EAD

[dvony 0]

im i still allowed to work even though my I-94 is only valid till april 24? and i got my SSN 3 weeks after i arrive here in US. i am not yet married to my fiance and probably we will have the civil wedding on 1st week or 2nd week of april.i am still in the process of finding jobs and im just thinking if my authorization to work is only good for 90 days and then what if i got hired , can i still work even though i dont have the EAD or its useless for me to find jobs at this moments cos getting an EAD will take a couple of months..pls enlighten me guys.thanks

[YuAndDan 153]

You cannot work unless you have Employment Authorization Document. If you came through JFK airport, you may have had your I-94 stamped as EAD but that is only good for the 90 days of the I-94, if not you don't have authorization. SSN is not employment authorization, the SSN card states "With Employment Authorization Only".

You need to apply for it when you adjust status.

[mawilson 2,133]

Technically you're not allowed to work, but what are they gonna do if you work without authorization?

Unauthorised employment is forgiven when you marry a U.S. citizen.

[dvony 0]

im kinda confused..i thought a K1 visa is allowed to work till the 1-94 expires as long as u have the SSN...or can somebody mind reading this website...http://www.kamya.com/ssn/em00154.pdf thanks

[Yodrak 7]

dvony,

That's SSA document that your referenced, and an old one at that. In any event, it talks about getting a SSN, not about getting employed.

See USCIS form I-9, not SSA policies and procedures, to find out what documentation you must show an employer in order for the employer to hire you.

Yodrak

im kinda confused..i thought a K1 visa is allowed to work till the 1-94 expires as long as u have the SSN...or can somebody mind reading this website...http://www.kamya.com/ssn/em00154.pdf thanks

[caroledfb 0]

Bad news, you need an EAD to be allowed to work with a K1 visa - and worse news: usually you need to wait after the wedding to get one that will be really useful...

Read on the forum Guide :

>>K-1 Visa Holder Guide <<

When you can File:

1. At the Airport. As a K-1 Visa Holder you may receive a temporary EAD at the Point of Entry (POE). This has however become very uncommon and the only known POE that (and not always) issues these is JFK International Airport. if they do issue you a temporary EAD it will expire on the date that your K-1 expires (90 days from entry on your K-1). (Where: at the POE only)

2. Immediately, before filing for AOS. As a K-1 visa holder you are technically eligible to file for an EAD immediately when you arrive. However, this EAD will expire when you K-1 expires (90 days) and because of this and the wait time (>90 days) it is a waist of both time and money to bother applying. You will file as category ©(6), "Nonimmigrant Fiance(e) of U.S. Citizen". (Where to file: mail, efile, walk-in -- only if local office allows)

3. At the same time as filing for AOS. As a K-1 holder filing for Adjustment of Status (AOS) you are eligible to file for an EAD at the same time. Your EAD packet can be filing along with your AOS packet and mailed together. You will file as category ©(9), "adjustment applicant". (Where to file: mail only - with AOS packet)

4. After filing for AOS. If you did not file for your EAD at the same time as filing your AOS packet, you may still apply for an EAD. You will however need proof of having filed for AOS. This is typically in the form of a "notice of action" or physical receipt from the office you filed at stating that they received your AOS packet. You will file as category ©(9), "adjustment applicant". (Where to file: mail, walk-in if allowable, efile)

5. Renewing your EAD. You may renew your EAD when your EAD nears expiration. You must renew your EAD to be able to work until you become a Permanent Resident (or Conditional Permanent Resident) at which time your "Green Card" will be proof of eligibility to work. A suggestion before filing is to check the processing time of the local office you will be sending your EAD to and file at a time equal to the number of days before your EAD expires. ex: if the processing time is three months then apply for a renewal three months before your EAD expires. You will file as category ©(9), "adjustment applicant". (Where to file: mail, walk-in if allowable, efile)

[dvony 0]

ahh ok..now i see..so how long will it take before having an EAD..? is there any payment when u apply for an EAD?

[YuAndDan 153]

ahh ok..now i see..so how long will it take before having an EAD..? is there any payment when u apply for an EAD?

EAD can take up to 90 days to get, if it takes longer you can schedule an info pass and request a temporary stamp in the passport. As with everything there is a fee, $180.