Ok, she is here, now what..............

[Shenzhen K-1]

The stamp "Not valid for work without DHS authorization" is meaningless, since DHS authorization is required anyway. But we have heard of employers refusing to hire someone until the "restriction" was removed (after the green card).

The Notation does have meaning, it tells employers that EAD is needed, Either the temp EAD 90 day stamp in passport, or EAD card from DHS (USCIS).

 

An additional note on K-1, Can a K-1 work for the 90 days of the I-94 with out EAD stamp? This is a gray area.

 

If you read the employment evidence requirements on form I-9 column A used by employers.

 

An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

http://www.uscis.gov/files/form/i-9.pdf

 

If the employer is aware that K-1 is "Work Auth" they may employ, but some may not.

 

File for EAD with AOS by including I-765 with the I-485, EAD costs no more when included with AOS filing. EAD code is (c )(9 ) Based on pending I-485.

 

Soooo... If an employer hires my wife based on his acceptance of the I-94 as authorization, she can work until the I-94 expires. But when that expires, technically/legally she would have to quit work and cannot start again until the EAD arrives correct?

Correct. Yu did this for the local public school on her I-94, and she was reemployed when she got her green-card.

 

How many days and or months was the gap??

[IllinoisDave]

How many days and or months was the gap??

 

Good question Mark, I'm curious myself. Since how soon someone files for EAD after arrival determines how long the gap is, I guess the more pertinent question might be: "How long is it taking to get the EAD these days?"

 

So I'm gonna to start a new thread and get some feedback on that.

[dnoblett]

How many days and or months was the gap??

 

Good question Mark, I'm curious myself. Since how soon someone files for EAD after arrival determines how long the gap is, I guess the more pertinent question might be: "How long is it taking to get the EAD these days?"

 

So I'm gonna to start a new thread and get some feedback on that.

About 2.5 months

 

EAD is taking around 2 months or so to get.

 

EAD Times

[IllinoisDave]

How many days and or months was the gap??

 

Good question Mark, I'm curious myself. Since how soon someone files for EAD after arrival determines how long the gap is, I guess the more pertinent question might be: "How long is it taking to get the EAD these days?"

 

So I'm gonna to start a new thread and get some feedback on that.

About 2.5 months

 

EAD is taking around 2 months or so to get.

 

EAD Times

 

Thanks Dan, as usual.

Where is that? I can't find it.

[dnoblett]

 

Thanks Dan, as usual.

Where is that? I can't find it.

VJ Timelines posted under Candle Site Issues and Anouncements.

 

http://www.visajourney.com/timeline/index.php?cfl=1 (Notice the "cfl=1" switch in the URL)

[IllinoisDave]

 

Thanks Dan, as usual.

Where is that? I can't find it.

VJ Timelines posted under Candle Site Issues and Anouncements.

 

http://www.visajourney.com/timeline/index.php?cfl=1 (Notice the "cfl=1" switch in the URL)

Thanks again.

[Guest Mike and Lily]

We really hope we get ours within the next two weeks!

[MikeandRong]

The stamp "Not valid for work without DHS authorization" is meaningless, since DHS authorization is required anyway. But we have heard of employers refusing to hire someone until the "restriction" was removed (after the green card).

The Notation does have meaning, it tells employers that EAD is needed, Either the temp EAD 90 day stamp in passport, or EAD card from DHS (USCIS).

 

An additional note on K-1, Can a K-1 work for the 90 days of the I-94 with out EAD stamp? This is a gray area.

 

If you read the employment evidence requirements on form I-9 column A used by employers.

 

An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer

http://www.uscis.gov/files/form/i-9.pdf

 

If the employer is aware that K-1 is "Work Auth" they may employ, but some may not.

 

File for EAD with AOS by including I-765 with the I-485, EAD costs no more when included with AOS filing. EAD code is (c )(9 ) Based on pending I-485.

 

Soooo... If an employer hires my wife based on his acceptance of the I-94 as authorization, she can work until the I-94 expires. But when that expires, technically/legally she would have to quit work and cannot start again until the EAD arrives correct?

Correct. Yu did this for the local public school on her I-94, and she was reemployed when she got her green-card.

That's what I thought.

Thanks Dan.

 

I remember reading somewhere that Social Security will report to USCIS that you are working unauthorized after your I-94 expires if you keep working without the EAD. True or not, I do not know, but it was on a goverment website, I just can't remember where.

[Randy W]

 

I remember reading somewhere that Social Security will report to USCIS that you are working unauthorized after your I-94 expires if you keep working without the EAD. True or not, I do not know, but it was on a goverment website, I just can't remember where.

 

No - reporting by employers to the SSA is on an annual basis. Employers report withholding taxes quarterly to the IRS, but individual data is submitted once a year.

 

Any discrepancies noted by the SSA (multiple uses of the same number, invalid number, etc.) are reported back to the employers. Employers are required to report any discrepancies that cannot be resolved to the USCIS.

Edited December 23, 2007 by Randy W (see edit history)

[Chemist_Geek]

Well, Bobbie and I have had our "fun" with SSA and the Michigan Secretary of State...

 

We went to three different SSA offices (and called their national number) before finding one which would even issue a SSN. Of course, they would not issue it with her American names, but only with her Chinese given name and married family name.

 

Then, going to the Michigan Secretary of State for her ID card, it was the same story...although since her K-1 had expired (for entry; she's still in status until February) there was a bit of consternation.

 

Her medical insurance through my employer wouldn't be issued in anything other than her SSN name...so that's "wrong" too. Right now, the only things that are in her desired American name are our marriage certificate and her library card.

 

Finally, she has nothing from her medical in Guangzhou; everything was taken at POE Chicago O'Hare. No yellow book, nothing...so we had to have the full medical again. That required six (!) sticks to get enough blood, and an X-ray.

 

So, we're getting ready to file the I-485, I-131, & I-765. I wonder if we use her American name on the I-485, how much trouble that will cause?

[iyan46]

Why would they take her yellow book? ... thats not required for entry as long as she has her medical papers

[Randy W]

Well, Bobbie and I have had our "fun" with SSA and the Michigan Secretary of State...

 

We went to three different SSA offices (and called their national number) before finding one which would even issue a SSN. Of course, they would not issue it with her American names, but only with her Chinese given name and married family name.

 

Then, going to the Michigan Secretary of State for her ID card, it was the same story...although since her K-1 had expired (for entry; she's still in status until February) there was a bit of consternation.

 

Her medical insurance through my employer wouldn't be issued in anything other than her SSN name...so that's "wrong" too. Right now, the only things that are in her desired American name are our marriage certificate and her library card.

 

Finally, she has nothing from her medical in Guangzhou; everything was taken at POE Chicago O'Hare. No yellow book, nothing...so we had to have the full medical again. That required six (!) sticks to get enough blood, and an X-ray.

 

So, we're getting ready to file the I-485, I-131, & I-765. I wonder if we use her American name on the I-485, how much trouble that will cause?

 

The I-485 is the best point at which to change her name. List the desired name on the application. Then there is a space for "other" names - list her SS name here. She should be able to get a green card in her desired name this way. Be sure to use this name and her correct A number on all forms. The A number is the letter "A", followed by 8 digits. It is on the I-94, and the acceptance notice (NOA2) you received.

 

The POE is supposed to take all of her immigration forms, including the medical. Everything will be added to her file, which the Immigrations Officer will have when she interviews for AOS. You do not need another medical unless they ask for one (RFE).

 

The yellow book is NOT part of the file and should not have been taken at the POE.

[jim_julian]

What Randy said, and ...

 

For supporting evidence you can use the common law name change procedure which is accepted by the US government and "cannot be prohibited" by state governments ... although some apparently try.

 

Don't let the state government and the SSA push you around ... we've been through it, it ain't easy. Prepare a common law name change declaration (I've posted this before) and insist on your rights.

[David&Wendy]

The stamp "Not valid for work without DHS authorization" is meaningless, since DHS authorization is required anyway. But we have heard of employers refusing to hire someone until the "restriction" was removed (after the green card).

The Notation does have meaning, it tells employers that EAD is needed, Either the temp EAD 90 day stamp in passport, or EAD card from DHS (USCIS).

 

 

 

The social security card means exactly the same thing, with or without the stamp. The I-9 lists the employment eligibility requirements. Employers are aware of this form, regardless of how they interpret the SS card.

 

At this point, we're simply arguing semantics, except that here in Houston, as long as you can produce work authorization documents within 90 days, you are preferred (by employers) over someone who can't. It's unlikely that we'll be waiting in the long SSA lines simply to remove a meaningless "restriction".

 

So if you got your EAD NOA in December the theory is you would have your EAD before March?

[Randy W]

So if you got your EAD NOA in December the theory is you would have your EAD before March?

They say 90 days, and seem to stick to it.