Jump to content
ACINLOVE

Work authorization in passport not valid for work?

 Share

81 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Italy
Timeline

Hi,

I have been reading lately that the EAD stamped on passport upon entry on JFK (K1 visa) is not valid for work.

Can u please clarify that to me. Why the POE officer stamping my passport told me that I was able to work showing my passport? Of course he told me that I would have to do AOS but I was good to go with that stamp for the first 90 days.

Should I be worried. I am starting a new job next week and I told my employer that I have all papers to work legally.

Many thanks

AC

Link to comment
Share on other sites

  • Replies 80
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Filed: Citizen (apr) Country: Thailand
Timeline
Hi,

I have been reading lately that the EAD stamped on passport upon entry on JFK (K1 visa) is not valid for work.

Can u please clarify that to me. Why the POE officer stamping my passport told me that I was able to work showing my passport? Of course he told me that I would have to do AOS but I was good to go with that stamp for the first 90 days.

Should I be worried. I am starting a new job next week and I told my employer that I have all papers to work legally.

Many thanks

You had better tell your employer that you are not authorized to work after all and wait until you receive your EAD!

This is explained at http://www.visajourney.com/forums/index.ph...180237&st=0

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

Link to comment
Share on other sites

Filed: K-1 Visa Country: Italy
Timeline

Thank you very much.

I am now wondering what would have happened to me if I didn't know that I was not authorized.

And please who is gonna educate all the officers at POE JFK about the rules of the little and nice stamp they do on your passport that is worthed 0?

The officer told me "you are good to go and you can work for the first 90 days".

So who is right now? :angry:

AC

Link to comment
Share on other sites

Thank you very much.

I am now wondering what would have happened to me if I didn't know that I was not authorized.

And please who is gonna educate all the officers at POE JFK about the rules of the little and nice stamp they do on your passport that is worthed 0?

The officer told me "you are good to go and you can work for the first 90 days".

So who is right now? :angry:

The stamp you receive at JFK is a temporary Employment Authorization Document. So why wouldn't you be allowed to work?

If anybody from the government were to ask you why you worked or why you are working, all you'd have to do is show them the stamp with the current date and you'd be ok.

Edited by Eric-Pris
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Thailand
Timeline
Thank you very much.

I am now wondering what would have happened to me if I didn't know that I was not authorized.

And please who is gonna educate all the officers at POE JFK about the rules of the little and nice stamp they do on your passport that is worthed 0?

The officer told me "you are good to go and you can work for the first 90 days".

So who is right now? :angry:

The stamp you receive at JFK is a temporary Employment Authorization Document. So why wouldn't you be allowed to work?

Read the link I posted in my initial response to the original question, then you will understand.

If anybody from the government were to ask you why you worked or why you are working, all you'd have to do is show them the stamp with the current date and you'd be ok.

No, you wouldn't. Read the link.

Edited by rsn

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

Link to comment
Share on other sites

Thank you very much.

I am now wondering what would have happened to me if I didn't know that I was not authorized.

And please who is gonna educate all the officers at POE JFK about the rules of the little and nice stamp they do on your passport that is worthed 0?

The officer told me "you are good to go and you can work for the first 90 days".

So who is right now? :angry:

The stamp you receive at JFK is a temporary Employment Authorization Document. So why wouldn't you be allowed to work?

Read the link I posted in my initial response to the original question, then you will understand.

I read the link. It's just another thread that somebody started. Another subjective opinion.

Why do some people refer to EAD, and completely discount the stamp like it's nothing, like some kind of ornament for your passport. What do you think the stamp that they issue at JFK is? It IS an EAD, but a temporary one.

Per that other thread... K-1's are allowed to work once they have been issued an EAD. At POE, some people are issued temporary EAD's. That's what the stamp is. It doesn't differentiate between temporary and permanent.

Edited by Eric-Pris
Link to comment
Share on other sites

Filed: K-1 Visa Country: Italy
Timeline

Thank you RSN,

I read the document by USCIS and from what I understood it says that immigrant with k1 visa status are required to apply for EAD when they do AOS.

I didn't find any info about the stamp given at POE.

Can u please show me where it says that the stamp is not valid?

Thank you again

AC

Link to comment
Share on other sites

To me this smells of jealousy by those didn't enter through JFK and who are angry that their POE didn't issue them a stamp and are trying to hold back the people that did get one. :unsure:

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Thailand
Timeline
Thank you Eric-Pris,

I agree with you and I need to see with my own eyes the USCIS law about that stamp!

Use your own eyes and read page 53 of the following document released by USCIS: http://www.uscis.gov/files/nativedocuments...grants_2006.pdf.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

Link to comment
Share on other sites

Filed: K-1 Visa Country: Italy
Timeline

I would be very sorry for the jalous people.

I specifically planned my enter in the US through JFK to have that stamp!

Is anybody saying that the stamp is not valid able to prove it?

I should start my job next week and I don't want to break the law!

Thanks

AC

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Thailand
Timeline
I would be very sorry for the jalous people.

I specifically planned my enter in the US through JFK to have that stamp!

Is anybody saying that the stamp is not valid able to prove it?

I should start my job next week and I don't want to break the law!

Thanks

Yes, there is proof. Take a look at page 53 of the document at the top of the link I sent earlier.

Thank you Eric-Pris,

I agree with you and I need to see with my own eyes the USCIS law about that stamp!

Use your own eyes and read page 53 of the following document released by USCIS: http://www.uscis.gov/files/nativedocuments...grants_2006.pdf.

Also look at appendix B.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

Link to comment
Share on other sites

Filed: K-1 Visa Country: Italy
Timeline

Do you mean this part of page 53?

Nonimmigrants Authorized to Work Incident to Status

Some nonimmigrant categories include individuals who, notwithstanding their nonimmigrant

classification, are likely to remain permanently in the United States. In particular, nonimmigrant

categories that are designed to ease family separations caused by visa wait times are based on

the expectation that the individuals will apply for adjustment of status to permanent resident

once in the United States. Thus, persons in these categories are permitted to work once they

have applied for, and been issued , an Employment Authorization Document (EAD) from USCIS.

Please could you tell me the page about the stamp issued on passport?

I understand that k1 visa need to apply for EAD but I don't understant why at POE I have been told that I could work starting next day of my arrival.

AC

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Thailand
Timeline
To me this smells of jealousy by those didn't enter through JFK and who are angry that their POE didn't issue them a stamp and are trying to hold back the people that did get one. :unsure:

That's an interesting, I mean ignorant, theory. Try reading the document I posted which comes directly from USCIS. This document was also posted in the link I mentioned (which I told you to read).

Do you mean this part of page 53?

Nonimmigrants Authorized to Work Incident to Status

Some nonimmigrant categories include individuals who, notwithstanding their nonimmigrant

classification, are likely to remain permanently in the United States. In particular, nonimmigrant

categories that are designed to ease family separations caused by visa wait times are based on

the expectation that the individuals will apply for adjustment of status to permanent resident

once in the United States. Thus, persons in these categories are permitted to work once they

have applied for, and been issued , an Employment Authorization Document (EAD) from USCIS.

Please could you tell me the page about the stamp issued on passport?

I understand that k1 visa need to apply for EAD but I don't understant why at POE I have been told that I could work starting next day of my arrival.

Who cares about the stamp issued on the passport! It clearly states in two places in the PDF (appendix B & page 53) that you MUST apply for and receive a work permit via USCIS.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

Link to comment
Share on other sites

A stamp is an temporary EAD. Therefore, you have the Employment Authoization Document which is required to work per that website. Once it expires, you can't work, until you receive a new EAD.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...