Question on EAD

[rogerinca]

How exactly does it work? Wendy is getting bored to tears here at home, on her extended vacation. We plan to mail off the AOS packet later this coming week. How long must we wait before Wendy can work? We have her SSN card and stuff, just wondering what others have experienced and what we might look to expect. Thanks!

 

Hi Dylan,

 

I don't know how you got Wendy's SS card before EAD.

In North Carolina they told Ling she would have to get EAD before

issuing the SS number, so I went a head and filed for EAD,,so that

Ling could get her SS number.

Other states seem to do it differently.....

I take it that an alien wife can not work with out both an EAD and a SS number??........

Our Time line is as follows:

Dec 15 filed I-765 "Employment Authorization" Vermont Service Center

I-797C..For I-765 Rec. December 23, 2008

I-765 approved on Jan. 13, 2009

SS# applied for and received Jan.30...North Carolina SS deparment

So as you can see,,it only took 1 and a half months.

But I guess if you are going to get EAD through AOS than it will probably take longer.

 

I will be filing AOS for Ling and the boys during last part of April and all of May. I wanted to wait until my 2008 taxes were filed before I file for AOS. And I don't like to give Uncle Sam his money until the last possible moment..............

 

Tom and Ling

 

EAD and SS are Federal - governed by the same laws everywhere. K-1's are "work authorized" for the duration of their visa - long enough (90 days) to allow them to get an SSN and get married.

 

Well Randy,

 

K3's are not "work authorized" at least in North Carolina ,,it may be different in other states.

North Carolina requires EAD before issuing SS#,,that is if you want SS# before AOS.

At least that is what we were told in Durham, NCTom and Ling

 

 

What Randy said was completely accurate.

 

He was speaking to the K-1 visa which has some differences from the K-3 visa.

 

Moreover, this does not vary state by state. As Randy correctly stated, this is a Federal regulation/policy. State law had no bearing in this regard. Your state (NC) does not set the rules in this regard.

 

The SSA agents (US government) look to their guidelines for each specific visa and or situation. When I called my local SSA office in my town in California, she asked what type visa and then advised me of the same info¡­we would first need the EAD in order for them to issue the SSN. It is not the same for those with the K-1¡¯s, just as AP is not the same for the K-1 holder as it is for those with K-3.

[dnoblett]

She has an SSN? Can't work the same day?

Don't understand other answers. Got a SSN

gives you the right to work don't it? Please

correct me if wrong. We live in NC also.

Once deneid(spelled wrong) due to no approved

I-130 for K3, that was the only reason. If she has

a ssn go for it. She is legal to work .

 

We have been through heck and back over

this subject. Your state may not be Fed.

Just a sugestion, only a faq.

 

Best to contact the county you live in.

State and local they can give, we found

it not the same as federal level. Just what

we found, more or less. (not typ). Results

may vary....................

 

As far as FED law goes makes no sense why

she has not the right to work. SSN gives you

all the right you need, don't it?

 

The social Security Administration is NOT the department that authorizes work permission, HOMELAND SECURITY does, ONLY US Citizens, Green-card holders, and persons that have an EAD card can take a job in the USA.

 

You MAY want to read form I-9 for MORE:

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[TaijiMonkey]

The social Security Administration is NOT the department that authorizes work permission, HOMELAND SECURITY does, ONLY US Citizens, Green-card holders, and persons that have an EAD card can take a job in the USA.

 

You MAY want to read form I-9 for MORE:

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

 

But K1 visa holders are authorized to work on entry, right?

 

That was my understanding, anyway.

 

I sure hope so: my wife has been working for the last month and all they asked for was her SSN so they could file everything accordingly with the IRS. Is this going to cause us problems in the future?

[Randy W]

The social Security Administration is NOT the department that authorizes work permission, HOMELAND SECURITY does, ONLY US Citizens, Green-card holders, and persons that have an EAD card can take a job in the USA.

 

You MAY want to read form I-9 for MORE:

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

 

But K1 visa holders are authorized to work on entry, right?

 

That was my understanding, anyway.

 

I sure hope so: my wife has been working for the last month and all they asked for was her SSN so they could file everything accordingly with the IRS. Is this going to cause us problems in the future?

 

Reporting (individual) is done annually - by then, I'm sure she'll have her EAD. Don't worry about it. She's not an illegal alien.

[Guest Dylan W]

The social Security Administration is NOT the department that authorizes work permission, HOMELAND SECURITY does, ONLY US Citizens, Green-card holders, and persons that have an EAD card can take a job in the USA.

 

You MAY want to read form I-9 for MORE:

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

 

But K1 visa holders are authorized to work on entry, right?

 

That was my understanding, anyway.

 

I sure hope so: my wife has been working for the last month and all they asked for was her SSN so they could file everything accordingly with the IRS. Is this going to cause us problems in the future?

Yep, you are fine and good to go!

[TaijiMonkey]

WHEW!!

 

That's a relief!

[dnoblett]

The social Security Administration is NOT the department that authorizes work permission, HOMELAND SECURITY does, ONLY US Citizens, Green-card holders, and persons that have an EAD card can take a job in the USA.

 

You MAY want to read form I-9 for MORE:

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

 

But K1 visa holders are authorized to work on entry, right?

 

That was my understanding, anyway.

 

I sure hope so: my wife has been working for the last month and all they asked for was her SSN so they could file everything accordingly with the IRS. Is this going to cause us problems in the future?

Yep, you are fine and good to go!

The employer is obligated to confirm work authorization, they need to abide by form I-9 and verify work auth. Unless the K-1 somehow got an EAD stamp at the POE the employer cannot employ the person without an EAD card.

 

K-1 is NOT a work visa it is a fiancee visa, which is for entry to the USA and marriage. USCIS instructs SSA to treat the K-1 as work authorized so that they will be able to issue a SSN, this is primarily to deal with another federal law that requires persons filing for a "license" to have SSN, some states are strict about this law and wont issue a marriage license unless both persons applying for it have SSN.

 

The SSN card is marked "Valid with DHS auth" which indicates the SSN card alone is NOT work authorization and for employers to request other evidence of work authorization (EAD or Green-card).

 

Again read form I-9 and pay close attention to List "A" AND List "C"

 

List "A" indicates the EAD MUST be the Photo ID CARD List "C" indicates a SSN card that has the "DHS Auth" notation is NOT acceptable proof of employable.

 

List "A" 1) US Passport, 2) Green-Card, 3) Foreign passport with I-551 stamp (GREEN-CARD), 4) PHOTO ID EAD, 5) Immigrant working for specific employer (Non-Immigrant work visa) with valid I-94.

 

 

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

[TaijiMonkey]

So...

 

Is this going to get us in trouble at some point?

 

She has been working since the first of March, and at least one place is employing her as a contractor, and filing a W-9...

[Randy W]

So...

 

Is this going to get us in trouble at some point?

 

She has been working since the first of March, and at least one place is employing her as a contractor, and filing a W-9...

 

As long as she can get her EAD within 90 days - no.

[Guest Dylan W]

When we went to the SSA, they told us the entire purpose of getting the SS Card for Wendy was so that she can work, prior to getting her AOS completed.

[chilton747]

When we went to the SSA, they told us the entire purpose of getting the SS Card for Wendy was so that she can work, prior to getting her AOS completed.

 

When we went to the SSA, I told the agent that my wife just arrived on an IR1 visa and we wanted to get her a SS#, then I handed her passport with the visa to him. Then the agent asked my wife for her SS#.

[Sebastian]

So whaddya think? Some evidence of SSA offices handling matters differently, depending on location. Or was the 'work authorized' bit finally pushed through to all offices, and finally they received site training about it? Or a gaggle of other 'explanations'. **Sigh** . I pray for consistency, maybe it'll happen in my lifetime?

[Randy W]

Like Dan said, the SSA doesn't "work authorize" anything - that "only with DHS approval" stamp on the card is meaningless. Either you have DHS approval or you don't. "Differences" between SSA offices are simply differences in the intelligence level

 

The "gray" area comes in the reporting - employers make quarterly reports to the IRS on their own income, but only report individual income annually. So some employers require Employment Authorization in hand - for others, it's enough to know that you have one on the way.

 

The law requires only that the documentation be produced within 90 days.