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You can, but it may not be worth the effort. While you are in K-1 status, you can apply for an EAD (work permission), but I believe this EAD will expire when your K-1 expires (90 days) and can't be renewed, and the earliest you'll be able to file again is when you file your AOS.

 

Given the length of time it takes to get an EAD, your K-1 status may run out before you actually receive this temporary non renewable work permission. Further, if it does expire before you get the normal EAD, you'll be in limbo if you've got a job - working with an expired EAD.

 

I don't know if things have changed, but the best way to get the temporary work permission while you are in K-1 status used to be to enter the US through JFK (New York) where they would stamp your I-94 showing that you are work authorized. Again, I don't know if they still do this. I think DavidZixuan's wife recently came through JFK, so maybe he can confirm whether the IO is still stamping the I-94.

 

Most people don't bother with the temporary EAD and just file at the same time they file for AOS.

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During the first 90 days you can work just with the I-94 in your passport. This is clearly stated on the I-9 which every employer must have new employees fill out. Since this will soon expire it is up to the company how they will treat the expiration. Many companies just check all the files for update once a year. As long as you can show the EAD or PR before that there would be no problem.

 

However the current call for punishment of employers who hire illegals may result in employers asking employees to leave until they have finished being processed.

 

I would ask the employer if they think it would be a problem to work during the time between.

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Frank and Dan summed it up well, but just to add my 2 cents, the EAD for the time between when you file for AOS and get the green card CANNOT be filed before you file AOS - it must be filed after or concurrently. As Frank said, anything you file before that would only be only temporary and good for the 90 days after entry into the U.S. - almost definitely not worth the money since it will likely take at least a month or so to process; but if you have a job lined up, might be something to invest in.

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You can, but it may not be worth the effort.  While you are in K-1 status, you can apply for an EAD (work permission), but I believe this EAD will expire when your K-1 expires (90 days) and can't be renewed, and the earliest you'll be able to file again is when you file your AOS

 

Given the length of time it takes to get an EAD, your K-1 status may run out before you actually receive this temporary non renewable work permission.  Further, if it does expire before you get the normal EAD, you'll be in limbo if you've got a job - working with an expired EAD.

 

I don't know if things have changed, but the best way to get the temporary work permission while you are in K-1 status used to be to enter the US through JFK (New York) where they would stamp your I-94 showing that you are work authorized.  Again, I don't know if they still do this.  I think DavidZixuan's wife recently came through JFK, so maybe he can confirm whether the IO is still stamping the I-94.

 

Most people don't bother with the temporary EAD and just file at the same time they file for AOS.

205923[/snapback]

someone told me that when i was at the guz waiting for SO to come out of interview...

some guy named R2D2 says he was an original candle member....

anyways i heard K1 had that included already and didnt have to pass through JFK...

 

i was also told by university of central florida that Chun will be able to attend school by using her K1 visa as an official document for application?

 

is this just trial and error or is there some offical website that has all this info on .....

some .gov website or something

can someone direct me to AOS paperwork to fill out and prepare before her arrival?

Edited by izus (see edit history)
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  • 2 weeks later...
Again, I don't know if they still do this.  I think DavidZixuan's wife recently came through JFK, so maybe he can confirm whether the IO is still stamping the I-94.

 

Most people don't bother with the temporary EAD and just file at the same time they file for AOS.

205923[/snapback]

to answer [belatedly] ... yes the IO stamped her I-94 as "Authorized to work" , or something similar on the back side...

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Again, I don't know if they still do this.  I think DavidZixuan's wife recently came through JFK, so maybe he can confirm whether the IO is still stamping the I-94.

 

Most people don't bother with the temporary EAD and just file at the same time they file for AOS.

205923[/snapback]

to answer [belatedly] ... yes the IO stamped her I-94 as "Authorized to work" , or something similar on the back side...

209960[/snapback]

Going through LAX was much different. Liuqing's I-94 was not stamped "authorized to work". We applied for her SSN right away - not for work, but rather to start building an identity. When the SS card arrived in the mail, it was stamped "not valid for work without Homeland Security authorization." Or words to that effect.

 

Not a big deal, really. We'll request a duplicate SS card and hopefully get that strange little qualifier removed.

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