jezebelle

When we applied to SSA, we rec'd a SS card stamped not authorised to work until documentation provided by USCIS. We applied after we were married within 90 days of entry into US. We are awaiting the EAD still. It has almost been 5 months and we have an inquiry in and wrote to a congressman as well.

Noorah101

No, to me it means that the plastic card replaces the stamp, once you get the card, or once the stamp expires. My guess (as a complete layman) would be that the work authorization stamp that you get at JFK is the same thing as the EAD card you will get later on...just different forms of the same authorization. Thus, the stamp would hold as much weight as the actual plastic card. That's my theory, anyway.

Much the same as the I-551 stamp in your passport upon AOS approval is the same as the actual green card which comes later.

Rene

Rete

Think of it as the stamp version of the card just as the I-551 is the stamp version of the green card.

As I said, they probably won't hire you anyway since you only have authorization for 90 days and will have to quit or take an unpaid leave of absence until you marry and apply for an get your one year EAD.

meauxna

OP did say that it's a project that would fall within the 90 day limitation, but it sounds like the company lawyer's dug his/her heels in and needs to defend that position (can't blame 'em, that's their job).

Quite unfortunate for the OP, but a good reminder to K-1s and K-3s that they should not PLAN on working in the US for their first 4+ months.

jeffreyhy

niemand,

Is this attorney an immigration attorney, or a corporate attorney? Probably the latter, with perhaps some knowledge of immigration law but it's not his specialty.

Depending on how much this job is worth to you financially, perhaps it might be worthwhile for you to find an immigration attorney who would be willing to discuss this issue with the corporate attorney and who might be able to change the corporate attorney's understanding on the issue? A good and reasonable attorney will likely consider the opinion of another attorney on a point where the other attorney is the more knowledgeable.

Yodrak

niemand

it's the lawfirm that the company uses for their employment authorization matters. Since the company has offices around the world, the lawfirm process L1 visas for them on a regular basis.. I guess a K1 is a little out of the ordinary for them.

jamie_nluv

This is the info you can look up:

http://www.usdoj.gov/crt/osc/htm/facts.htm#overview

basically the US government protects you from this very thing. If this lawyer insists the you can report them and recover damages -- at the least this will serve as pressure OR as a source of valuable info. Have the lawyer call this # and request information from the government.

For further information about the Office of Special Counsel, or to file a charge of discrimination:

Call:
1-800-255-7688 (worker hotline) or 1-800-237-2515 (TDD)
1-800-255-8155 (employer hotline) or 1-800-362-2735 (TDD)
1-202-616-5594 (direct office line) or 1-202-616-5525 (TDD)

"Q. What is the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC)?

A. The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) in the Department's Civil Rights Division protects U.S. citizens and work authorized immigrants from employment discrimination based upon citizenship or immigration status and national origin, unfair documentary practices when verifying the employment eligibility of employees, and retaliation. Individuals discriminated against may file charges with OSC and be awarded back pay and reinstatement, among other remedies.
"


and here is how you can prove you can work (see list C):

Q. What documents may employees show employers to establish identity and employment eligibility?

A. The documents identified below are acceptable to establish identity and employment eligibility. Please note that the list of acceptable documents is different than the list that appears on the back of the current I-9 Form due to intervening changes in law. However, employers that continue to follow the list that appears on the back of the I-9 Form will not be sanctioned by the Department of Homeland Security (DHS), until such time as DHS issues a new I-9 Form and Handbook for Employers. In addition, please call OSC for special rules that apply in certain situations, including receipts, rehiring former employees, workers with temporary protected status (TPS), documentation for individuals with disabilities, and additional acceptable documents.

List A
Documents that Establish Both Identity and Employment Eligibility.


• U.S. Passport (unexpired or expired)

• Unexpired foreign passport that contains a temporary I-551 stamp

• Alien Registration Receipt Card or Permanent Resident Card (INS Form I-551)

• Unexpired Employment Authorization Card that contains a photograph (Form I-766, Form I-688, Form I-688A, Form I-688B)

• For non-immigrants authorized to work for a specific employer: an unexpired foreign passport with an Arrival-Departure Record, Form I-94, bearing an unexpired endorsement of the individual's nonimmigrant status.

• Unexpired foreign passport with a Readable Immigrant Visa (MRIV) and unexpired temporary I-551 stamp (valid until the expiration date set forth on the temporary I-551 stamp).

• Unexpired foreign passport with a MRIV containing temporary I-551 language and endorsed with an unexpired DHS admission stamp (valid for one year from the date of admission).

See also the receipt rule discussion below for additional documentation.

OR
List B
Documents that Establish Identity

• Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address

• ID card issued by federal, state or local government agencies or entities provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address

• School ID card with a photograph

• Voter's registration card

• U.S. Military card or draft record

• Military dependent's ID card

• U.S. Coast Guard Merchant Mariner Card

• Native American tribal document

• Driver's license issued by a Canadian government authority

For persons under age 18 who are unable to present a document listed above:

• School record or report card
• Clinic, doctor, or hospital record
• Day-care or nursery school record.


AND
List C
Documents that Establish Employment Eligibility

• U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment or valid only with INS work authorization)

• Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)

• Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal

• Native American tribal document

• U.S. Citizen ID Card (Form I-197)

• ID Card for use of Resident Citizen in the United States (Form I-179)

• Unexpired employment authorization document issued by the Department of Homeland Security (other than those listed under List A), including (1) a Form I-94 identifying the holder as an asylee (by stating "asylum", "asylee" or appropriate provision of law), (2) other documentation issued by DHS (or the former Immigration and Naturalization Service (INS)) that identifies the holder as an asylee, lawful permanent resident, refugee (except for the Form I-94 identifying the holder as a refugee, which is considered a receipt only), or other status authorized to work in the United States incident to status, or (3) an on-line Case Status Service report from U.S. Citizenship and Immigration Services showing that an application for an employment authorization document has been approved.

USA & Pakistan

My husband got a job with the stamp and had got his EAD card at the biometrics appt just prior to the expiration of the stamp, so no gap. He was one of the lucky ones, I guess.

In the OP's case, perhaps a letter or call from an immigration attorney might jar this company attorney from his erroneous conclusion that the EAD stamp is not work authorization.

Marnee

jeffreyhy

niemand,

My suggestion sounds like a dead-end then. K1 may be a little out of the ordinary for this firm, but not much. They should know what they're talking about, or they'll think they know and won't be much inclined to change their mind about something that they should know.

Still might be worh a consultation with a lawyer from a different firm with the same specialty to get a 2nd opinion. There's no doubt at all in my mind that you'll need an attorney's opinion, and an attorney's ability to argue a legal point, and an attorney's credentials to change the first lawyer's opinion if it can be changed at all.

Regards, JEff

Rete

But you know, and I know, that anything can come up and throw scheduling off track. What if the project runs over into 120 days? Are they going to be happy to see him walk off the project which isn't finished.

I agree with you and have held that same premises for all of the last 8 years. If you desperately need money, hence a job, when you come to the US then don't come until you have saved enough money to float you for a minimum of 90 days and get married on at least day 2 of your entry to get the ball rolling.

But you can only admonish people so long and so often until you stop saying it. I'm sorry that the OP is in this limbo and wish I could offer him some sound advice on how to convince the company's attorneys that they are not running afoul of CIS law by hiring him.

niemand

thanks, Jeff.
contacting another lawyer is pretty much all I can do right now...
I just hate having to sit around and wait for the AP and/or EAD.

best wishes,
Niemand

fatbrit

May be something here: http://www.usdoj.gov/crt/osc/htm/facts.htm#docs

evanio1978

Tell the Lawyer to ring the local district immigration office - they have an employer hotline.

That will reslove the whole thing in a heart beat.