EAD Q

[Jared and May 16]

Just a question.. My wife received the EAD @ JFK and we're filing her AOS next week. If she gets a part-time job can she continue to work past the 90 day expiration of the EAD stamp @ JFK?

Or must she stop working and then wait until we get the AOS EAD?

[Anh map 2,098]

That stamp is not enough for a K1 holder to be employable. She needs the EAD.

[Jared and May 16]

Really? So what value does getting the EAD stamp in JFK hold?

[K and L 27]

That stamp is not enough for a K1 holder to be employable. She needs the EAD.

The EAD stamp that JFK gives is sufficient according to the SSA agent that processed L's SSN application. (L doesn't have one, but I was curious.) The EAD is also sufficient.

In either case, the eligibility expires 90 days after POE, unless you have married and gotten your EAD from the AOS. So, if you're planning on getting married and AOS the first month, you'll have no problems transitioning, though you'll have to update your information with your employer.

Edited September 11, 2010 by K and L

[tallcoolone 102]

Just a question.. My wife received the EAD @ JFK and we're filing her AOS next week. If she gets a part-time job can she continue to work past the 90 day expiration of the EAD stamp @ JFK?

Or must she stop working and then wait until we get the AOS EAD?

If my wife had the stamp from JFK and wanted to work, then she would have a part time job and using the JFK stamp as her EAD.

Just like when she has a 90 entry visa on her visa to USA. Many people wait till the last month before marriage, and then when they file the AOS the 90 day entry visa has expired.

[NigeriaorBust 4,087]

The validity of the stamp at JFK was caused by confusion in the language of the law that was cleared up in early 2009 and the stamp with a K! visa is NOT good enough to use to work. You are free to apply for an EAD based on the K1, it takes about 75 days to process and time to produce so it should arrive on the day it expires. And that would be at cost of 400+ dollars. In fact the K1 and the stamp were never really supposed to be good enough to authorize work but the way things were written sometimes an employer could have assumed it was. Now there is no assumption as it does not fly with E verify for employment. The Social security regulation make mention of K1 and work in the same paragraph but they have no authority to authorize work. The SSN you receive will have on it valid for work with DHS authorization which means a EAD card or a green card. Older member have a bad habit of speeding misinformation about how things were but they are no longer that way.

[tallcoolone 102]

The validity of the stamp at JFK was caused by confusion in the language of the law that was cleared up in early 2009 and the stamp with a K! visa is NOT good enough to use to work. You are free to apply for an EAD based on the K1, it takes about 75 days to process and time to produce so it should arrive on the day it expires. And that would be at cost of 400+ dollars. In fact the K1 and the stamp were never really supposed to be good enough to authorize work but the way things were written sometimes an employer could have assumed it was. Now there is no assumption as it does not fly with E verify for employment. The Social security regulation make mention of K1 and work in the same paragraph but they have no authority to authorize work. The SSN you receive will have on it valid for work with DHS authorization which means a EAD card or a green card. Older member have a bad habit of speeding misinformation about how things were but they are no longer that way.

I am well aware of stamp and the confusion.

If it were me I would go ahead and let my wife work with a EAD Stamp.

[Joan >3 Bob 20]

Why get an EAD all the folks that come here south of the border work and have no documentation:hehe:

Hey it is tax free income also.

Once you get the conditional green card you no longer need an EAD. So why beat a dead horse