Employment Authorization at Port of Entry?

[sanshanghai]

I read that someone got work authorization upon arriving at JFK just a few weeks ago.

 

My fiancee will arrive at SFO.(san francisco)

 

It has been my understanding that we would have to file a I 765 "application for EAD" to get work authorization. We have expected this to take about 3 months.

 

Is it true that my fiancee can get authorization to work at POE? I thought they had discontinued that practice. This would be very good news. her ability to work would be very good for us (so she doesn't sit around the house bored waiting for me to come home) in addition to the obvious financial perks.

 

1)So what exactly is the work authorization status of a person who entered on a k1 before the I-765 is approved?

 

 

2)So shhould I tell her to non aggressively ask for this at the airport?

 

Thanks.

[FuManChu]

Only Dallas and JFK stamp the work authorization at the POE. No one else. So SFO will not give her any work authorization stamp. Just gonna have to apply for an EAD

[ÕÔÙ»ºÍ³Î°ÛÀû]

- Apply for SSN ASAP after entry

- Get married ASAP after entry

- Apply for AOS ASAP after marriage

- Apply for EAD ASAP after (or at the same time as) AOS

 

Once you have the SSN and EAD receipt, you can work. You don't need the actual EAD: see the instructions for form I-9.

[david_dawei]

Once you have the SSN and EAD receipt, you can work. You don't need the actual EAD: see the instructions for form I-9.

 

 

The difficulty with this argument is that the I-9 reads:

 

if one is "work authorized"... then the receipt is acceptable... what's the basis of the authorization to request the reciept? If it's the K1 status itself, then they don't even need a receipt

 

If the authorization comes with the receipt, then how can it be applied for unless one is authorized to apply for it

 

I side with the Social Security view that a K1 is authorized to work incident of status.. and CIS is now coming around to accepting that and hopefully applying that to the regulations.

 

you can read my research on the topic if interested... but it's really up to the employer: Some will accept the K1 as proof; some will accept the receipt; some will not accept either of these two, but wants to see an EAD... So the safest and surest bet is to have the EAD.

 

K1 as work authorized

http://candleforlove.com/forums/index.php?showtopic=19268

[sanshanghai]

There is a question when applying for a social security number concerning a non immigrant's work status.

 

there are three options:

1) authorized to work

2) not authorized to work

3) other

 

What category would a K1 applicant be while adjusting status without an EAD?

 

the second and third options require submitted proof that the applicant needs a social security number to receive a government benefit.

 

Is the ten day wait probably a good idea?

Edited September 26, 2006 by sanshanghai (see edit history)

[Yuanyang]

My team came into DFW as CR1/CR2. I don't see any special stamp in her passport. Also they've been here almost 20 days and still no Green cards or SSN.

[Yuanyang]

My team came into DFW as CR1/CR2. I don't see any special stamp in her passport. Also they've been here almost 20 days and still no Green cards or SSN.

 

Bob, look close at their passports and I-94's. There should be an I-551 stamp in there somewhere.

The I-94 was stamped by the Immigration officer. Then at the exit another office asked again for her passports. She handed the passports and the I-94 to the officer and he did NOT return it to them. He pulled the I-94 out and placed it on a pile of papers where he was at the exit door.

 

Oops! Closer look at the VISA has this on it:

"UPON ENDORSEMENT SERVER AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR"

 

Crises over. You may return to your regular programs.

Edited September 26, 2006 by Yuanyang (see edit history)

[LeeFisher3]

My team came into DFW as CR1/CR2. I don't see any special stamp in her passport. Also they've been here almost 20 days and still no Green cards or SSN.

 

Bob, look close at their passports and I-94's. There should be an I-551 stamp in there somewhere.

The I-94 was stamped by the Immigration officer. Then at the exit another office asked again for her passports. She handed the passports and the I-94 to the officer and he did NOT return it to them. He pulled the I-94 out and placed it on a pile of papers where he was at the exit door.

 

Oops! Closer look at the VISA has this on it:

"UPON ENDORSEMENT SERVER AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR"

 

Crises over. You may return to your regular programs.

Feel free to pay my consulting fee to the CFL Fund, just use the paypal account and I believe $0.03 should be about right for the telephone consultation.

[skibum]

My wife came in through LAX and the official there wrote "Authorized to work " on the I94. She was K1.

She never used it to work though.

[ÕÔÙ»ºÍ³Î°ÛÀû]

Just as a data point Qian is working with an EAD receipt and no EAD. Her employer is a Fortune 100 company with 200,000+ employees, so there's nothing under the table about it.

[Randy W]

I read that someone got work authorization upon arriving at JFK just a few weeks ago.

 

My fiancee will arrive at SFO.(san francisco)

 

 

1)So what exactly is the work authorization status of a person who entered on a k1 before the I-765 is approved?

 

 

2)So shhould I tell her to non aggressively ask for this at the airport?

 

Thanks.

 

 

Any work authorization that may/may not come with the K-1 status would expire at the end of 90 days. This applies to the stamp, as well as what the SSA folks consider 'work authorization" to allow getting a SSN. Few employers are willing to hire based on a 90-day work authorization.

 

In other words, the K-1 is good for a Social Security number, with or without the stamp that the folks at JFK give you. When you get here, like everyone has said, you must apply for EAD.