RaTBoX

You can ask when ever you like. 90 days is a projected time, not a concrete rule.

I'd get in touch 90 days after biometrics rather than 90 days after sending it in, if I was going to get in touch at all.

12 months if memory serves me right.

Sorry I don't have a color copy.

The stamp that says "Employment Authorized" was in red ink, and the date was written by the CPB officer at secondary.

I just want to clarify that the K1 is work authorized. You'll find its just impossible for your employer to finish the I-9 without an EAD. As my attorney pointed out, for those 90 days there is nothing illegal about you seeking work or getting a job. You won't be penalized, the responsibility is on the employer.

Nothing apart from Title 8 CFR §274a.12.a.1 which states:

"Any alien who is within a class of aliens described in paragraphs...[a][6]... of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization."

So if you apply for a job and don't make an application to USCIS for an EAD you're in violation of a federal code. That's going to potentially count against you in a very big way, should anything be said about it.

Its not going to count against you. Its the employer's responsibility to verify and it has been noted in other fed. documents that the K1 is authorized. In fact recent ombudsman reports have requested that the system should be better tailored so there is no interruption of work from entry to temporary EAD.

This wouldn't be the case if it wasn't. As my attorney says, you can legally work but without EAD an employer is within their authority to deny you a position which most will.

I'd ask your attorney what the legal basis for his information is then.

It's there in black and white. It's the employers responsibility to verify, but misrepresentation of status including employment eligibility is also a crime, and for K1 holders a violation of the code above. I reads the Ombudsman report, but that's nothing more than a recommendation. I'm just stating the law as it's written, and until someone shows me something concrete that goes against it, I'll keep telling people it.

I just want to clarify that the K1 is work authorized. You'll find its just impossible for your employer to finish the I-9 without an EAD. As my attorney pointed out, for those 90 days there is nothing illegal about you seeking work or getting a job. You won't be penalized, the responsibility is on the employer.

Nothing apart from Title 8 CFR §274a.12.a.1 which states:

"Any alien who is within a class of aliens described in paragraphs...[a][6]... of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization."

So if you apply for a job and don't make an application to USCIS for an EAD you're in violation of a federal code. That's going to potentially count against you in a very big way, should anything be said about it.

I scanned my entire AOS package before sending it off (good thing too because the wife then kindly put my passport and I-94 through a wash cycle).

When I get home I'll post the scanned copy of the back of my I-94 with the EAD stamp I got from JFK when I arrived with my K1 visa on November 14th 2007.

I looked over a lot of the links and information made available by the SSA, and have come to a conclusion as to the grounds for approval for a K-1 visa holder. The bottom line seems to be that K-1 visa holders are eligible for work after arriving in the US. If you look to RM 00203.500 Employment Authorization for Nonimmigrants, under section C1, it states that K-1 visa holders are eligible to work "without specific DHS authoriazion."

It also stated in the audit report linked in the post above, that:

"Under §205©(2)( B )(i)(I) of the Social Security Act, SSA is required to assign SSNs 'to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States. . . .' Because Federal law authorizes K 1 visa holders to work incident to their visa status, K 1 visa holders are eligible for SSNs."

I think that the confusion that comes from this issue is due to the scarcity of availability of this information. Not many people seem to know that they can work after entering on a K-1 visa. We received our visa last week, and I don't remember anyone at the embassy informing us that my fiancee could.

The Social Security Agency is not the agency who authorizes any individual to work. Their internal policies (which is all the RM document is, an internal memo for the working of the SSA, not a federal law about which classes of aliens are legally allowed to work) may see a K1 holder as employment authorized for the purpose of obtaining an SSN, but this has no actual bearing on their employment authorization which is granted and maintained by USCIS. People don't seem to realize that these two different branches of the government are responsible for different things. Just because one branch of the government says it's true for their internal policies, doesn't make it true in terms of federal law.

Not many people know that they can work, even less people know that the law says K1 holders must obtain documentary proof of their employment authorization if they wish to see employment.

Rather than quoting handbooks or guides, let's quote the actual law:

INA: ACT 274A - UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 274A. [8 U.S.C. 1324a]

http://www.usdoj.gov/eoir/OcahoMain/274a.pdf

You're quoting law which outlines the repercussions of what happens when unlawful employment takes place. INA §274a is not what defines work authorization to aliens, you need to look at Title 8 CFR §274.a.12 for that.

Not that I am disagreeing with you, 8 CFR §274.a.12.a states that K1 holders are work authorized incident to their status (which lasts 90 fays from entry) but to accept employment they must obtain documentary proof of their employment authorization from USCIS (i.e get an EAD to be able to work).

I just wanted to point out the differences in the two items and how one defines and grants work authorization and one defines the penalties of unlawful employment (but is not a legal definition of lawful employment).

Not every account makes it into the system.

It is valid for 1 year. If you got two copies of the AP when you were approved then it's good for multiple entries. If you just got one, it's a single use.

Yes, you need to wait until you have an EAD or a green card in your possession.

JFK is the only airport that is regularly reported to give out the temp EAD stamp. A search of the forums may turn up posts by other members who received a stamp at another location, but I can't think of any off the top of my head.

As long as you're eligible for the EAD stamp you normally won't have to provide any other evidence or paperwork, your visa will be enough. If you don't get your I-94 endorsed with the temp EAD stamp while at secondary processing then just ask if you can have the stamp.

Yes, once you have the green card go to the SSA office and get an updated card. The new one will have the DHS authorization statement removed.

Good morning all,

I have a question. Yesterday Samuel received several phone calls from his employer. They told him they want to offer him a job. He explained his work permit expired. His employer told him to bring in the all the receipts that he has from his applications (I-765 & I-485) and they will be able to put him back to work.

We have our biometrics tomorrow afternoon, and I am hoping that they will entertain this question. However, could someone please direct me to where it states that you have to stop working once the work permit expires. I would like to fax the information to his employer. Samuel is so anxious to get back to work. He is planning on going to his employer by himself tomorrow and I do not want him making any hasty decisions nor do I want his employer talking him into something that "WE" will later suffer from.

Thanks in advance for your help.

Erika

The specific peice of the law that you're looking for is CFR 8 §274.[2].[a].[3]..[1].[vii]

"If an individual's employment authorization expires, the employer, recruiter or referrer for a fee must reverify on the Form I-9 to reflect that the individual is still authorized to work in the United States; otherwise the individual may no longer be employed, recruited, or referred. Reverification on the Form I-9 must occur not later than the date work authorization expires. In order to reverify on the Form I-9, the employee or referred individual must present a document that either shows continuing employment eligibility or is a new grant of work authorization. The employer or the recruiter or referrer for a fee must review this document, and if it appears to be genuine and relate to the individual, re-verify by noting the document's identification number and expiration date, if any, on the Form I-9 and signing the attestation by a handwritten signature or electronic signature in accordance with paragraph (i) of this section. (Amended 6/15/06; 71 FR 34510)"

Technically you just requested a visa that bestowed work authorization inherent to your status. You've never applied for work authorization unless you've explicitly applied for an EAD before.

In your case the answer would be no.

Contact your local SSA office, they can probably give you formal notice (since they are the ones who define eligibility).

You were told the correct thing, but I suspect you asked the wrong question.

If you're applying for a repalcement EAD (and you originally filed after July 31st 2007) then you do have to pay the full fee, but do not have to pay for biometrics.

If you're applying for a renewal EAD (and you originally filed after July 31st 2007) then you do not have to pay anything (but do have to submit a copy of your NOA1 for the I-485 along with the application).

A replacement is if you lost the card, a renewal is for a card that is expiring.

I am asking this question in order to help out a friend:

If the EAD (I-765) is being filed seperately from the AOS (I-485), how long is the EAD valid?

FYI: The person entered the USA on a K-1 Fiance visa, married a US citizen within 90 days of arrival, and now wants to apply for a EAD without the AOS.

Thanks for your help.

You'll have to clarify what you mean by "without the AOS".

Do you mean before the AoS application is filed? After the AoS application is filed? Not planning on filing AoS at all?

A K1 holder is eligible to apply for an EAD under category [a][6], but this EAD is only valid for as long as their K1 holder status (i.e. 90 days from entry). More than likely, this EAD will not even be approved until after that time has passed leaving the applicant $320 out of pocket and with a card in their hand that has already expired. This card also cannot be renewed

Once the applicant is married, they have to file an AoS application (I-485) to adjust their status from K1 holder to Lawful Permanent Resident. The cost of this application is $1010. This price includes the cost of the I-765. You can send a completed I-765 using category [c][9] (adjustment applicant) with the I-485, or you can send it after the I-485. If you want to send the I-765 after the I-485, you need to wait for USCIS to send you an I-797C (Also known as NOA1) for your I-485 as proof of filing (to show that you don't have to pay for the I-765 that you're filing on its own).

In both these cases (filing I-765 with or after I-485) the EAD is valid for 1 year, and can be renewed if the AoS application is not approved before the card expires.

There is no card that covers the scenario where the applicant entered the country on a K1 visa, got married and does not wish to file an AoS application. Such an individual would have no legal status in the US once their K1 holder status expired and would in theory have to leave the country. No EAD category exists for such an individual. They would only become eligible to apply for an EAD at the same time or after submitting an AoS application.

It usually takes about two months to process an advance parole application (check the timeslines). This is valid for one year and you may make multiple entries into the U.S. within that year. It may be renewed also. There’s no limit to the amount of time you can stay outside the US (but keep in mind of the expiration date). However, like a visa to the US, and AP does not guarantee admission into the US as you are still subject to the inspection process at the POE.

Good luck!

Well, you have my alarm bells ringing. You don't mean entry would be denied even if one has the advance parole ?

And why would the authorities do that ?

Hi Karin und Otto

I know I have to come within six months. And my fiancee is getting restless. That is why I want to go earlier than I can BUT

return back for 2-3 months later on.

An AP document is not a right to enter the US, it's just a legal route for you to be permitted entry. No one other than US citizens have the right to enter the US. Theoretically you could be denied entry with your K1 visa, never mind your AP. But that being said, these are a very very low risk of happening in normal cases.

If you think you might have an issue re-entering the country on an AP document because of somehting in your situation then speak to an immigration attornney before your trip, or don't make the trip.

So it is. I was getting confused between the NBC and the Chicago Lockbox. My mistake. I believe the rest of my information is correct though.

The National Benefit Center is in Chicago, where you sent the application to.

They do the initial processing of an I-485, and then forward it to the Local Office which has jurisdiction over the area in which you live. In your case it will be the Seattle Office. The NBC may send the case to CSC rather than a Local Office. If this happens then the CSC will process the application. If an interview is required then CSC will send the application to the Local Office for them to schedule an interview, but by all accounts on this forum people who have their case transferred to CSC rather than their Local Office are adjudicated without interview.

If an interview is required, it will be done at your Local Office. You won't be asked to travel to CSC.

Because it's the Local Office that does the processing and adjudication on I-485 applications (unless they are transferred to CSC) the processing times can be found on the page for the Local Office rather than a Service Center of the NBC. Seattle's processing times can be found at https://egov.uscis.gov/cris/jsps/officeProc...lectedOffice=73

I can't understand how you think someone at JFK took it out of his passport. When he got to JFK he didn't have one. They gave it to him.

If you don't have one for your AoS application, you're going to have to file I-102 for a replacement I-94.

Your documents are your responsibility at the end of the day, and that's how USCIS are going to see it. You don't have it, and you need to get a replacement, and completing I-102 is the process for that.

You could try writing a letter of explanation along with the AoS application as to why you don't have an I-94, but I'd be very surprised if that didn't just result in a denial or an RFE for the I-94.

The cost of the AP is also included in the cost of I-485. Don't worry about the intended dates of travel. The vast majority of K1 holders who apply for their AP don't know when they will travel, they just want to have the option.

For intended dates, don't put anything in. For reasons for travel, just put something like "Visit family when possible and ability to return home for family emergency". I used that without any dates and got approved without any issues. I've never read of any K1 holder not supplying exact dates or reasons for travel and being denied their AP.

I-94.

The questions asks "If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:". In your case it isn't to be sent overseas, so don't complete the question.