about to enter the country on a K-1 visa, I have some questions about employment

[Yodrak 7]

You two appear to be discussing the situation of a K3, or of a K1 after their first 90 days in the USA has passed.

The OP asked about the situation soon after arrival in the USA, when a K1 is EA by may not have an acceptable EAD. This is the situation that I commented on. And you two appear to be proof that I was correct to say that my comment is debatable.

Yodrak

The 2nd item - evidence of having applied for an EAD - is debatable.

There is a debate on this? Evidence of having applied is not enough under any definition, you need to have an approved EAD petition before you can start work.

my understanding of the "debate" is with the replacement card, etc. 3 days to show applied for and 90 days to show receipt.

The "debate" is wrong there then too. You have 90 days to show the actual card, not the receipt. You're not allowed to have any time when your EAD has expired, and your new one isn't approved. This is why you really should apply for a replacement EAD 120-90 days before your current one expires.

If you don't have approved Employment Authorisation, an employer cannot legally employ you.

Edited June 27, 2007 by Yodrak

[Dr_LHA 3]

Dr_LHA,

I disagree. The USCSI Handbook for Employers states,

"Employees must present to you an original document or documents that establish identity and employment eligibility within 3 business days of the date employment begins. .....

If employees are unable to present the required document(s) within 3 business days of the date employment begins, they must present a receipt for the application for the document(s) within 3 business days. The employees must have indicated, by having checked an appropriate box in Section 1, that they are already eligible to be employed in the United States. ..... The employee must present the actual document within 90 days of the date employment begins. ..... "

Huh, what I see above is in 100% agreement with what I posted.

A K1 is employment authorized incident to status. If they submit an I-131 as a K1 they are not applying for EA - they already have that - they are applying for the EAD that they need to document their EA. With a Receipt Notice in hand they have 90 days to produce the EAD.

Sorry Yodrak, but I guess this discussion diverged, I certainly was not talking about K-1s within the first 90 days. Anyway - what is the likelihood that a K-1 within the 90 day EA period will be able to present an EAD within that 90 day period? Very close to zero I would say.

Edited June 27, 2007 by Dr_LHA

[Yodrak 7]

Dr_LHA,

Yes, I guess it did diverge, because what the OP asked about was a K1 being able to start working soon after arrival in the USA. Why did you go off the track write about a different situation?

Agreed, the person will likely not be able to present an EAD within the 90-day K1 period. Nor do they have to. They don't have to present the EAD until 90 days from the start of employment, by which time they will no longer be EA and will be into the situation that you and lal_brandow were discussed. But until the 90-day K1 period is over, and the EA is over with it, the K1 can work and can legally be hired by an employer without the K1 having an EAD. All they need its the receipt for the application.

Yodrak

Dr_LHA,

.....

A K1 is employment authorized incident to status. If they submit an I-765 as a K1 they are not applying for EA - they already have that - they are applying for the EAD that they need to document their EA. With a Receipt Notice in hand they have 90 days to produce the EAD.

Sorry Yodrak, but I guess this discussion diverged, I certainly was not talking about K-1s within the first 90 days. Anyway - what is the likelihood that a K-1 within the 90 day EA period will be able to present an EAD within that 90 day period? Very close to zero I would say.

Edited June 27, 2007 by Yodrak

[Dr_LHA 3]

Yes, I guess it did diverge, because what the OP asked about was a K1 being able to start working soon after arrival in the USA. Why did you go off the track write about a different situation?

My apologies to the OP, but in my defense, Lal did bring up the issue of EAD renewal, which is what lead to my replies that clearly were not related to the initial 90 day EAD period.

[LaL 418]

Yes, I guess it did diverge, because what the OP asked about was a K1 being able to start working soon after arrival in the USA. Why did you go off the track write about a different situation?

My apologies to the OP, but in my defense, Lal did bring up the issue of EAD renewal, which is what lead to my replies that clearly were not related to the initial 90 day EAD period.

yup - sorry all! I was just trying to give a background to the term "debate".

just to further diverge - it was "replacement", not renewal I was discussing - niggly niggly!

[Dr_LHA 3]

Two mods and little old me.

GET BACK ON TOPIC PEOPLE.

[Yodrak 7]

Dr_LHA,

Nope, I'm on your side on this one - it was lal who went off-topic. My appologies for blaming you.

Two mods and little old me.

GET BACK ON TOPIC PEOPLE.

[Chris V 0]

Thank you very much for all the replies... my problem is that, since I'm coming from Alberta, going through Windsor/Detroit or the Ambassador bridge requires about a three-day detour in order for me to cross the border (although it might be worth it if it means I can work when I get down there). I will check in the Canadian forum to see if anyone has a list of POEs that give that stamp when you cross the border, and if no one has one I guess I'll start making some phone calls to the different border crossings.