K1 Visa Stamp- eligible to work?

[Mdevine92 0]

Hi Guys,

Arrived in JFK with my K1 visa last night, handed the official the sealed packet and he took me to the side room where he stamped the visa and wrote my alien number alongside it. I asked him about changing status and he said I could work right off the bat until my greencard came through, so long as I showed my employer the stamped visa in my passport.

This threw me as everything I've read online has said you're not able to work until you either get a greencard or the employment authorization document, but he checked what he said with two other officers and they agreed that I was able to work right off the bat.

Does anyone know anything about this? I don't want to get into trouble for working when I'm not supposed to, but I don't see how an immigration officer could be wrong about this.

thanks

[MarieG 2]

Hmm, I heard we can't work until we get a greencard. Please double check my dear. Congrats on your arrival to the states. I am still in AP since Oct 7th 2015.

[baron555 934]

Hi Guys,

Arrived in JFK with my K1 visa last night, handed the official the sealed packet and he took me to the side room where he stamped the visa and wrote my alien number alongside it. I asked him about changing status and he said I could work right off the bat until my greencard came through, so long as I showed my employer the stamped visa in my passport.

This threw me as everything I've read online has said you're not able to work until you either get a greencard or the employment authorization document, but he checked what he said with two other officers and they agreed that I was able to work right off the bat.

Does anyone know anything about this? I don't want to get into trouble for working when I'm not supposed to, but I don't see how an immigration officer could be wrong about this.

thanks

Wrong information.....can not legally work until you have the EAD or GC in hand.

[Mdevine92 0]

Wrong information.....can not legally work until you have the EAD or GC in hand.

I thought as much, weird they would give me the wrong information though.

[Boiler 43,687]

Years ago JFK would give you a stamp that was effectively an EAD, times changed,

[Pitaya 2,576]

~Attempted thread hijack moved to new thread~

http://www.visajourney.com/forums/topic/575301-visa-arrival-in-jamaica-split-thread/

[Sara_1982 17]

When I applied for my SSN just after arrival on my K1 the clerk said that I could work on my K1 until I got married. As soon as I got married I couldn't work anymore before getting my EAD or Greencard. I was surprised since that was not what I have heard. But I'm also not sure if it was the correct information. I obviously didn't work since it's pretty hard to find a job for only a couple of months anyway...

[mallafri76 1,012]

Guess they're confused about the K-1 and CR/IR-1 visa. On the CR/IR-1 visa you can work as soon as you enter the US. On the K-1 visa, you have to apply for your EAD/GC before you're allowed to work. One of the reasons why some people choose the CR/IR-1 visa over the K-1 visa.

[Boiler 43,687]

The Clerk was also an Immigration Lawyer?

[Amhara 460]

From what I have read, you can apply for EAD before you AOS, but it's only valid for 90 days from the POE date. If I remember correctly, you need to pay the separate fee (whereas there is no additional fee when you file for the EAD during AOS), and since the EAD takes, on average, 2.5 months to process, it's a waste of time and money.

So yes, a K-1 entrant can technically work right at the beginning, but only after receiving EAD (not GC). Might as well file for AOS and receive EAD.

[S_R 148]

Question : Can I work immediately after entering the United States on a K1 visa

Answer : Absolutely not period.

[Mdevine92 0]

From what I have read, you can apply for EAD before you AOS, but it's only valid for 90 days from the POE date. If I remember correctly, you need to pay the separate fee (whereas there is no additional fee when you file for the EAD during AOS), and since the EAD takes, on average, 2.5 months to process, it's a waste of time and money.

So yes, a K-1 entrant can technically work right at the beginning, but only after receiving EAD (not GC). Might as well file for AOS and receive EAD.

You don't have to pay the EAD fee? I was looking through the AOS guide and it still says we have to include the fee (its $300 or so right?)

[Amhara 460]

You don't have to pay the EAD fee? I was looking through the AOS guide and it still says we have to include the fee (its $300 or so right?)

On those guides, it says, "The fee for I-485 applications includes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication)"

So if you file the I-765 now, before AOS, then you do have to pay the fee. If you file it with the AOS, then you don't need to pay an additional fee.

One thing, you can apply for the EAD now, pay the extra fee, then request an expedite - if you qualify for it. I saw one couple here on VJ expedited their EAD after their AOS.

So it's possible, I suppose.