no EAD, no work for K1

[kitnaw 0]

isn't it that A k1 visa is not allowed to work unless if she got an EAD..

is there a real exemption to that? because for what I believe EAD is a must and working without EAd could possibly result to deportation or AOS denial.

thank you so much!.. i want to hear your opinion

Edited October 18, 2006 by mrs.kpride8

[Kez/JWolf 6]

The stamp on the back of her I-94 is a Temp EAD and is good for work until the date it expires...

Kezzie

[kitnaw 0]

thank u Kezzie

[am1996 0]

By the way, USCIS intends to propose eliminating employment eligibility of K1 holders See this USCIS response to the Ombudsman's recommendations.

[Yodrak 7]

mrs.kpride8,

Your friend is not exempted from needing an EAD by that stamp on the back of her I-94 - that stamp makes the I-94 a valid EAD.

Beyond that, my understanding is that a K1, being EA, can work for up to 90 days without an EAD as long as they have applied for an EAD. I-9 tells us that if a person is employment authorized, and K1s are employment authorized incident to status (that's why the SSA will issue a SS card to them), they have 3 days to show the employer a receipt for the EAD application and 90 days to show the employer the EAD. That 90 days to show the EAD is more than adequate for a K1 since their K1-based EA will expire before or at the same time as the deadline for showing an EAD. [Edit: I observe that some of what I have written in this paragraph is contrary to what is written in the Director Gonzalez' response to the USCIS Ombudsman. I concede to Gonzalez.]

Working without an EAD will not result in denial of adjustment. (Nor will working without EA, for that matter, for a person who is applying for adjustment on the basis of marriage to a US citizen.) Although, the employer may be open to some trouble if it fails to properly document its' employee's employability.

Yodrak

isn't it that A k1 visa is not allowed to work unless if she got an EAD..

i have a friend who keeps on insisting that she is allowed to work because an Immigration officer stamped at the back of her I-94 "authorized to work 'til dec.19, 2006" which is the expiration date of her I-94.

I told her that nobody is exempted to that rule (no EAD no work for K visa) but she said she is "exempted" because her prospect employer accepted the stamp in her I-94..

is there a real exemption to that? because for what I believe EAD is a must and working without EAd could possibly result to deportation or AOS denial.

thank you so much!.. i want to hear your opinion

Edited October 18, 2006 by Yodrak

[kitnaw 0]

is this already implimented?