More confusion about ead and a k-1 visa holder

[lele]

My question is does she need to have a SSN to start some part time work with the 3 month stamp??

 

We just got her stamp on arrival at JFK last week.

 

Ambitious!!! already wanting to start work aside from her ESL class she is in already.

Excellent question!

 

The law is not completely clear on this one.

 

It seems like it *is legal* to *work* with an EAD, but before having an SSN. However, it is *not* legal for the employer to actually *pay* you until you have an SSN. Hence, if she were to work, and the employer were to conviently wait until after the card arrives to hand over the first pay check, it *should* be ok.

 

However, I am not a lawyer, so please do not go by my advice.

 

I may be dead wrong...

 

Does anyone know about this?

[warpedbored]

The bottom line is no employer is going to hire you if you don't have a SSN unless it under the table ilegal stuff. I have heard of many cases where the new arrival from China anxious to to work taking a job in a

Chinese restaurant under the table before getting a green card or EAD. Seems stupid to me. If there was an immigration raid and they were caught up in the sweep without work authorization they could very well be deported.

 

If your loved one received an EAD stamp at the POE she should be able to get a SSN no problem.

[lele]

Agreed.

 

However, it is the EAD which *authorizes* employment. The SSN has nothing to do with employment. Hence, one who is authorized to work, if they want to work before they get their SSN, I believe, can legally do so.

 

However, the employer certainly can not give MONEY to a person who does not have a SSN, because of the violations of the tax code.

 

However, since the SNN will come in a couple of weeks at most, and most of the time paychecks come bimonthly or monthly, it should be ok, at least I think!

 

Does anyone know the actual law on this?

[leejcandle]

It seems there's too much misinformation at these local Social Security offices.

 

Julia and I were fortunate. At our local office (Georgetown, TX) we waited in line with her passport/visa and birth certificate. I had taken along a memo about K1 work authorization, just in case.

 

The lady looked at her passport and visa very carefully, asked only a couple of questions, but worked very dilligently to enter the information into the computer.

 

The SS card came in the mail a couple of weeks later with some sort of "USCIS approval" for work stamped on it. But the original application experience was relatively painless.

 

We'll see what happens when we go back for the name change.

[maxmilagro]

Here is what SSA says about working and a K-1 visa on their website (http://www.ssa.gov/immigration/visa.htm). I'm hoping that when I print out a copy of this page for my local SSA office they will relent and give Jun a number. I could file an I-765 but it costs $175 and I don't see why I should have to pay that much to educate my local SS idiots!

 

 

Visa Classifications that Allow You to Work in the U.S.

 

E-1, E-2

Treaty trader or Treaty investor

 

F-1

Foreign academic student, when certain conditions are met

 

H-1B, H-1C, H-2A, H-2B, H-3

Temporary worker

 

I

Foreign information media representative

 

J-1

Exchange visitor, when certain conditions are met

 

K-1

Fiancé of a U.S. citizen

 

L-1

Intra-company transferee

 

M-1

Foreign vocational student

 

O-1, O-2

Temporary worker in the sciences, arts, education, business, or athletics

 

P-1, P-2, P-3

Temporary worker in the arts, athletics in an exchange or cultural program

 

Q-1, Q-2

Cultural exchange visitor

 

R-1

Temporary religious worker with a nonprofit organization

 

TC

Professional business worker admitted under U.S.-Canada Free Trade Act (NAFTA)

 

TN

Professional business worker admitted under NAFTA

 

Please Note: If you have a different classification, you must show us evidence from the Department of Homeland Security that you are authorized to work.

[maxmilagro]

I just got off the phone with a live person at USCIS who told me that K-1 visa holders are not allowed to work without an EAD and that they advise people to wait to file an I-765 until after they are married because it takes 90 days to get the EAD and by then the visa is expired. Better to wait until one files the AOS.

 

I told her that some people had employment authorization stamped in their I-94 at the POE. She said that's not supposed to happen and not valid.

 

On the other hand, I just discussed this matter with another CFL person who (as many of you have apparently) convinced his local SSA office to grant a SS number based on a "memo" stating K-1's ARE allowed to work without filing for an EAD.

 

I suspect that there is so much confusion over this matter that different offices handle it differently and that my hope for rationality and order and certainty in this process is about as vain as hoping for an end to entropy.

[johns]

My question is does she need to have a SSN to start some part time work with the 3 month stamp??

 

We just got her stamp on arrival at JFK last week.

 

Ambitious!!! already wanting to start work aside from her ESL class she is in already.

Excellent question!

 

The law is not completely clear on this one.

 

It seems like it *is legal* to *work* with an EAD, but before having an SSN. However, it is *not* legal for the employer to actually *pay* you until you have an SSN. Hence, if she were to work, and the employer were to conviently wait until after the card arrives to hand over the first pay check, it *should* be ok.

 

However, I am not a lawyer, so please do not go by my advice.

 

I may be dead wrong...

 

Does anyone know about this?

For what its worth we went to 2 local chain supermarkets and inquried about a job. All they said was get the SSN and you are "good to go"

 

We are planning to apply for the card in the next few days under her maiden name. Following the wedding (in 2 weeks) we will change the name with SSA

 

How could USCIS stick by"not supposed to happen like that" Then why the hell is JFK stamping the I-94 anyway. This is absolute BS!!!

[tywy_99]

How could USCIS stick by"not supposed to happen like that"  Then why the hell is JFK stamping the I-94 anyway.  This is absolute BS!!!

The thing with USCIS is that if you don't like the answers you are getting; hang up and call again!...you will most likely get a different rep who will give you different answers, maybe answers more to your liking!

Some of the reps are knowledgable and helpful.....

Most aren't!.........