Work Authorization while on K-1 (before and after I-94 expires)

[Lucky2Lucky 2,526]

Definitely not applicable to k1! Unfortunate they provided you guys with that.

[GP1977 288]

1 hour ago, Alekezam said:

Not really, prior to making the inquiry I should have asked my brother about his experience in this similar situation. 

 

He misplaced his NOA2 and  despite not submitting it had no issues with the AOS process. His wife got her greencard and is happily living here with him now for over 5  years now. 

 

No doubt it's way better to have it and to submit it then not but if you run into a situation such as mine and you either never receive it or lose it, that's not enough to jack up the whole process. 

 

Also, here is a thread from the past that talks on the subject. 

 

So I respectfully disagree, my statement is not false. 

 

 

You say you like to go to the source directly and the only direct source I know of is uscis where the instructions clearly state noa2 is required. Not your brother and not another isolated example or two.

 

Of of course there are always exceptions to the rule and adjudicators are human and make mistakes and might have missed your brothers noa2 but it’s usually prudent to follow the instructions that are provided by uscis. 

 

Furthermore, just because it’s on the internet doesn’t make it true.  Let’s make sure people here don’t get bad advice.

[Alabamak1 688]

3 hours ago, Alekezam said:

This is another instance of everyone saying something can't be done without providing any verifiable evidence of support aside from their opinion. 

 

Case in point. I was told you absolutely have to have an NOA2 hardcopy receipt or your can't proceed with AOS by so many on here....well guess what? I blindly listened without checking all the facts and ended up screwing myself over as an inquiry for a hardcopy of an NOA2 hardcopy resulted in my fiance getting her interview cancelled last minute and our case being recalled by the USCIS back to the US from the embassy all because of my inquiry only to find out you don't even need it. This added another an extra 2 months to our wait time when all was said and done. I had to cancel and rearrange all sorts of plans because of it. 

 

So, if the embassy gives a sheet of paper such as this one to you and it clearly states something that so many people apparently disagree with then what constitutes as an opinion and a fact. 

 

In my world, a fact is something that comes straight from the source. And I trust that over an opinion any day. i.e. If I ask someone what the price of a movie ticket is at a specific location and they tell me it's $20 but then go to the theater and they say it's $10....well guess what, I'm not going to argue with them and say it's $20. 

 

So if your letter says that you can potentially get a authorization to work at POE then ask when you arrive since it clearly states that in the letter you received. If at POE they say "no, we decide it's not in our best interest to grant you that or no, we don't do that anymore" then you have your answer and can report back to us. This gives us more hard evidence for these questions. 

 

I for one don't see any harm in asking. 

 

That's how you build facts, through experiences. 

 

No need to be confused, you are right in that there is that possibility if it clearly says so. 

 

 

even if this where still current...what employer is going to be found and he later hold your job till you get EAD? I am not trying to disuade you or anybody, but seems to me if they don't issue EAD in the 90 days, you are basically w/o a job again, if you had found one by the time you make POE

Edited August 8, 2018 by Alabamak1

[Alekezam 161]

Everybody please disregard everything I have written. 

 

I am obviously wrong on every aspect. 

 

I thought I was providing useful information and advice but apparently I've only attracted confrontation so I'll just keep my thoughts to myself from here on out. 

 

Again, good luck to those of you who are still going through the process. 

 

 

[George & Roth 1,485]

3 hours ago, Alekezam said:

This is another instance of everyone saying something can't be done without providing any verifiable evidence of support aside from their opinion. 

 

Case in point. I was told you absolutely have to have an NOA2 hardcopy receipt or your can't proceed with AOS by so many on here....well guess what? I blindly listened without checking all the facts and ended up screwing myself over as an inquiry for a hardcopy of an NOA2 hardcopy resulted in my fiance getting her interview cancelled last minute and our case being recalled by the USCIS back to the US from the embassy all because of my inquiry only to find out you don't even need it. This added another an extra 2 months to our wait time when all was said and done. I had to cancel and rearrange all sorts of plans because of it. 

 

So, if the embassy gives a sheet of paper such as this one to you and it clearly states something that so many people apparently disagree with then what constitutes as an opinion and a fact. 

 

In my world, a fact is something that comes straight from the source. And I trust that over an opinion any day. i.e. If I ask someone what the price of a movie ticket is at a specific location and they tell me it's $20 but then go to the theater and they say it's $10....well guess what, I'm not going to argue with them and say it's $20. 

 

So if your letter says that you can potentially get a authorization to work at POE then ask when you arrive since it clearly states that in the letter you received. If at POE they say "no, we decide it's not in our best interest to grant you that or no, we don't do that anymore" then you have your answer and can report back to us. This gives us more hard evidence for these questions. 

 

I for one don't see any harm in asking. 

 

That's how you build facts, through experiences. 

 

No need to be confused, you are right in that there is that possibility if it clearly says so. 

 

 

 

 

I agree, OP I suggest you try it at POE and respond with results. 

 

You have this document which directly addresses the matter and the stance of the USCIS. 

[DmytriiD 186]

5 hours ago, Alekezam said:

This is another instance of everyone saying something can't be done without providing any verifiable evidence of support aside from their opinion. 

 

Case in point. I was told you absolutely have to have an NOA2 hardcopy receipt or your can't proceed with AOS by so many on here....well guess what? I blindly listened without checking all the facts and ended up screwing myself over as an inquiry for a hardcopy of an NOA2 hardcopy resulted in my fiance getting her interview cancelled last minute and our case being recalled by the USCIS back to the US from the embassy all because of my inquiry only to find out you don't even need it. This added another an extra 2 months to our wait time when all was said and done. I had to cancel and rearrange all sorts of plans because of it. 

 

So, if the embassy gives a sheet of paper such as this one to you and it clearly states something that so many people apparently disagree with then what constitutes as an opinion and a fact. 

 

In my world, a fact is something that comes straight from the source. And I trust that over an opinion any day. i.e. If I ask someone what the price of a movie ticket is at a specific location and they tell me it's $20 but then go to the theater and they say it's $10....well guess what, I'm not going to argue with them and say it's $20. 

 

So if your letter says that you can potentially get a authorization to work at POE then ask when you arrive since it clearly states that in the letter you received. If at POE they say "no, we decide it's not in our best interest to grant you that or no, we don't do that anymore" then you have your answer and can report back to us. This gives us more hard evidence for these questions. 

 

I for one don't see any harm in asking. 

 

That's how you build facts, through experiences. 

 

No need to be confused, you are right in that there is that possibility if it clearly says so. 

 

 

yeah I will for sure show them this paper and ask. why not...I also already saw many people here posting here not true information based only on their opinion.

For example like you cant come while k-1 is processing or like immigration officer can see you are processing for K1 while you entering using other visa types...that all is not true because I was entering the US many many times while K1 was processing and I also was entering because of my work...and my work include communication and paperwork with customs and immigration...and guess what I asked an officer in San Bernardino if you Sir can see I am processing for fiancee visa in your system while checking my passport. He said no. No such information provided to him...he can't know that. But like 99% of people here were saying reverse info like OMG they can see..you will not enter....or you will not get a visa while processing for K1. lol

[DmytriiD 186]

Hi Community,

 

While filling for I-765 I found that I each k-1 visa holder authorized for work during 90 days on k-1 visa status.

I found this info in I-765 Instructions .pdf file downloaded from USCIS website.

Screenshot attached.

Please comment because I didn't know that.

[debbiedoo 2,339]

if im remembering right, its something like you technically CAN work for those 90 days but not beyond it. at that point, you should have gotten married and filed for AOS (and EAD/AP). once the initial 90 days is up you are technically out of status and can not work until you have EAD or AOS approved.

 

no employer would be likely to bring on someone for under 90 days of employment- it costs the employer too much money for such a short time frame.

[DmytriiD 186]

4 minutes ago, debbiedoo said:

if im remembering right, its something like you technically CAN work for those 90 days but not beyond it. at that point, you should have gotten married and filed for AOS (and EAD/AP). once the initial 90 days is up you are technically out of status and can not work until you have EAD or AOS approved.

 

no employer would be likely to bring on someone for under 90 days of employment- it costs the employer too much money for such a short time frame.

Hi

 

Just got the additional question...

Am I applying under INA Section 245(i) or not?

Because I am confused what is that.....and so do I need to fill out Supplement A to the I-485?

Thank you.

[debbiedoo 2,339]

1 minute ago, DmytriiD said:

Hi

 

Just got the additional question...

Am I applying under INA Section 245(i) or not?

Because I am confused what is that.....and so do I need to fill out Supplement A to the I-485?

Thank you.

someone else may be better suited to answer those questions. I'm not familiar enough with those forms to know.

[DmytriiD 186]

7 minutes ago, debbiedoo said:

someone else may be better suited to answer those questions. I'm not familiar enough with those forms to know.

okay, thank you

[geowrian 22,336]

35 minutes ago, DmytriiD said:

While filling for I-765 I found that I each k-1 visa holder authorized for work during 90 days on k-1 visa status.

A K-1 holder is eligible to apply for an EAD. They are not authorized to work for an employer without an EAD (and they cannot meet the I-9 requirements without an EAD).

A K-1 holder can file an I-765 (with fee) to apply for an EAD. The EAD expires at the end of their original 90 days from POE. The I-765 is currently taking ~3-6 months for approval. As such, it would be expired before you even get it.

 

No to 245(i).

Edited September 24, 2018 by geowrian

[DmytriiD 186]

2 minutes ago, geowrian said:

A K-1 holder is eligible to apply for an EAD. They are not authorized to work for an employer without an EAD (and they cannot meet the I-9 requirements without an EAD).

A K-1 holder can file an I-765 (with fee) to apply for an EAD. The expires at the end of their original 90 days from POE. The I-765 is currently taking ~3-6 months for approval. As such, it would be expired before you even get it.

 

No to 245(i).

Thanks a lot!

[debbiedoo 2,339]

10 minutes ago, geowrian said:

A K-1 holder is eligible to apply for an EAD. They are not authorized to work for an employer without an EAD (and they cannot meet the I-9 requirements without an EAD).

A K-1 holder can file an I-765 (with fee) to apply for an EAD. The EAD expires at the end of their original 90 days from POE. The I-765 is currently taking ~3-6 months for approval. As such, it would be expired before you even get it.

 

No to 245(i).

knew it was something kind of along those lines just wasnt quite sure lol

[geowrian 22,336]

3 minutes ago, debbiedoo said:

knew it was something kind of along those lines just wasnt quite sure lol

Back when the I-765 was taking ~30 days for approval, it kinda made sense for some people to do this as a stop-gap since they could get an EAD for the <=60 days left, and get an EAD based on a pending AOS with some days still left, so you wouldn't have a gap in employment.

But those days are gone and probably won't be back for some time.