working

[inyong 0]

Hello VJ's, why is it SSA document (POMS-RM 10211.536) says K1 visa allowed to work everyone here says

cannot work until you get EAD.

[dindo and patty 20]

Search the K-1 threads. This has been discussed extensively already. The bottom line is no EAD...you cannot legally work.

The authorization to work does not come from SSA, it comes from DHS. That is why when a K-1 visa holder get their SSN

card, it has "not valid for work without DHS authorization" aka EAD.

Edited December 20, 2011 by dindo and patty

[Penguin_ie 5,994]

**** Moving from Waivers to Working While Immigrating forum ****

[ceadsearc 516]

A K-1 is allowed to work, prior to AOS, with authorization. SSA handles the social security aspect of that. USCIS handles the authorization part of that. The SS website is poorly worded but is basically saying that a K-1 is eligible to work (unlike, say, a B-2) but that doesn't mean all they need is the social.

[Tahoma 2,292]

In my opinion, the true test of whether a K-1er is allowed to work while still on their I-94, and without an EAD, is for a potential employer to run the K-1er's info through the E-Verify system. Has anyone tried this?

Others say that a K-1er can apply for an EAD before they adjust status. However, by the time they get their EAD, their I-94 likely will have expired and they won't be able to work despite having just spent $380 for the EAD.

[dindo and patty 20]

In my opinion, the true test of whether a K-1er is allowed to work while still on their I-94, and without an EAD, is for a potential employer to run the K-1er's info through the E-Verify system. Has anyone tried this?

Others say that a K-1er can apply for an EAD before they adjust status. However, by the time they get their EAD, their I-94 likely will have expired and they won't be able to work despite having just spent $380 for the EAD.

Absolutely correct! It is advisable to apply for AOS ASAP along with your application for EAD and AP as there is no additional fee when sent in along with your AOS.

[inyong 0]

Absolutely correct! It is advisable to apply for AOS ASAP along with your application for EAD and AP as there is no additional fee when sent in along with your AOS.

Thanks guys for your reponse. Merry Christmas to all