EAD waiting is killing me!

[joannaliu]

Before I arrived in the US, I applied for a job as a secretary in a law school's China program and everything went well. But after they found out that I haven't applied for EAD,they hired somebody else. Shortly after I arrived in September, I contacted the boss and apparently there is another job opportunity as a translator and interpreter for the program. Again, I passed the interview and I was given 2 months to wait for my EAD. Yesterday, I went to discuss with my boss about the specific things like my job responsibilities and rate... It went smooth and I could sign the contract with them the next day. When the HR lady found out that I only hold the receipt for I-765, she called his lawyer brother and of course he said it is not sufficient enough. I tried to explain to her that in Form I-9, Employment Eligibility Verification, states:

 

"if employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of [sic] the document(s) within three business days and the actual document(s) within ninety (90) days."

 

Davidaixuan suggested this to me. But HR lady said the problem is that I am not authorized to work. That's the whole problem.

 

I came back home with frustration and depression. I think US government is too strict with the new immigrants from the day we filed our application to the day we hold green card or become citizen. I have a friend who married a British guy and from what she told me, everything was so damn easy for her and she starts to work in a week after she arrived.

 

I don't blame the strictness but for god sake can they do it faster?

[dnoblett]

I know it is painful, My Yu dealt with this last year, in our case we did just AOS and waited for green-card, fortunately AOS took only 4 months.

 

Yes EAD can take up to 90 days or more to get, not much can be done about it.

[Randy W]

Form I-9, Employment Eligibility Verification, states:

 

"if employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of [sic] the document(s) within three business days and the actual document(s) within ninety (90) days."

 

 

I'm not sure they are interpreting the law correctly.

 

The company I work for will accept the application for EAD. You can work for 90 days while waiting for the EAD. Since everyone is on a 90-day probation period when first hired, if you don't have the EAD within that 90 days, then bye-bye.

 

Perhaps it is my employer that is interpreting it wrong...

 

But I can see where this is very frustrating.

 

My Jing wants to work as soon as she gets here. I keep telling her...No...you must wait until you have the proper documents. She says to me..OK....you apply now...then I have when I arrive!

 

I say to her...OK! give me your visa number and I will complete application!...She says... I say...

 

 

No - employers can hire or not as they please. Many companies expect the card in hand before they will hire. My company even sent a new hire to sit in a hotel in Beijing with a laptop when his student visa expired before his work visa came through.

 

Other companies will hire simply on the knowledge that you are eligible to apply for EAD. Just be careful who you work for.

Edited December 16, 2008 by Randy W (see edit history)

[joannaliu]

That's the problem! I-9 instruction itself is so unclear. I can interpret it in a way that you guys do: provide my EAD within 3 months but now the receipt is good enough for 3 months. But in a way you can also interpret as HR lady did.

 

She also showed me the back of I-9 form which instructs the conditions of hiring employees. I seemed to fit one of the requirements but without I-551stamp on my visa. Anyway, I understand that it is a law school. It sounds ridiculous if a law school does not follow the law. They are being more careful!

 

It's very very frustrating, especially you know there is a job available in front of you and you can make pretty good money out of it. But you just can't! The more I think about it, the more frustrated I get. Oh well, what else can I do besides waiting!!! We are going back to the west coast in two days for Christmas! I thought by the time we come back, I wouldn't have to stuck myself at home aimlessly! I am tired of that. I've been doing this for three months already. Thought new year will give me a new start but it turns out it will be the same! I am too young to stay at home all day long to kill my precious time! American Government really needs to change its immigration law. It doesn't seem efficient enough to me!

[dnoblett]

Keep in mind: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

[Randy W]

Keep in mind: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

 

She is applying for AOS and EAD.

[joannaliu]

Sorry, I don't really understand your point. I have SSN.

 

Keep in mind: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

[Richard & Li]

Our EAD took 80 days.

 

The SSN that can be obtained with the K1 expires on the I-94 exit date (as did Li's state ID card).

 

We are going today to get her SSN renewed (I understand the number will remain the same) and to get our son's SSN. After that, they want to take a crack at the driver's license test.

[Randy W]

Our EAD took 80 days.

 

The SSN that can be obtained with the K1 expires on the I-94 exit date (as did Li's state ID card).

 

We are going today to get her SSN renewed (I understand the number will remain the same) and to get our son's SSN. After that, they want to take a crack at the driver's license test.

 

SSN's never expire - they are permanently assigned to that person, even if they abandon their residency. They are not renewed, although you may wish to get that "not valid for employment except with DHS authorization" notation removed.

Edited December 17, 2008 by Randy W (see edit history)

[dnoblett]

Sorry, I don't really understand your point. I have SSN.

 

Just pointing out the purpose of a K-1 visa, it is a fiancee visa, not a work visa, it is "Work auth" For SSN, not work auth to "work".

 

Like K-3, K-1 also has the same pain of having to wait for EAD or Green-card to be able to work for most employers.

 

The only visas that guarantee immediate work authorization are CR-1 and IR-1 immigrant visas.