K-1 Pending, when can I work? what are other options?

[sbooth 0]

Hi,

My Fiancee and I have filed for a K-1 Visa through the California Service Center, we filed about a month ago so fingers crossed it will be sorted within 2 months.

Now the problem is I have company ready to make a job offer, and was not aware that to get an EAD you would have to file AFTER the visa comes through, and then wait up to 90 days for that to come through. Or get married immediately and then file and wait the 90 days again.

I was under the impression (my fiancee read somewhere) that after the notice of approval, I would go to the US Embassy in London (where I'm from), and receive my visa along with an EAD.

Is this totally wrong? Am I going to have to wait for the visa to come through and then wait for the EAD?

Also, if the company would like to offer me sponsorship to work, would this affect my K-1 visa? I think they would be prepared to sponsor me on a H1B visa, in that case, would i have to cancel the K-1?

[Nich-Nick 3,354]

There is more to the process than your current understanding.

Look at this flowchart http://www.visajourney.com/content/k1flow

You are on Step 3.

You can work when you get to Step 22.

A K1 visa is a path to a greencard and permanent residence. An H1 visa gets you a job in the US and has it's own timelines, quotas, expense to the company. Sometimes all available are requested on "opening day" of the visa year which has already passed. In that cas you would be in 2017 pool.

Edited May 25, 2016 by Nich-Nick

[yuna628 9,680]

Hi,

My Fiancee and I have filed for a K-1 Visa through the California Service Center, we filed about a month ago so fingers crossed it will be sorted within 2 months.

Now the problem is I have company ready to make a job offer, and was not aware that to get an EAD you would have to file AFTER the visa comes through, and then wait up to 90 days for that to come through. Or get married immediately and then file and wait the 90 days again.

I was under the impression (my fiancee read somewhere) that after the notice of approval, I would go to the US Embassy in London (where I'm from), and receive my visa along with an EAD.

Is this totally wrong? Am I going to have to wait for the visa to come through and then wait for the EAD?

Also, if the company would like to offer me sponsorship to work, would this affect my K-1 visa? I think they would be prepared to sponsor me on a H1B visa, in that case, would i have to cancel the K-1?

Obtaining a K1 visa is the first step of this process. Once you are approved at CSC, your application is forwarded to the NVC, and then finally London. You must complete a medical and additional paperwork before making an interview appointment. This takes a while.

After your interview and you have your visa and enter the USA, you must marry within 90 days. Ideally you should also try and obtain a SSN. This SSN card will say ''work with DHS authorization only''. This means you are not allowed to work unless you have an authorization document.

After the marriage you must file to adjust your status. This costs $1070. In addition to filing that paperwork you can also submit an employment authorization application and advanced parole (EAD + AP). If filed in conjunction with the AOS application the filing fee for these additional forms are free.

While waiting for your EAD to be approved you must not work, because you are not authorized to do so. This can take up to 90 days to arrive. It will usually be approved well before you hear anything about AOS (green card) approval. Once you have your EAD you can work. It is good for a year and can be renewed in lieu of the green card (but you should have obtained that by then hopefully). AP grants you the ability to travel outside the USA. Because if you leave the USA without such a document, you will have to start over fresh with a spousal visa.

You and your fiancé are misinformed about the process if you believe a K1 is granted an EAD in London. My suggestion is to read about the London specific process in the UK forum, and the K1 process and AOS process in our guides on this site.

The only other method to obtain an EAD is by entering on your K1, and paying a large filing fee for one. Instead of the document being good for a year (if you file with AOS) it is only valid for the length of time as your I-94 (90 days) and you are unlikely to obtain it in time for it to be of any use. Hardly worth it.

Bottom line: do not work unless you are authorized to do so. It's a big no no.

Edited May 25, 2016 by yuna628

[sbooth 0]

Thanks for the info.

So it looks like the only way I'd be able to accept this job is if they sponsor me. Would this affect the K-1 visa?

My thinking is that if they sponsor me I will cancel the K-1 application and just get married and file the necessary forms for that.

[Nich-Nick 3,354]

Thanks for the info.

So it looks like the only way I'd be able to accept this job is if they sponsor me. Would this affect the K-1 visa?

My thinking is that if they sponsor me I will cancel the K-1 application and just get married and file the necessary forms for that.

Sure, you can do that. Do you understand the H1B process? There is a fiscal year cap of 65,000 visas available and a few odd exceptions. The first day of application was April 1. By April 7 they would have received 3-4 times more applications than visas available. Then all those who got applications in by April 7 are in a lottery to see if they get a chance at one of the 65,000 visas. So you have missed the current boat, but your company immigration attorney can prepare an application for you and submit it for the next filing period which opens April 1, 2017. Then you may get picked in the lottery to continue the work visa process.

You could have your K1 visa and work authorization a year sooner than an H1b