Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

AOS Approved!! but what about EAD??

AOS Approved!! but what about EAD??

Thread Tools
 
Old May 25th 2003, 4:44 am
  #1  
Harley Baldwin
Guest
 
Posts: n/a
Default AOS Approved!! but what about EAD??

After four months of waiting since our AOS interview my wife finally
received the Approval Notice (actually a file copy with a red stamp on
it) for Conditional Permanent Resident status.

While that is certainly GREAT news, it only makes mention that her
"Green Card" will be mailed to her within 6-8 months (but hopefully
sooner).

It makes NO mention of her work authorization status ( she entered on a
K-1, and she now has a SS Card which says "Valid for Work Only with INS
Authorization), and since she wanted to attend school, we never applied
to ger her EAD. However we do have an AP document for her to enter and
leave the USA.

My questions are:

1) Can she take this approval letter to the local SS Office (where we
got her first SS Card almost a year ago)and change to a "normal" SS Card
?? Or does she HAVE to wait for the actual Green Card to arrive before
she can work? This approval notice makes NO MENTION of a stamp in her
Passport FOR WORK--ONLY if she intends to travel outside the USA it says
she can go to the INS Office and get a stamp in her Passport. She
already HAS an AP Document which is VALID until August 5, 2003. Is that
still acceptable to use for travel?

2) Isn't this "stamp" that they mention ALSO good for work
authorization, as well as for travel outside the USA? It does NOT
specify whether it will be the I-551 stamp--


As I mentioned previously, we NEVER applied for EAD before, since she is
a student, but IF SHE CAN NOW WORK without paying for the EAD
application, and get a "new, work authorized" SS Card, then why not get it??

This letter from INS is useless regarding work authorization--however
the file does say her Class of Admission is "CF1"

ANY ideas or suggestions would be appreciated---If we CAN get the stamp
for BOTH EAD and AP in her Passport at the INS Office, then we will go
there next week, but just for AP that she already has??

Many thanks,

HB
 
Old May 25th 2003, 11:10 am
  #2  
Michael D. Young
Guest
 
Posts: n/a
Default Re: AOS Approved!! but what about EAD??

--------------88BC43AF4FE806A4C15E6AC7
Content-Type: text/plain; charset=iso-8859-1
Content-Transfer-Encoding: 8bit

Harley Baldwin wrote:

    > After four months of waiting since our AOS interview my wife finally
    > received the Approval Notice (actually a file copy with a red stamp on
    > it) for Conditional Permanent Resident status.
    > While that is certainly GREAT news, it only makes mention that her
    > "Green Card" will be mailed to her within 6-8 months (but hopefully
    > sooner).
    > It makes NO mention of her work authorization status ( she entered on a
    > K-1, and she now has a SS Card which says "Valid for Work Only with INS
    > Authorization), and since she wanted to attend school, we never applied
    > to ger her EAD. However we do have an AP document for her to enter and
    > leave the USA.
    > My questions are:
    > 1) Can she take this approval letter to the local SS Office (where we
    > got her first SS Card almost a year ago)and change to a "normal" SS Card
    > ?? Or does she HAVE to wait for the actual Green Card to arrive before
    > she can work? This approval notice makes NO MENTION of a stamp in her
    > Passport FOR WORK--ONLY if she intends to travel outside the USA it says
    > she can go to the INS Office and get a stamp in her Passport. She
    > already HAS an AP Document which is VALID until August 5, 2003. Is that
    > still acceptable to use for travel?

http://policy.ssa.gov/poms.nsf/lnx/0100203410

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully
Admitted for Permanent Residence

A. POLICY

All aliens lawfully admitted for permanent residence (LAPR) must submit evidence
to prove their status.

B. KINDS OF ESTABLISHING LAPR STATUS

Accept any of the following documents as evidence of LAPR status:

NOTE: The alien must submit the appropriate document issued by INS. A receipt
from INS showing that the alien applied for the document is not acceptable.

1. I-551

2. Temporary I-551

INS issues a temporary I-551 as evidence of immigrant status for the alien to
use until the permanent I-551 is received. This may be a stamp in the alien's
passport or on an I-94.

http://policy.ssa.gov/poms.nsf/lnx/0100203400

RM 00203.400 Who Must Submit Evidence of Lawful Alien Status for an SSN Card

B. GLOSSARY

10. Conditional Resident Alien

A conditional resident alien is an alien granted a 2-year period of permanent
resident status based on (1) a “qualifying� marriage to a U.S. citizen or
national, a permanent resident or (2) qualifying as an alien entrepreneur. A
conditional resident alien has the same INS documents as an LAPR except that the
I-551 expires after 2 years. For enumeration purposes conditional resident
aliens are treated as aliens lawfully admitted for permanent residence.

http://policy.ssa.gov/poms.nsf/lnx/0100203570

RM 00203.570 Actions Required When Lawfully Admitted Alien's Status Changes

C. PROCEDURE

b. Alien Now a Permanent Resident

4. Does the alien have an SSN card with the legend “VALID FOR WORK ONLY WITH INS
AUTHORIZATION� ?

If yes, get a completed application and evidence of identity and permanent
resident alien status. Enter a “Y� in the PRA block. Tell the alien that a new
SSN card will be issued.

d. Alien Applies For SSN While A Status Change Pending

When an alien alleges INS work authorization while the change of status request
is being processed, ask if INS issued an EAD. Ask to see it. If the alien
presents an EAD, process the request for a work authorized SSN card. If the
alien does not have an EAD, refer him/her to INS for the appropriate
documentation; i.e., temporary I-551 stamp in the passport or on Form I-94.



Take care,


Mike



--------------88BC43AF4FE806A4C15E6AC7
Content-Type: text/html; charset=iso-8859-1
Content-Transfer-Encoding: 8bit



Harley Baldwin wrote:
After four months of waiting since our AOS interview
my wife finally
received the Approval Notice (actually a file copy with a red stamp
on
it) for Conditional Permanent Resident status.
While that is certainly GREAT news, it only makes mention that her
"Green Card" will be mailed to her within 6-8 months (but hopefully
sooner).
It makes NO mention of her work authorization status ( she entered on
a
K-1, and she now has a SS Card which says "Valid for Work Only with
INS
Authorization), and since she wanted to attend school, we never applied
to ger her EAD. However we do have an AP document for her to enter
and
leave the USA.
My questions are:
1) Can she take this approval letter to the local SS Office (where we
got her first SS Card almost a year ago)and change to a "normal" SS
Card
?? Or does she HAVE to wait for the actual Green Card to arrive before
she can work? This approval notice makes NO MENTION of a stamp
in her
Passport FOR WORK--ONLY if she intends to travel outside the USA it
says
she can go to the INS Office and get a stamp in her Passport. She
already HAS an AP Document which is VALID until August 5, 2003. Is
that
still acceptable to use for travel?
http://policy.ssa.gov/poms.nsf/lnx/0100203410
RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully
Admitted for Permanent Residence
A. POLICY
All aliens lawfully admitted for permanent residence (LAPR) must submit
evidence to prove their status.
B. KINDS OF ESTABLISHING LAPR STATUS
Accept any of the following documents as evidence of LAPR status:
NOTE: The alien must submit the appropriate document issued by INS.
A receipt from INS showing that the alien applied for the document is not
acceptable.
1. I-551
2. Temporary I-551
INS issues a temporary I-551 as evidence of immigrant status for the
alien to use until the permanent I-551 is received. This may be a stamp
in the alien's passport or on an I-94.
http://policy.ssa.gov/poms.nsf/lnx/0100203400
RM 00203.400 Who Must Submit Evidence of Lawful Alien Status for an
SSN Card
B. GLOSSARY
10. Conditional Resident Alien
A conditional resident alien is an alien granted a 2-year period of
permanent resident status based on (1) a “qualifying� marriage to a U.S.
citizen or national, a permanent resident or (2) qualifying as an alien
entrepreneur. A conditional resident alien has the same INS documents as
an LAPR except that the I-551 expires after 2 years. For enumeration purposes
conditional resident aliens are treated as aliens lawfully admitted for
permanent residence.
http://policy.ssa.gov/poms.nsf/lnx/0100203570
RM 00203.570 Actions Required When Lawfully Admitted Alien's Status
Changes
C. PROCEDURE
b. Alien Now a Permanent Resident
4. Does the alien have an SSN card with the legend “VALID FOR WORK ONLY
WITH INS AUTHORIZATION� ?
If yes, get a completed application and evidence of identity and permanent
resident alien status. Enter a “Y� in the PRA block. Tell the alien that
a new SSN card will be issued.
d. Alien Applies For SSN While A Status Change Pending
When an alien alleges INS work authorization while the change of status
request is being processed, ask if INS issued an EAD. Ask to see it. If
the alien presents an EAD, process the request for a work authorized SSN
card. If the alien does not have an EAD, refer him/her to INS for the appropriate
documentation; i.e., temporary I-551 stamp in the passport or on Form I-94.
Â
Â
Take care,
Â
Mike
Â
Â

--------------88BC43AF4FE806A4C15E6AC7--
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.