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Posted

Hi,

I got a question to see who can help me.

My fiance arrived on October 31st. We got married December 22. His I-94 which allows him to work expires on January 26th. We already send the paperwork for the AOS also including the i-765.

He just got a job and starts Monday. We are scared that after January 26 he won't be legally allowed to work. Is that how it works?

What can be done while the form I-765 is processed?

Thank you!

I appreciate everything

Filed: Citizen (apr) Country: Iran
Timeline
Posted

He doesn't have the proper paperwork for the I-9 which the employer is required to have filled out. http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

He is not authorized to work until he has his EAD in hand to show the employer.

Posted

He cannot work until he has his EAD.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

Oh wow we are VERY confused with this.

Since the form we printed online the I-94 says "If an employer, local, state or federal agency requests admission information, present your admission (I-94) number along with any additional required documents requested by that employer or agency."

And then the SS says

"SOCIAL SEGURITY

valid for work only with DHS authorization "

Oh what a confusion.

And the employer allowed this form.

:/

Thank you everyone. We appreciate it

Belinda:

The employer had him fill out that form i-9 :/

Posted

And then the SS says

"SOCIAL SEGURITY

valid for work only with DHS authorization "

The employer had him fill out that form i-9 :/

In filling out the I-9, what documents did he use? A SSC with the restriction of needing DHS authorization means he must show that authorization which is the employment authorization document (EAD) or the green card (GC). So he really needs a List A document which is the I-551 (GC) or the EAD (I-766).

It is up to both the employer and the employee to know the rules. He is not allowed to legally work in the US until he receives his EAD or GC.

Dave

Posted

In his case, "DHS Authorisation" = an EAD or green card.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

I know that some states allow you to obtain a driving licence with the I-94 expiration date, and I know when I applied for my SSN, the man told me that I was able to work until my I-94 expired, but then when I received the card it said that it was not valid for employment without DHS approval so I never persued any employment until I received my EAD. The EAD comes through relatively quickly if you have no RFEs, about 3 months. If he has already got a job offer, perhaps it's worth getting an infopass appointment and asking for an expedite on the EAD? Others may be able to offer more advice on this.

Filed: Citizen (apr) Country: Russia
Timeline
Posted

After arriving on a K1 you can work for the period of the I94 if you file for an EAD. Most people do not go this route since the EAD application usually takes 45-90 days to process, requires a separate fee, and will only be valid for the period of the I94 related to the K1 entry (I.e. Would need to stop working when the I94 expires). Generally, people get married and file the AOS soon afterward with the EAD application (fee waived if filing jointly with an I485). You cannot work with the SSC alone.

Good Luck, hopefully this will not mess up your AOS.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted

As others have explained here, the husband is not work authorized until AOS with EAD is filed and he has the EAD in his hands. If the employer wants to hire him without this, they are doing an illegal thing. If husband is attempting to still work without being authorized, it's also doing an illegal thing. Don't jeopardize yourselves, you're unfortunately going to have to wait until the document is approved and arrives.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Filed: K-1 Visa Country: Kenya
Timeline
Posted

Oh wow we are VERY confused with this.

Since the form we printed online the I-94 says "If an employer, local, state or federal agency requests admission information, present your admission (I-94) number along with any additional required documents requested by that employer or agency."

And then the SS says

"SOCIAL SEGURITY

valid for work only with DHS authorization "

Oh what a confusion.

And the employer allowed this form.

:/

Thank you everyone. We appreciate it

Belinda:

The employer had him fill out that form i-9 :/

Hello...welcome to your new lives together....um...he should not be working. The K1 is valid for 90 days (3 months only) and is not authority to work in the USA. Just authority to get married here. He needs to either stop working immediately (today is Sunday), inform the employer of your mistake. File the AOS paperwork, include in it as a seperate set of paperwork in the same envelope the Employment Authorization Document application and the Travel Authorisation Document application. The EAD should come within 3 months (ours took exactly 2 months).

Be very careful as the Immigration people will put him as illegally working. The K1 is very confusing I know. Good luck!!

David

Filed: AOS (apr) Country: Canada
Timeline
Posted

Someone correct me if I'm wrong, but I think you can use his job offer to expedite his EAD, if he's had biometrics done.

Met 2008. Moved in together 2010. Married 2015. Baby Z joined us 2017 . :wub:

AOS Timeline 350 days

 

May 31/15 - Sent AOS/EAD/AP to USCIS

June 4/15 - Email and text notifications they were recieved

June 10/15 - NOA1 for AOS/EAD/AP Dated June 1

June 17/15- Change of address confirmation

June 22/15- Biometrics appointment received

July 1/15- Biometrics appointment done(5 minute appointment, 8 hour round trip drive <_< )

August 5/15 - Change of address submitted for new location

August 8/15 - Mobile/E-mail notifications for approved EAD/AP :)

August 17/15 - Change of address confirmation after calling in

August 17/15 - EAD/AP Combo card mailed out(To the wrong address, and then lost by USPS)

September 3/15 - Contacted USCIS and was told to re-apply with a new application and fees?! Put in a service request online for lost card, and a complaint

September 8/15 - USPS found & returned card to USCIS

September 15/15 - Ombudsman contacted USCIS

September 17/15 - Card mailed back out

September 19/15 - EAD/AP Combo card finally in hand

September 22/15 - NPIW letter received, dated September 9/2015 estimated 6 month wait

October 13-21/15 - Traveled using AP to visit parents & ship the rest of our belongings out west

November 27-30/15 - Traveled using AP

December 28/15- RFE hard copy, waiting on documents from Canada

January 31-February 7/16 - Traveled using AP

February 10/16 - Sent in RFE, delivered Feb 16

April 16/16 - Service request filed, RFE was never updated online

May 12 - Approved email and status update dated May 10. Service request never was assigned or solved, though.

May 14 - Greencard in hand!

Posted

Thank you everyone for your comments. I appreciate all the help.

I guess we were just very confused with the SS and the DHS authorization since the passport has a white paper stapled from DHS.

But now we understand everything and we definitely do not want any problems.

We will schedule an appointment with infopass to see what other option we have.

Thank you!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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