and AOS process---Does it still take about 90 days from the day you send the AOS package to receive the EAD document?

5) What happens if she continues to work after April 18th?

Thanks in advance

[YuAndDan 153]

If work is the main concern the best course of action is to not do a K-1, the intending immigrant should marry first and file for a CR-1 visa, this visa gets green-card upon entry to the USA.

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.

4) Yes it can take up to 90 days to get EAD.

4) The employer is responsible to make sure the worker is work authorized.

Edited March 3, 2009 by YuAndDan

[웃 910]

Thanks for the quick response. She entered on a K-1. We got married. She applied for a SS # and has one. We live in Michigan.

So she can continue to work and will not get into trouble? That sounds good to me because I don't think the system will catch on fast enough during the one month time lapse where she is still waiting on the AOS EAD but her 90-day temp. EAD is expired.

Edited March 3, 2009 by Confucian

[Bobby+Umit 161]

My wife entered the country on January 8th, 2009 through JFK and got her EAD paper attached to her passport. It expires April 18th, 2009.

Here are my questions:

1) Is it true that on April 19th, 2009, it will be illegal for my wife to work?

Yes, unless she has a valid EAD.

2) Why? If the economy is so bad why would they have a rule like this? In a time like this do we really need to be laying off more workers over something as silly as waiting for an "updated" EAD document to come in the mail?

Yu and Dan answered that one. Actually, it helps the other workers looking for a job

3) Can you do anything such as contacting a Congressman/Congresswoman to get permission to continue working while you wait the 1 month for your AOS EAD to arrive.

You can sure try, but the law is clear, and I doubt they will be of any help.

4) I've been out of the loop for a while now as far as the immigration and AOS process---Does it still take about 90 days from the day you send the AOS package to receive the EAD document?

Usually, your time may vary - I would not count on it for "sure"

5) What happens if she continues to work after April 18th?

She would be considered "illegal" and she and the employer can be subject to all kinds of problems with the law. I would not risk that. And if the employer is on the up and up, they will not allow her to continue working without the EAD.

Thanks in advance

[Bobby+Umit 161]

Thanks for the quick response. She entered on a K-1. We got married. She applied for a SS # and has one. We live in Michigan.

So she can continue to work and will not get into trouble? That sounds good to me because I don't think the system will catch on fast enough during the one month time lapse where she is still waiting on the AOS EAD but her 90-day temp. EAD is expired.

No! - the company should not allow her to work, while waiting for her papers to come in.

My company has several workers with EAD's, and when they go out of status, they stop working till they get them up to date. It's the law.

You can get an infopass and ask for a waiver or extension, but they make the final call.