Originally posted by Folinskyinla
Mark:

I'm sure that the most important I-765 that USCIS is handling is yours. To establish that, all one has to do is ask you! .

Originally posted by Folinskyinla
You are a person of little imagination. <g> and

I think you are making a very basic error in assuming that that "K-3/4" are the ONLY I-765's that NBC takes. I think the secret lies in the I-485 -- LIFE line. Those applications had a drop-dead filing deadline last June and lots of them had I-765 tied to them. Since the I-485 has to be intitally processed before issuance of an EAD, I find it interesting that the EAD appication processing time is just a little behind the 485/Life processing.

This is speculation on my part -- but informed speculation.

Originally posted by nat
Could you clarify your statement "Since the I-485 has to be intitally processed before issuance of an EAD"

as I have an EAD without having applied for I485 yet.

Originally posted by speedyvespa
https://egov.immigration.gov/graphic...ocesstimes.jsp

But Adiastar was authorized today with a receipt date of 10/10/03, whereas mine is 09/30/03... so I'm entirely befuddled now.



Oh happy news...!

I applied for my SSN shortly after arriving here, so presumably when my EAD is approved, they will send it - or will I have to apply again/give them a nudge, I wonder.

- Mark

Is just it me, or does the fact that someone is worse off than me make me feel bad?

Originally posted by Folinskyinla
Hi:

This HAS been mentioned from time to time -- by yours truly. In fact, it is an FAQ.

There are two components to the employmer sanctions law: employment of "unauthorized aliens" and the paperwork provisions.

All K's are authorized to work "incident to status." However, the defintion has a provision "as evidenced by an employment authorization document"

As such, an K working can't be penalized. Nor can the employer be sanctioned for hiring an unauthorized alien.

However, there is also a separate paperwork provision imposed on the employer. Without seeing the proper documentation, they CAN be sanctioned for this. However, the penalty is nominal and these days is rarely imposed. However, one time, Disneyland in Anaheim was reportedly hit with $400,000 in paperwork sanctions even thhough they had no unauthorized aliens. [This was reported as a news item but had never been acknowledged by Disney -- I, in no way vouch for the veracity of this report].

To complicate matters, asylees & refugees are also authorized incident to status as evidenced by an EAD. But they also can get an unrestricted social security card. The former INS has noted that, as a practical matter, asylees/refugees legally are required to have an EAD in order to work but that neither the employer nor the alien can be penalized for use of the picture ID and the unrestricted social security card to fill out the I-9.

Further complication -- the "authorized alien" language in 8 CFR 274a.12(a) was updated in 2001 to add subsection (a)(8) to cover K-3/4's. Howver, the concomitant provisions in 8 CFR 274a.13(a) regarding the EAD application process was NOT updated to conform.

Bottom line: K's are "authorized alien" who can work without penalty. An employer will not be sanctioned the large fine for employing an "unauthorized alien." However, they CAN be nicked for not complying with the paperwork.

BTW, how does this explain what NBC is doing with I-765's -- in the employment based arena, the Service Centers are backlogged on 765's -- and then we go to local district for interim EAD issuance on day 91 -- which bugs the Districts no end and makes them mad at service center.