Conditions of temporary EAD

[kitnaw 0]

K1 can apply for SSN without the EAD ..i am K1 and I got mine

just present your passport and visa, I-94, birth and marriage certificate..to establish your identity

and reiterate to them that K1 doesn't need to have the EAD for SSN card application according to USCIS and SSA policies..

you know some of their staff/personnel might not informed/oriented well regarding these policies

[mozplay 28]

Marizylle,

As a K1 you are employment authorized for your 1st 90 days in the USA. Being employment authorized, you do not have to have an EAD in hand for an employer to hire you, but you do have to apply for an EAD. You must show your employer a receipt for your application within 3 days of beginning work and the EAD itself within 90 days. Same for a SS card.

Talk with LabCorp and see if they share this understanding. Also about what's going to happen when the 90 days runs out, at which point you will need new employment authorization and a new EAD.

Yodrak

Yodrak,

Thanks so much for posting this. It led me on a search and was thrilled to find out about the K1 actually being the work authorization (of sorts). Not that I'm doubting you .. but can you point me in the right direction to find an 'official' site detailing the bit I have highlighted above. It may help to have something on paper when speaking with possible employers.

Thanks!

Monique

[jen&darcy 0]

I thought I would add my two cents for whatever its worth. Darcy passed through customs on September 29th and received his authorization to work through the Detroit POE. He applied for his SSN # on October 2nd. He was not yet in the SAVE system and had to wait 8 business days to get his SSN #. He went back into the office to get his SSN #. He received his actual SS card 2 weeks after applying for the card. He is now beginning to work on Sunday, October 29th. He can work until December 28th.

We haven't filed the AOS yet because we are trying to save up some money for the ridiculous fees associated with it.

Jen

[Yodrak 7]

Monique,

The instructions attached to Form I-9 say this.

What might be a bit difficult to find is an authoritative source stating explicitly that K1s are employment authorized incident to status. Check some of mdyoung's posts explaining why a K1 is eligible for a SS card - maybe one of the SSA guidelines he often posts have language that would work for you.

Yodrak

Marizylle,

As a K1 you are employment authorized for your 1st 90 days in the USA. Being employment authorized, you do not have to have an EAD in hand for an employer to hire you, but you do have to apply for an EAD. You must show your employer a receipt for your application within 3 days of beginning work and the EAD itself within 90 days. Same for a SS card.

Talk with LabCorp and see if they share this understanding. Also about what's going to happen when the 90 days runs out, at which point you will need new employment authorization and a new EAD.

Yodrak

Yodrak,

Thanks so much for posting this. It led me on a search and was thrilled to find out about the K1 actually being the work authorization (of sorts). Not that I'm doubting you .. but can you point me in the right direction to find an 'official' site detailing the bit I have highlighted above. It may help to have something on paper when speaking with possible employers.

Thanks!

Monique

Jen,

Please add this experience to the POE web site, if you haven't already.

http://www.k1poelist.com/

People will be interested to know this.

Yodrak

.... Darcy passed through customs on September 29th and received his authorization to work through the Detroit POE. .....

Jen

[meauxna 15]

What might be a bit difficult to find is an authoritative source stating explicitly that K1s are employment authorized incident to status. Check some of mdyoung's posts explaining why a K1 is eligible for a SS card - maybe one of the SSA guidelines he often posts have language that would work for you.

Yodrak,

I've been left in confusion since this thread:

http://britishexpats.com/forum/showthread....95333&pp=15

"Pursuant to 8 C.F.R. 5 214(d) and 8 C.F,R. § 274a.l2(a)(6), USCIS currently provides employment authorization to K-1 nonimmigrants for duration of status of up to 90 days, upon approval of an application for employment authorization (Form 1,765). Such employment authorization is discretionary in nature and is not mandated by statute.

Employment authorization for K-1 nonimmigrants is not granted automatically incident to status, and once obtained, the employment authorization cannot be extended beyond the 90-day duration of status."

Granted, those are the words of the Ombudsman, not the statute itself. The O-man explains approval via I-765 application, which supports your earlier suggestion.

[Yodrak 7]

meauxna,

I'm stumped also also.

I wonder if MrF could be stimulated to render an opinion on this 'authorized incident to status' issue given this recent pronouncement?

Yodrak

Yodrak,

I've been left in confusion since this thread:

http://britishexpats.com/forum/showthread....95333&pp=15

"Pursuant to 8 C.F.R. 5 214(d) and 8 C.F,R. § 274a.l2(a)(6), USCIS currently provides employment authorization to K-1 nonimmigrants for duration of status of up to 90 days, upon approval of an application for employment authorization (Form 1,765). Such employment authorization is discretionary in nature and is not mandated by statute.

Employment authorization for K-1 nonimmigrants is not granted automatically incident to status, and once obtained, the employment authorization cannot be extended beyond the 90-day duration of status."

.....

[meauxna 15]

Yodrak,

I've been unsuccessful at stimulating him myself.

meauxna,

I'm stumped also also.

I wonder if MrF could be stimulated to render an opinion on this 'authorized incident to status' issue given this recent pronouncement?

Yodrak

Yodrak,

I've been left in confusion since this thread:

http://britishexpats.com/forum/showthread....95333&pp=15

"Pursuant to 8 C.F.R. 5 214(d) and 8 C.F,R. § 274a.l2(a)(6), USCIS currently provides employment authorization to K-1 nonimmigrants for duration of status of up to 90 days, upon approval of an application for employment authorization (Form 1,765). Such employment authorization is discretionary in nature and is not mandated by statute.

Employment authorization for K-1 nonimmigrants is not granted automatically incident to status, and once obtained, the employment authorization cannot be extended beyond the 90-day duration of status."

.....

[mozplay 28]

The conflicting information is confusing me as well.

There is an area on the I9 to indicate whether one is "an alien authorized to work until _____" and it would seem that that is the category into which I would fall.

The Social Security link provided by MdYoung https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500 (look under section C) also seems to indicate that no extra paperwork is needed.

But this link to the USCIS website http://www.uscis.gov/lpBin/lpext.dll/inser...b-8cfrsec274a12 (under section 274a.12) seems to indicate that a K-1 needs to apply for the authorization and that it is not guaranteed.

Aarrgghhh. The other acronym I keep seeing is DHS - can someone tell me who the DHS is? And probably most importantly, who is the most important of all the organizations? Should I take the word of the SS offices over USCIS?

I think a little lawyer visit may be necessary here. Hmmm.

Monique

[meauxna 15]

DHS = Department of Homeland Security. they trump *everyone*.

CIS is a department underneath them--when they broke up INS they made three agencies out of one (google 'legacy INS').

There is the theoretical, and the practical. I believe that if it were me, I could make a case for work auth and get hired, with the info in this thread.

IF (big if) it ever came back on me, I would remember that unauthorized work is routinely forgiven for spouses of US citizens at Adjustment.

Much also depends on the employer and how strict they are about completing their I-9. If a big organization, more likely that they have an ironclad process. If a small company, well, some people don't ever complete an I-9. Form I-9 is the employer's responsibility and they are required to keep them on file at the place of business. The forms are not sent off anywhere.

It's been my observation that atorneys are just as split on this issue as anyone else. I have always seen lawyers say that K-1s are 'employment authorized incident to status', but the O-man seems to be calling this into question.

About that USCIS link,

"must apply to the Bureau of Citizenship and Immigration Services (BCIS) for a document evidencing such employment."

I believe that asking for the POE stamp could be considered 'applying' for the EA document & that is how it complied with the law.

And,you can make the application immediately at tnety, as Yodrak suggests above. That, and form I-9, may be the answer you're looking for.

[Yodrak 7]

Marizylle,

How did things go with LabCorp? Did they accept the arguement that as a K1 you are employment authorized until your I-94 expires, and that being EA you can start working and have 90 days to produce an EAD to show them?

Yodrak

Hi,

JFK is my POE too. Im here in NJ under K1 Visa. I already have a job call in LabCorp, but i am not sure if I am authprized to work. My I-94 reflects only the duration of how long I am allowed to stay in the US.

Would it be possible to go back to JFK and ask the immigration to write the same thing in my I-94?

Do I have to file EAD ahead of AOS? (am not yet married).....

Thank you.

Marizylle