Can I work with my EAD stamp that is up to May 2010 upon POE if my k1 visa will expire this August?

[Usui Takumi 1,562]

I also know that this is not a Grey issue anymore. However, it is obvious that USCIS hasn't exactly cleaned up the other elements within this issue.

Back to my original statement - the border officials need to stop giving out an otherwise misleading document.

[TracyTN 237]

I honestly wonder why they don't update this policy all together. What is the point of the stamp?? Or is it more relevant for other visa types?

[Usui Takumi 1,562]

Tracy, YES!!! That is my whole point! Why don't they? and until they do I don't see how anyone can be prosecuted!.

By the way, i'm only arguing this from a k1 holder who is in the dark, which should be no one here. Bobby mentioned ignorance of the law is no excuse which I agree with. However the main way a k1 holder would get hung up for working is during the AOS interview. In that situation it has more to do with knowingly working without authorization versus working without authorization but not realizing it.

And to Bobby's comment if that were to ever happen (again show me the money on this one) with decent representation you would easily get out of it.

Edited July 16, 2009 by lancer1655

[rebeccajo 14]

Tracy, YES!!! That is my whole point! Why don't they? and until they do I don't see how anyone can be prosecuted!.

By the way, i'm only arguing this from a k1 holder who is in the dark, which should be no one here. Bobby mentioned ignorance of the law is no excuse which I agree with. However the main way a k1 holder would get hung up for working is during the AOS interview. In that situation it has more to do with knowingly working without authorization versus working without authorization but not realizing it.

And to Bobby's comment if that were to ever happen (again show me the money on this one) with decent representation you would easily get out of it.

lancer - I hate to burst your bubble, but being in the dark never alters the consequences.

There are many young people in the US, brought over illegally by their parents and now over 18, who cannot file for adjustment of status and be forgiven for that illegal entry. They were not only in the dark but innocent children when the breach occurred.

The law is the law. To suggest otherwise to readers is a disservice to them.

[Cuchita 1]

Is CBP under DHS rules?

[Usui Takumi 1,562]

Tracy, YES!!! That is my whole point! Why don't they? and until they do I don't see how anyone can be prosecuted!.

By the way, i'm only arguing this from a k1 holder who is in the dark, which should be no one here. Bobby mentioned ignorance of the law is no excuse which I agree with. However the main way a k1 holder would get hung up for working is during the AOS interview. In that situation it has more to do with knowingly working without authorization versus working without authorization but not realizing it.

And to Bobby's comment if that were to ever happen (again show me the money on this one) with decent representation you would easily get out of it.

lancer - I hate to burst your bubble, but being in the dark never alters the consequences.

There are many young people in the US, brought over illegally by their parents and now over 18, who cannot file for adjustment of status and be forgiven for that illegal entry. They were not only in the dark but innocent children when the breach occurred.

The law is the law. To suggest otherwise to readers is a disservice to them.

Thats fine but it doesn't change the fact that government officials are still handing out stamps that say work authorized...without if ands or buts.

Did the US hand those children documents saying they could live in the US???? No!

Did the US hand the K1 holder a document saying on it despite the law that they are authorized to work???? Yes!

Edited July 16, 2009 by lancer1655

[Cuchita 1]

Anybody: Is CBP under DHS rules or a part of it?

[payxibka 10,044]

Anybody: Is CBP under DHS rules or a part of it?

DHS is the Department

CBP, USCIS, ICE, TSA, etc... are all agencies under the umbrella of the DHS

[rebeccajo 14]

Anybody: Is CBP under DHS rules or a part of it?

DHS is the Department

CBP, USCIS, ICE, TSA, etc... are all agencies under the umbrella of the DHS

I am not sure but I don't think TSA in under DHS.

At any rate, even though these agencies all are under the umbrella of DHS, they serve separate functions not only because there are so many 'jobs' to do. They have rules and regulations that cross-balance each other, the goal being a system of checks and balances.

[payxibka 10,044]

Anybody: Is CBP under DHS rules or a part of it?

DHS is the Department

CBP, USCIS, ICE, TSA, etc... are all agencies under the umbrella of the DHS

I am not sure but I don't think TSA in under DHS.

At any rate, even though these agencies all are under the umbrella of DHS, they serve separate functions not only because there are so many 'jobs' to do. They have rules and regulations that cross-balance each other, the goal being a system of checks and balances.

believe me they are

Transportation Security Administration | U.S. Department of Homeland Security

http://www.tsa.gov/who_we_are/index.shtm

Edited July 16, 2009 by payxibka

[rebeccajo 14]

Tracy, YES!!! That is my whole point! Why don't they? and until they do I don't see how anyone can be prosecuted!.

By the way, i'm only arguing this from a k1 holder who is in the dark, which should be no one here. Bobby mentioned ignorance of the law is no excuse which I agree with. However the main way a k1 holder would get hung up for working is during the AOS interview. In that situation it has more to do with knowingly working without authorization versus working without authorization but not realizing it.

And to Bobby's comment if that were to ever happen (again show me the money on this one) with decent representation you would easily get out of it.

lancer - I hate to burst your bubble, but being in the dark never alters the consequences.

There are many young people in the US, brought over illegally by their parents and now over 18, who cannot file for adjustment of status and be forgiven for that illegal entry. They were not only in the dark but innocent children when the breach occurred.

The law is the law. To suggest otherwise to readers is a disservice to them.

Thats fine but it doesn't change the fact that government officials are still handing out stamps that say work authorized...without if ands or buts.

Did the US hand those children documents saying they could live in the US???? No!

Did the US hand the K1 holder a document saying on it despite the law that they are authorized to work???? Yes!

lancer -

Is there some reason you want to keep beating this dead horse?

This is one of those cases where it doesn't matter what we think. What matters is the law. Since the I9 was revised, the law is abundantly clear as to which documents constitute legal employment.

There are people on this forum who will advocate that POMS regs from Social Security prove legal employment. You and others are suggesting that an I94 stamped at JFK constitutes a work authorization document. But the I9 tells us it does not.

It is what it is. Our time on these forums would be better spent learning about ways to navigate the system, rather than stressing out over what we think is unfair, contradictory, or just plain dumb.

Anybody: Is CBP under DHS rules or a part of it?

DHS is the Department

CBP, USCIS, ICE, TSA, etc... are all agencies under the umbrella of the DHS

I am not sure but I don't think TSA in under DHS.

At any rate, even though these agencies all are under the umbrella of DHS, they serve separate functions not only because there are so many 'jobs' to do. They have rules and regulations that cross-balance each other, the goal being a system of checks and balances.

believe me they are

Transportation Security Administration | U.S. Department of Homeland Security

http://www.tsa.gov/who_we_are/index.shtm

Okeys! Thanks!

[TracyTN 237]

I don't think lancer is stressing out per se (nor am I). The POE stamp just seems like a process whose time has come and gone. But getting the govt to change anything will take a while, as we all know...!

[Usui Takumi 1,562]

I like beating things that are dead what can I say...especially toads because their guts fly everywhere.

Sorry if I started ranting. I am in agreement that the stamps are not legit anymore and that the I9 is the law. I was just saying that because the documents themselves are misleading and are contradictory to the I9 that until CBP stops issuing them then those who try and use them should not be prosecuted.

[Cuchita 1]

Who writes the I-9?

[Usui Takumi 1,562]

USCIS has written it.