EAD timeline

[Kristin.l.m 0]

I've spent free moments in the last few days trying to distill how the EAD process really works for K-1 recipients before my hubby moves forward with submitting job applications. This shouldn't be so hard to figure out, and it seems that there is a lot of misinformation in this forum. I really wish somebody would add a procedural description on how the initial and renewal EAD application process proceeds AFTER submitting the packet.

My hubby's recent history: He was fortunate to arrive through JFK on July 18, and he received a temporary (90-day) EAD there. We were married on July 21, submitted our AOS/EAD paperwork 2 weeks later, and our NOA date is August 17. He goes for his biometrics this Thursday (Aug 31). In the meantime, he's getting really bored at home and would like to have something to do. Also, who knows how long the rest of the process will take? My salary is almost enough to cover all of our expenses, and he has some savings, but naturally we'd like to use that as carefully as possible since we don't know when he'll get his EAD.

My questions:

1 - I read somewhere on here that it's the employer's responsibility to ensure that he's legal to work, not his responsibility to disclose when his temporary EAD expires. Is this true in the case of the temp ones received at JFK?

2 - If he's going to work, is it better that he take a lame job (e.g., anything that will pay him even if it doesn't have anything to do with his degree/experience) or a real job (i.e., something that will actually help build his resume)? Alternately, for other college grads in business out there, is it better to have "dead time" on his resume versus a 2-month stint at McDonalds?

3 - If it takes more than 90 days to receive the EAD from the NOA date, can he apply for another 90-day temp at our local office? (Meaning, if it lapses and he has to stop working, if he still hasn't received it a month later he could potentially get this and start working again?)

Thanks for help clarifying a rather convoluted issue.

[aidan80 9]

I can’t really answer your questions in full but I do know that once the initial 90 day (I assume POE issued stamp) EAD expires the only way to get another EAD is to wait for the 1 year EAD to be approved. If 90 days pass from receipt of NOA 1 for the 1 year EAD then you could request a temporary EAD to be issued at your local office. I also read on other posts that an employee has 90 days in order to fulfill the requirements of an I-9. I assume your husband already has a SSN?

I could very well be wrong here, I’m sure someone will correct me if I am wrong.

My advice and I’ve been here approx 10 months and only just got my EAD (although just applied for it in April) is to wait the extra month or two and get the EAD in hand before starting work.

Good Luck!

[frndly1 1]

I agree with aidan, I have not seen the results of someone going thru the AOS and was denied or approved although the Immigrant worked when they were not suppose to. You have come to far to have something like this blow up in your face. Tell you husband he is not the only one sitting at home waiting.

Wish you the best.

I can’t really answer your questions in full but I do know that once the initial 90 day (I assume POE issued stamp) EAD expires the only way to get another EAD is to wait for the 1 year EAD to be approved. If 90 days pass from receipt of NOA 1 for the 1 year EAD then you could request a temporary EAD to be issued at your local office. I also read on other posts that an employee has 90 days in order to fulfill the requirements of an I-9. I assume your husband already has a SSN?

I could very well be wrong here, I’m sure someone will correct me if I am wrong.

My advice and I’ve been here approx 10 months and only just got my EAD (although just applied for it in April) is to wait the extra month or two and get the EAD in hand before starting work.

Good Luck!

[Kristin.l.m 0]

I'm not sure how comforted he'll be knowing that there are many other people out there also twiddling their thumbs.

Yes, he has a SSN already. He was here on a student visa for 4 years, left for a year, and then came back again. We didn't know that he "lost" his SSN once he returned home until they told him that he needed to reapply for his old number at his K-1 embassy interview. They took care of this for him then. The only card we have, however, is his old one, which is stamped "Valid only with INS (or DHS) Authorization." I just read on the I-9 website that this is apparently not good enough to satisfy the I-9 requirements. Does this mean we also need to get a new card issued at some point in the future? Or it is not good enough in and of itself... i presume that it needs to be supported by the EAD and other identification.

[Dr_LHA 3]

We didn't know that he "lost" his SSN once he returned home until they told him that he needed to reapply for his old number at his K-1 embassy interview.

Is this true? I never heard that before.

I'm still using my SSN card from 14 years ago, and nobody ever told me I would need to get it "renewed". Once a SSN is issued its issued "for life" I thought, although the "Valid for work only with INS Authorization" does mean you need an EAD or similar to actually use it for work.

Edited August 29, 2006 by dr_lha

[Kristin.l.m 0]

We didn't know that he "lost" his SSN once he returned home until they told him that he needed to reapply for his old number at his K-1 embassy interview.

Is this true? I never heard that before.

I'm still using my SSN card from 14 years ago, and nobody ever told me I would need to get it "renewed". Once a SSN is issued its issued "for life" I thought, although the "Valid for work only with INS Authorization" does mean you need an EAD or similar to actually use it for work.

Strangely enough, yes. I think it only applies if your visa expires and you leave the country (he left for a year after completing college). So if you haven't left for a long period of time, then there's probably nothing to worry about.

I don't think they would have given the number to anybody else, which is comforting (considering all the uses of the SSN). Maybe a better way of thinking about it is "deactivating" and "reactivating."

[Dr_LHA 3]

I left for 7 years, and came back and started using it again! When I entered the US in 1999, I showed my immigration people my old SSN card and their response was "Great, one less thing you have to worry about!".

The Social Security Office send me statements, so I know I'm in their system.

Maybe they changed the rules recently!

Edited August 29, 2006 by dr_lha