learners_den

We though me and my American fiancee got very lucky as our k1 petition was approved within 6 months... well we still feel lucky about that but I now have a very wonderful job offer which is a dream come true. The only issue is that they would want me to start immediately.. and the USCIS processing time takes about 60-90 days for the application to be processed. The company is also willing to sponsor an L1 for me..

I have heard that when entering on a K1 you are allowed to work. Is there any specific document required for this? if not then how will the company file the I9? or will the US embassy consider converting the K to L or provide work authorization as a special case?

The priority is to start a new life and be with my family however in the current scenario this job will make things very easy for us...

Would appreciate advice on this issue and any way to expedite the work authorization proceedings!

meauxna

You can certainly ask about the L-1--find out their timeframe and how serious they are. This IS a company you've already worked for for one year+, right?

There is no converting.. you will interview for one visa or the other based on the background paperwork, so if you go for the L, you'll have the petitioning process etc to go through again (just much shorter).

Where are you now, and where in the process. IE, your I-129f was approved.. when? What have you done toward your K visa application so far?

The work authorization thing is convoluted, I'll try to explain.

The K-1 bearer is eligible to apply for a work permit. They can do this during their first 90 days in the US (the duration of their K-1 status). This application takes 90+ days to satisfy, making it virtually useless.

However, K-1s who enter through JFK airport routinely get an employment authorization stamp on their I-94. IF you get the stamp, you are legal to work for that first 90 days.

During that same 90 days, you need to get married and ideally apply for your AOS/Adjustment of Status. When you apply for AOS, you can also apply for a work permit based on the AOS.. that's the full one year work permit (work permit, EAD, Employment Authorization Document.. all of these mean the same thing when I'm writing).
Again, this EAD will take 90+ days to show up, so there is bound to be some amount of gap where you are not authorized to work. What you choose to do about that is up to your company, really.

learners_den

Thank you so much for the reply. Iam currently in India and have been working for this company for the last 5 yrs.. no problems with their interest in hiring me. We are done with the k process and am planning to arrive in US around May 6th. The visa was approved somewhere in Feb.

About entering from JFK. Is the work authorization stamp given by them honoured by the employers based on the recently changed I-9 guidelines ? Also, what about the other POE's ? do they also give this stamp? We are going on a short vacation before entering US due to travel restrictions post the entry and would be using San Juan as our entry point (I think!) but if the JFK is more suitable we can definitely get than changed.

Noorah101

meauxna answered your other thread, but yes, JFK is the only POE that I know of which issues the temp EAD stamp. So if you need or want to work right away, that should be your only POE choice by air.

As for the I-9, I'd have to look at one. You can also do a search on google for I-9, read the form and see what documents are acceptable for getting hired.

Your company will probably hire you without your SSN, but you'll need to apply for that about 10 days after your arrival in the USA. Takes a few weeks to get the card in the mail, I'm sure your employer will need to see this once you have it in hand.

Going for the L-1 could be an option, but it will mean either postponing your entry to the USA while you wait to get the L-1 visa, or abandoning your status in the USA and returning to your home country to get the L-1 visa afterwards. Either way, you'd still have to AOS in the USA from either the L-1 or the K-1, so it looks pretty even to me.

Best Wishes,
Rene

meauxna

Oh, I see.. congratulations on your K-1 success.

JFK is the only POE that reliably gives the stamp; I would not recommend making a trip where you are *relying* on getting it elsewhere. Even going thru JFK, make sure that you ask if they don't give you the stamp. It's a red, sometimes smudgy stamp that doesn't look like much 'official'.

Please see the last item on page 36 of http://www.uscis.gov/files/nativedocuments/m-274.pdf the Employer's Handbook.

The surest way to find out about the I-9 is to ask your employers what they have to say about it. I do think you need to know the answer ahead of time, but it would be good to see if there is a problem to begin with.

On its face, the EAD stamp on the I-94 seems to meet the requirements for I-9, and I haven't read of anyone having a problem with it.

learners_den

Thanks.. this sounds very motivating! Just one more question though. The authorization stamp will be valid for 90 days.. right? what if we get married during this time and apply for AOS and EAD. Does that make the authorization null and void? or would i still be legally authorized to work

Basically does the change in status.. make the authorization invalid? Also if we get married immediately we might receive the actual EAD before 90 days... but what if there is a delay? would I have to quit for that small period?

Noorah101

The temp EAD stamp is valid for 90 days, correct. Getting married and applying for AOS does not invalidate that stamp. You still have the work authorization for the full 90 days.

It's highly unlikely you will get the 1-year EAD before the temp EAD expires. You'd basically have to get married on Day 1 and mail off the AOS paperwork on Day 2 after your entry here, and with all the paperwork that's involved, that's unlikely. Majority of people experience a gap in work authorization. How that's handled is up to your employer. If you continue working during the unauthorized gap, USCIS will forgive it. If your employer is caught having an unauthorized worker, he can get fined, so your employer might want to give you an unpaid leave of absence during that time. Or, if you have built up any vacation time, use that. One person I know got laid off during that time, but was re-hired again when the EAD came through.

Best Wishes,
Rene

Rete

To add to the excellent information you have already been given, if you chose to go the L route instead of the K-1 route, once you and your fiancee are married and you are ready to apply for adjustment of status you will then need to add the I-130 to your pile of documents and you will need a complete new medical done in the US by a USCIS approved doctor. The medical you had in India will not be usable for the AOS.

As far as I know there is no new I-9. It is still the one that has been around for years.

Noorah101

Several months ago, a newer version of the I-9 was published. Same basic information, but the list of acceptable documents has changed slightly.

Rene

Rete

Here goes:

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

What has changed?

Noorah101

I don't recall off the top of my head exactly, something in List A, I think. I'd have to look at an older one now. Monday when I get to work I'll compare.

Rene

Just Jenney

I just thought I'd chime in and mention that the OP will need to obtain a SSN as well as work authorization. I know that technically he could get this after he starts working, if the employer's ok with that, but no one's brought it up and I'm not sure if the OP's aware of it.

~ Jenney

ian-mstm

I've attached both the old and new I-9s. The differences is in the list of acceptable documents.

Ian

Rete

According to the I-9 instructions:

Providing the SSN is volunatry except for employees ired by emloyers participating in the USCIS Electronic Employment Eligibility Vertification program.

Rete

they have removed nos. 2, 3, 6, 8, 9 from Column A