Extend Work Authorization on i-94 while waiting for EAD

[Kinito_2k3 5]

Hi guys,

I need your help again I will never thank the community enough for the knowledge that's contained in here!

So, here is my question, as per the title, I filed for AOS and I am waiting for my EAD...however my i-94 will expire soon and I was wondering if there was any possibilities for me to extend the work authorization that was stamped at my POE??

Any help is GREATLY appreciated!

Thanks

Seb

[TayRivers 4]

Hi guys,

I need your help again I will never thank the community enough for the knowledge that's contained in here!

So, here is my question, as per the title, I filed for AOS and I am waiting for my EAD...however my i-94 will expire soon and I was wondering if there was any possibilities for me to extend the work authorization that was stamped at my POE??

Any help is GREATLY appreciated!

Thanks

Seb

Very simple amswer..... NO you can not extend a temp EAD stamp that is on your I-94.

Also the temp EAD stamp is no longer acceptable as evidence to show Employment Authorization on the I-9 form that you will have to complete to start a new job.

[Kinito_2k3 5]

Hi guys,

I need your help again I will never thank the community enough for the knowledge that's contained in here!

So, here is my question, as per the title, I filed for AOS and I am waiting for my EAD...however my i-94 will expire soon and I was wondering if there was any possibilities for me to extend the work authorization that was stamped at my POE??

Any help is GREATLY appreciated!

Thanks

Seb

Very simple amswer..... NO you can not extend a temp EAD stamp that is on your I-94.

Also the temp EAD stamp is no longer acceptable as evidence to show Employment Authorization on the I-9 form that you will have to complete to start a new job.

Hmm, really?? Where do you get this information from?

Thanks

[Kinito_2k3 5]

Look at item A5 on the last page of the I-9 Form. I think that the stamp is still valid...

Hi guys,

I need your help again I will never thank the community enough for the knowledge that's contained in here!

So, here is my question, as per the title, I filed for AOS and I am waiting for my EAD...however my i-94 will expire soon and I was wondering if there was any possibilities for me to extend the work authorization that was stamped at my POE??

Any help is GREATLY appreciated!

Thanks

Seb

Very simple amswer..... NO you can not extend a temp EAD stamp that is on your I-94.

Also the temp EAD stamp is no longer acceptable as evidence to show Employment Authorization on the I-9 form that you will have to complete to start a new job.

Hmm, really?? Where do you get this information from?

Thanks

[TayRivers 4]

Look at item A5 on the last page of the I-9 Form. I think that the stamp is still valid...

Hi guys,

I need your help again I will never thank the community enough for the knowledge that's contained in here!

So, here is my question, as per the title, I filed for AOS and I am waiting for my EAD...however my i-94 will expire soon and I was wondering if there was any possibilities for me to extend the work authorization that was stamped at my POE??

Any help is GREATLY appreciated!

Thanks

Seb

Very simple amswer..... NO you can not extend a temp EAD stamp that is on your I-94.

Also the temp EAD stamp is no longer acceptable as evidence to show Employment Authorization on the I-9 form that you will have to complete to start a new job.

Hmm, really?? Where do you get this information from?

Thanks

NOT UNLESS YOUR VISA IS FOR A SPECIFIC EMPLOYER.

And it can not be extended.

Have a read of the information below. It has been taken from the Employers Handbook for the Form I-9. You will see that nowhere does it mention K1 Visa holders. My HR Department just did a E-Verify on a K1 who claimed she was employment authorized and it came back as "Not Authorized"

http://www.uscis.gov/files/nativedocuments/m-274.pdf

27. Q. My employee has presented a foreign passport with a Form I-94 or I-94A (List A, Item 5) indicating an employment-authorized nonimmigrant status. How do I know if this nonimmigrant status authorizes the employee to work?

A. You, as the employer, likely have submitted a petition to USCIS on a nonimmigrant worker’s behalf. However, there are some exceptions to this rule:

1. You made an offer of employment to a Canadian passport holder who entered the United States under NAFTA with an offer letter from your company. This nonimmigrant worker will have a Form I-94 or Form I-94A indicating TN status, and may present either a passport or a valid Canadian driver’s license in combination with Form I-94 or Form I-94A.

2. A student working in on-campus employment or participating in curricular practical training. (See questions 28 and 29.)

3. A J-1 exchange visitor. (See question 34.)

Most employees who present a foreign passport in combination with a Form I-94 or I-94A (List A, Item 5) are restricted to work for their petitioning employer. If you did not submit a petition for an employee who presents such documentation, then that nonimmigrant worker is not usually authorized to work for you.

The table below lists the nonimmigrant classifications that indicate that an employee is authorized to work incident to status.

Such classifications will be indicated on Form I-94 or I-94A.

[Kinito_2k3 5]

Alright, I guess you are right...this is bloody ridiculous I am a believer that a K1 should be authorized to work straight away as long as the AOS has been filled...and he shouldn't have to wait for the bloody EAD that takes forever to be delivered

IT's pretty tough to go through that when you are familiar with the EU flexibility.

Thanks for your help anyway

Look at item A5 on the last page of the I-9 Form. I think that the stamp is still valid...

Hi guys,

I need your help again I will never thank the community enough for the knowledge that's contained in here!

So, here is my question, as per the title, I filed for AOS and I am waiting for my EAD...however my i-94 will expire soon and I was wondering if there was any possibilities for me to extend the work authorization that was stamped at my POE??

Any help is GREATLY appreciated!

Thanks

Seb

Very simple amswer..... NO you can not extend a temp EAD stamp that is on your I-94.

Also the temp EAD stamp is no longer acceptable as evidence to show Employment Authorization on the I-9 form that you will have to complete to start a new job.

Hmm, really?? Where do you get this information from?

Thanks

NOT UNLESS YOUR VISA IS FOR A SPECIFIC EMPLOYER.

And it can not be extended.

Have a read of the information below. It has been taken from the Employers Handbook for the Form I-9. You will see that nowhere does it mention K1 Visa holders. My HR Department just did a E-Verify on a K1 who claimed she was employment authorized and it came back as "Not Authorized"

http://www.uscis.gov/files/nativedocuments/m-274.pdf

27. Q. My employee has presented a foreign passport with a Form I-94 or I-94A (List A, Item 5) indicating an employment-authorized nonimmigrant status. How do I know if this nonimmigrant status authorizes the employee to work?

A. You, as the employer, likely have submitted a petition to USCIS on a nonimmigrant worker’s behalf. However, there are some exceptions to this rule:

1. You made an offer of employment to a Canadian passport holder who entered the United States under NAFTA with an offer letter from your company. This nonimmigrant worker will have a Form I-94 or Form I-94A indicating TN status, and may present either a passport or a valid Canadian driver’s license in combination with Form I-94 or Form I-94A.

2. A student working in on-campus employment or participating in curricular practical training. (See questions 28 and 29.)

3. A J-1 exchange visitor. (See question 34.)

Most employees who present a foreign passport in combination with a Form I-94 or I-94A (List A, Item 5) are restricted to work for their petitioning employer. If you did not submit a petition for an employee who presents such documentation, then that nonimmigrant worker is not usually authorized to work for you.

The table below lists the nonimmigrant classifications that indicate that an employee is authorized to work incident to status.

Such classifications will be indicated on Form I-94 or I-94A.

[Slightly Bonkers 0]

"IT's pretty tough to go through that when you are familiar with the EU flexibility."

EU flexibility is a matter of opinion.

[Gary and Alla 3,696]

Hi guys,

I need your help again I will never thank the community enough for the knowledge that's contained in here!

So, here is my question, as per the title, I filed for AOS and I am waiting for my EAD...however my i-94 will expire soon and I was wondering if there was any possibilities for me to extend the work authorization that was stamped at my POE??

Any help is GREATLY appreciated!

Thanks

Seb

There really is not. The work authorization expires with the card, and really is no longer valid since April, anyway. The rules changed regarding the employment authorization stamp.

I will pass this along. My wife got the work authorization at the POE and got a "small job" working a few hours a week at a women's clothing store, more to help her adjust and interact with more native speakers than me. She continued after her I-94 expired (AOS was filed) and she proudly told the IO at the interview she had a job! He said nothing and the green card was approved without any further questions. I have read of many such cases BUT to advise correctly, there is no legal way to extend it (except EAD) and if there was, it would take longer than just getting your green card.

[Kinito_2k3 5]

"IT's pretty tough to go through that when you are familiar with the EU flexibility."

EU flexibility is a matter of opinion.

No it's not Or can you elaborate?

[Kinito_2k3 5]

Hi guys,

I need your help again I will never thank the community enough for the knowledge that's contained in here!

So, here is my question, as per the title, I filed for AOS and I am waiting for my EAD...however my i-94 will expire soon and I was wondering if there was any possibilities for me to extend the work authorization that was stamped at my POE??

Any help is GREATLY appreciated!

Thanks

Seb

There really is not. The work authorization expires with the card, and really is no longer valid since April, anyway. The rules changed regarding the employment authorization stamp.

I will pass this along. My wife got the work authorization at the POE and got a "small job" working a few hours a week at a women's clothing store, more to help her adjust and interact with more native speakers than me. She continued after her I-94 expired (AOS was filed) and she proudly told the IO at the interview she had a job! He said nothing and the green card was approved without any further questions. I have read of many such cases BUT to advise correctly, there is no legal way to extend it (except EAD) and if there was, it would take longer than just getting your green card.

So if the rules changed in April, is it retroactive? I have an appointment on Monday regarding this matter, I will update the thread!

Thanks guys!

[Gary and Alla 3,696]

Hi guys,

I need your help again I will never thank the community enough for the knowledge that's contained in here!

So, here is my question, as per the title, I filed for AOS and I am waiting for my EAD...however my i-94 will expire soon and I was wondering if there was any possibilities for me to extend the work authorization that was stamped at my POE??

Any help is GREATLY appreciated!

Thanks

Seb

There really is not. The work authorization expires with the card, and really is no longer valid since April, anyway. The rules changed regarding the employment authorization stamp.

I will pass this along. My wife got the work authorization at the POE and got a "small job" working a few hours a week at a women's clothing store, more to help her adjust and interact with more native speakers than me. She continued after her I-94 expired (AOS was filed) and she proudly told the IO at the interview she had a job! He said nothing and the green card was approved without any further questions. I have read of many such cases BUT to advise correctly, there is no legal way to extend it (except EAD) and if there was, it would take longer than just getting your green card.

So if the rules changed in April, is it retroactive? I have an appointment on Monday regarding this matter, I will update the thread!

Thanks guys!

No. Actually the rules changed in February but enforcement was delayed until April. Review the new I-9 form, required to be filled out by all employers. The unexpired I-94 with employment authorization stamp is no longer accepted as authorization of employment except for specific work visas. K-1s can not work unless they have an EAD or green card.

In fact, DHS insists it was never the intent, or the law, that K-1s be allowed to work. They say the wording of the I-9 form was vague enough that they could not enforce a prohibition against it and have now changed the wording. In essence, there is nothing to "grandfather" as it NEVER WAS legal for K-1s to work. It was only "not clearly enforceable" prior to February 2 when the new I-9s came out.

[Kinito_2k3 5]

Hi guys,

I need your help again I will never thank the community enough for the knowledge that's contained in here!

So, here is my question, as per the title, I filed for AOS and I am waiting for my EAD...however my i-94 will expire soon and I was wondering if there was any possibilities for me to extend the work authorization that was stamped at my POE??

Any help is GREATLY appreciated!

Thanks

Seb

There really is not. The work authorization expires with the card, and really is no longer valid since April, anyway. The rules changed regarding the employment authorization stamp.

I will pass this along. My wife got the work authorization at the POE and got a "small job" working a few hours a week at a women's clothing store, more to help her adjust and interact with more native speakers than me. She continued after her I-94 expired (AOS was filed) and she proudly told the IO at the interview she had a job! He said nothing and the green card was approved without any further questions. I have read of many such cases BUT to advise correctly, there is no legal way to extend it (except EAD) and if there was, it would take longer than just getting your green card.

So if the rules changed in April, is it retroactive? I have an appointment on Monday regarding this matter, I will update the thread!

Thanks guys!

No. Actually the rules changed in February but enforcement was delayed until April. Review the new I-9 form, required to be filled out by all employers. The unexpired I-94 with employment authorization stamp is no longer accepted as authorization of employment except for specific work visas. K-1s can not work unless they have an EAD or green card.

In fact, DHS insists it was never the intent, or the law, that K-1s be allowed to work. They say the wording of the I-9 form was vague enough that they could not enforce a prohibition against it and have now changed the wording. In essence, there is nothing to "grandfather" as it NEVER WAS legal for K-1s to work. It was only "not clearly enforceable" prior to February 2 when the new I-9s came out.

Correct

So I went to this appointment yesterday to ask several questions and I thought that one episode is worth sharing I was supposed to go to Omaha, NE next week to get my Biometrics taken (I now live in NC). I mentioned it to the IO and on the spot she got me straight away an appointment for 2 minutes later in the Durham, NC USCIS office I am pretty pleased about it!! Not only she saved me time and money, but also she helped me speeding up the AOS process How sweet!!

[Angela & Paul 12]

Can you please clarify...

Aside from the EAD stamp at the airport, the discussion above also implies you can NOT work on an EAD that's part of the AOS, since the EAD authorization will not be specific to an employer. Correct?

So why do they give an EAD stamp at the airport, and why do they give an EAD before the Green Card?

[TayRivers 4]

Can you please clarify...

Aside from the EAD stamp at the airport, the discussion above also implies you can NOT work on an EAD that's part of the AOS, since the EAD authorization will not be specific to an employer. Correct?

So why do they give an EAD stamp at the airport, and why do they give an EAD before the Green Card?

The EAD you get when you apply for AOS allows you to work and will satisfy the requirements of the I-9 form.

The EAD Stamp that is put on your I-94 card at the POE used to be acceptable for the I-9 form as long as your I-94 was still valid, so a K1 visa holder could be employed for the 90 days after they arrived in the US.

The Temp EAD stamp is now only valid for employment if the Visa you are entering the US on is a Work visa and names a spesific employer.

So K1 Visa holders can no longer use the stamp on a I-94 as proof of Employment Authorization.

[Gary and Alla 3,696]

Can you please clarify...

Aside from the EAD stamp at the airport, the discussion above also implies you can NOT work on an EAD that's part of the AOS, since the EAD authorization will not be specific to an employer. Correct?

So why do they give an EAD stamp at the airport, and why do they give an EAD before the Green Card?

If I implied that, I am sorry. An EAD that is filed with the AOS is indeed valid for work (when approved and received) . The "employment authorization " stamp on the I-94 is valid ONLY with the addition of a specific work visa for a specific job the visa was issued for. It makes no difference to a K-1 if they get the stamp or not anymore. EADs do not always arrive before the green card, in our case it did not.