EAD extension

[keickhoff 104]

We filed and received an acknowledgement for the I-765.  With the k-1 visa is an authorization to work for 90 days, according to what I read if we are married and the I-485 and I-765 are filed within the 90 the day period, the authorization to work is automatically extended for up to 540 days.  I want to make sure I am understanding this correctly

Thanks

[K1visaHopeful 2,662]

A K1 I765 Category C09 allows a K1 to work only after it has been approved not submitted. 

A K1 I765 Category A06 is obsolete because it takes much longer than 90 days for approval.

You applied for C09.

Approval takes several months currently.

You can look up the timeline at the NBC on the website.

[keickhoff 104]

An immigration attorney told me the K-1 visa gives you the right to work for 90 days.  This notice of action says if your EAD request is under an eligible category for automatic extension listed on USCIS.gov/EAD auto extend, then it is automatically extended if you file within the correct timeframe.  The C09 is listed as an automatic extension 

[keickhoff 104]

A K-1 visa is an authorization to work for 90 days the I-797C clearly states "You are eligible for an automatic extension of your employment authorization and/or EAD if (1) you have timely filed to renew your current employment authorization (2) Your EAD renewal request is under a a category that is eligible for an automatic extension (3) the category on your current EAD matches the "class requested" listed on this notice (4) Your EAD renewal application is still pending with the USCIS.   

I read this to mean that your right to work under your K-1 visa is automatically extended if you filed your I-485 and I-765 within the terms of the K-1

[powerpuff 5,902]

5 minutes ago, keickhoff said:

A K-1 visa is an authorization to work for 90 days the I-797C clearly states "You are eligible for an automatic extension of your employment authorization and/or EAD if (1) you have timely filed to renew your current employment authorization (2) Your EAD renewal request is under a a category that is eligible for an automatic extension (3) the category on your current EAD matches the "class requested" listed on this notice (4) Your EAD renewal application is still pending with the USCIS.   

I read this to mean that your right to work under your K-1 visa is automatically extended if you filed your I-485 and I-765 within the terms of the K-1

But you’re not renewing, you’re applying for an entirely new EAD…… it’s not applicable to your situation.

[powerpuff 5,902]

27 minutes ago, keickhoff said:

An immigration attorney told me the K-1 visa gives you the right to work for 90 days.

That would be category C06 and you still need an actual EAD document to work. Yes, she is eligible to work for the first 90 days but she won’t be getting an EAD that fast. It currently takes 8.5-12 months. In the good old days they used to give stamps at the POE for K1 and they could work for 90 days, alternatively they could apply for EAD under C06 and receive an EAD very fast because processing times were much less than they are now. Hence why that category is pretty much obsolete as stated by @K1visaHopeful. 
 

Regardless though, you applied under C09 so it’s also not applicable to your situation.
 

~~ Topic moved from AOS K1 forum to Working & Traveling where EADs are discussed ~~

Edited September 23, 2022 by powerpuff

[Letspaintcookies 2,207]

Under which category did you filed the I-765? Just asking so you could correct now if you filed as C06 instead of C09 and don't waste time waiting for a document that's already not valid anymore by the time you get it.

[keickhoff 104]

We filed as C09

[keickhoff 104]

I think they initiated the automatic extension for C09 because of the time it is taking to process the I-765.  It clearly states that the C09 category is eligible for an automatic extension. See USCIS.goveadautoextend. It makes no sense to be able to work for 90 days and then not be able to work until I-765 approval then work again.

The I-797 clearly states employment authorization and/or EAD and the K-1 visa is clearly an authorization to work 

 

[powerpuff 5,902]

The automatic extension is for an existing EAD when you apply for renewal. You are not renewing it because you don’t have an EAD. You’re applying for a brand new one for the first time. 
 

10 minutes ago, keickhoff said:

It makes no sense to be able to work for 90 days and then not be able to work until I-765 approval then work again.

Under category C06 you can work for 90days (you still need an actual plastic EAD card in your hand to do this). And that’s it. You have to apply for category C09 after if you want to work after 90 days are up. They are two separate categories. 
 

10 minutes ago, keickhoff said:

The I-797 clearly states employment authorization and/or EAD and the K-1 visa is clearly an authorization to work

Once again, you are not applying for a renewal of an existing EAD. So no, I-797 notice is not employment authorization and your spouse is currently not authorized to work as she does not have an actual EAD document in her hand under C06 or C09. You need to stay put and wait for your EAD to be approved. If working after arriving in the US was very important, K1 was not a good choice.
 

FYI I was also a K1 and have been though this rodeo.

Edited September 23, 2022 by powerpuff

[keickhoff 104]

But read the language I attached it says authorization and/or EAD

[powerpuff 5,902]

Just now, keickhoff said:

But read the language I attached it says authorization and/or EAD

Ok I give up. That is for a renewal!!!!! I really don’t know how else to explain it. They send one generic I-797, as you know there are many many categories. Some sections apply and other do not. That does not apply to you, you are not renewing 

[.yana 586]

24 minutes ago, keickhoff said:

But read the language I attached it says authorization and/or EAD

K1 itself does not come with work authorization. Your fiancée is not authorized to work until her I-765 is approved. 

You have nothing to extend therefore extension language is not applicable to you yet.

 

Feel free to continue arguing with more knowledgeable members of this forum about the wording but it's pointless as no HR would hire her as she has no legal document allowing her to work.

[Lil bear 3,831]

3 hours ago, keickhoff said:

We filed and received an acknowledgement for the I-765.  With the k-1 visa is an authorization to work for 90 days, according to what I read if we are married and the I-485 and I-765 are filed within the 90 the day period, the authorization to work is automatically extended for up to 540 days.  I want to make sure I am understanding this correctly

Thanks

The K1 visa allows the holder to apply for work authorization in the 90 days after entry .. the K1 is not work authorization per se .. and in the dim dark past of fast approvals, if the authorization was granted, it expired at 90 days.. hence the explanation of “automatic extension if.. 

As others have said… you have nothing

to renew/extend   .. no K1 holders apply for an EAD during the 90 days unless it is an EAD application concurrent with their AOS application .. and the EAD takes months to be approved  

[K1visaHopeful 2,662]

1 hour ago, keickhoff said:

I think they initiated the automatic extension for C09 because of the time it is taking to process the I-765.  It clearly states that the C09 category is eligible for an automatic extension. See USCIS.goveadautoextend. It makes no sense to be able to work for 90 days and then not be able to work until I-765 approval then work again.

The I-797 clearly states employment authorization and/or EAD and the K-1 visa is clearly an authorization to work 

 

Do you have an APPROVED I765?

APPLYING for I765 does not allow you to work regardless if you have an approved K1 visa. 

You CANNOT work without being approved for I765.