"Employment Authorized" written on back of I-94 form

[K3 Seekers 0]

My wife landed USA from JFK POE, I am not sure what that mean but on the back of I-94 form, there is a red stamp of:

"[NYC 32] Employment Authorized Jan 14, 2011"

Does this mean she needs to get EAD or she is issued EAD?

May be someone can shed some light on it?

Thanks

[gen&paul 0]

My wife landed USA from JFK POE, I am not sure what that mean but on the back of I-94 form, there is a red stamp of:

"[NYC 32] Employment Authorized Jan 14, 2011"

Does this mean she needs to get EAD or she is issued EAD?

May be someone can shed some light on it?

Thanks

It means that she is authorized to work. You just need to get married and apply for social security card. I came through Newyork, i was issued thesame stamp, and i started working two months after been here. She is lucky to get that because she can be working while processing her adjustment of status.

[Zen Den 18]

My wife landed USA from JFK POE, I am not sure what that mean but on the back of I-94 form, there is a red stamp of:

"[NYC 32] Employment Authorized Jan 14, 2011"

Does this mean she needs to get EAD or she is issued EAD?

May be someone can shed some light on it?

Thanks

JFK POE means that her Point Of Entry was the John F. Kennedy (JFK) airport in new york. that stamp is a temporary EAD good for 90 days, if she intends to work right away, but which doesn't matter if she's doesn't. good for her, she has an option to accept employment as soon as she gets ger ssn. congrats on her safe arrival =)

[K3 Seekers 0]

JFK POE means that her Point Of Entry was the John F. Kennedy (JFK) airport in new york. that stamp is a temporary EAD good for 90 days, if she intends to work right away, but which doesn't matter if she's doesn't. good for her, she has an option to accept employment as soon as she gets ger ssn. congrats on her safe arrival =)

Thanks for the reply, so does this stamp enough evidence for her to get SSN? We went to Sosical Security office and guy said she needs EAD. Unfortunately I did not see that stamp in back of I-94 neither did he. Should we go back and show him this stamp?

Thanks again.

[milimelo 4,196]

It means that she is authorized to work. You just need to get married and apply for social security card. I came through Newyork, i was issued thesame stamp, and i started working two months after been here. She is lucky to get that because she can be working while processing her adjustment of status.

WRONG.

The rules have changed back in 2009 and now if she does NOT have a physical EAD card (part of the AOS) process she CAN NOT work.

Read up I-9 form and you'll see for yourself.

Edited October 20, 2010 by milimelo

[Deputy Purple 1,294]

Thanks for the reply, so does this stamp enough evidence for her to get SSN? We went to Sosical Security office and guy said she needs EAD. Unfortunately I did not see that stamp in back of I-94 neither did he. Should we go back and show him this stamp?

She can get a SSN without EAD on K-1 it just will be marked along the lines of "Not Authorized for Work" or "Not Valid for Employment".

BTW, JFK was supposed to have stopped stamping K-1s like that per the change in the I-9 requirements.

[Dave&Roza 748]

WRONG.

The rules have changed back in 2009 and now if she does NOT have a physical EAD card (part of the AOS) process she CAN NOT work.

Read up I-9 form and you'll see for yourself.

This has been hashed out in the pinned thread about EAD. The CFRs state that a K-1 visa holder as a nonimmigrant is authorized to apply for a SSN and work authorization. Until the application is approved by the authorizing agency--read USCIS--the K-1 visa holder is not able to legally work in the USA. When you enter the USA at any POE, the agency stamping your passport is the CBP NOT the USCIS so wherever they give you is worthless as they are not the authorized agency--USCIS is. Same with the SSN. The SSA can state that you are authorized to work and issue a SSN, but you are still not able to work legally until the authorized agency--the USCIS--grants you work authorization (EAD or GC).

To steal from others: "Under the relevant provisions of 8 CFR 274a.12(a)(6), a K-1 visa holder may be entitled to apply for what is known as work authorization."

"The work permit’s technical name is: Employment Authorization Document (EAD). There are those who are under the mistaken impression that work authorization is a right. In fact, under current United States Immigration laws the K-1 visa holder is not entitled to work authorization as a matter of right, but is simply entitled to submit an application for said status.

A downside of obtaining an Employment Authorization Document while in K-1 status is the fact that the Employment Authorization only lasts as long as the applicant is in K1 status. So it is subject to expiration as soon as the K-1 visa holder’s status changes."

That is why most wait until getting married to apply for AOS. Only the USCIS can grant the work authorization after a proper application is filed with them. It has taken me awhile to get my head around this, but after reading the CFRs (see 8 CFR 274a.12(a)(6) ) on the subject it is clear to me.

Dave

[VanessaTony 3,567]

She is NOT able to work with that stamp. She needs an actual EAD card.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to work authorization stamp given at JFK POE **

[Krikit 1,163]

Guys, they're on a K-3, not a K-1.

My wife landed USA from JFK POE, I am not sure what that mean but on the back of I-94 form, there is a red stamp of:

"[NYC 32] Employment Authorized Jan 14, 2011"

Does this mean she needs to get EAD or she is issued EAD?

It's an error. K-3's are not authorized to work upon entry. K-3's are also not authorized to apply for a SSN until they've received their EAD.

Thanks for the reply, so does this stamp enough evidence for her to get SSN? We went to Sosical Security office and guy said she needs EAD. Unfortunately I did not see that stamp in back of I-94 neither did he. Should we go back and show him this stamp?

No, the stamp is not enough evidence to apply for the SSN. She needs the EAD.

[Dave&Roza 748]

She is NOT able to work with that stamp. She needs an actual EAD card.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to work authorization stamp given at JFK POE **

Correct. I reread my post and it was not clear that that is what I was trying to say.

I think this thread should not have been moved as this question comes up all the time and it is not specific to the POE, but to whether the K-1 visa holder has been issued an EAD after applying for AOS which is where it was originally posted. Just my $0.02.

Dave