Work without EAD during K-1 AOS?

[jessicayfrancisco 0]

Hello,

I am hoping that some of you who have already gone through the K-1 AOS process might be able to help me with this.

My husband entered the US in Nov on a K-1; we got married at the beginning of Feb and filed for PR/EAD. My husband's cousin entered the same weekend (but in a different state) on a K-1 also; he and his wife married but have not filed any of the documents for AOS. The cousin was told by an immigration lawyer that a) they don't have to file within the 90 days for AOS and b) that he can get a job as long as he has a SSN and an ID. The cousin was evidently was offered a job 2 weeks ago at a call center and was told that he could work there as long as he didn't require sponsorship. My husband of course is frustrated because I have been telling him he cannot work until he has the EAD in hand, and he very desperately wants to work (boredom is the main factor here, not financial necessity). Is my understanding of this process incorrect? Is it possible to work while documents are in process?

Thanks for your input!

[teeak 224]

a) Yes, you do not need to file within the 90 days but, its usually best if you do.

b) Yes, he cannot work until he receives the EAD in hand. This is usually about 90 days from filing the AOS.

Why doesn't he look to do other things in the meantime? Perhaps volunteer in something he's interested in or take some courses at a local college?

[ameribrazil 36]

It is my understanding that you are not allowed to work until you have received your EAD. In fact, your husband's SSN Card should have the words "valid for work only with DHS authorization." Which means, the employer should be requesting for the EAD (your work permit) along with the SSN Card during the HR onboarding.

[Boiler 43,585]

EAD is what allows him to legally work while in process.

[Yuri S 4]

a) Yes, you do not need to file within the 90 days but, its usually best if you do.

b) Yes, he cannot work until he receives the EAD in hand. This is usually about 90 days from filing the AOS.

Why doesn't he look to do other things in the meantime? Perhaps volunteer in something he's interested in or take some courses at a local college?

have to agree. He is not supposed to work until he has EAD. It is ok to start looking until then:

[newacct 688]

It's somewhat murky whether it is legal for someone in K-1 status to work without an EAD, although if they entered in November, their K-1 status is expired by now so even if someone on K-1 status can work, that is irrelevant. Someone without status cannot work without an EAD.

And anyway, as a practical matter, he does not have any documents that can satisfy the I-9 requirements until he has an EAD (no matter if he is still in K-1 status or not).

[Dashinka 23,294]

It's somewhat murky whether it is legal for someone in K-1 status to work without an EAD, although if they entered in November, their K-1 status is expired by now so even if someone on K-1 status can work, that is irrelevant. Someone without status cannot work without an EAD.

And anyway, as a practical matter, he does not have any documents that can satisfy the I-9 requirements until he has an EAD (no matter if he is still in K-1 status or not).

Even with a K1 entry one would need an EAD to work in the US for a US company. You can file for an EAD with a K1 legally, but the processing time and length of validity of the I94 from the K1 entry generally makes this a useless exercise as the EAD will expire when the I94 expires. The only murkiness I have heard about is if you continue working remotely for a foreign company being paid to a foreign bank, etc. it is unclear if this type of situation requires an EAD.

To the OP, your husband's relative is working illegally if he does not have an EAD, but that is between him and his employer. You are correct I telling your husband that an EAD is required, and hopefully his will come soon. Your husband's relative may have some interesting questions when he completes his AOS process and has to provide his employment history on the G325 if he was working without an EAD, but again, not your worry as you and your husband are following the rules.

Good Luck!

Edited March 2, 2016 by Bill & Katya