MFS

Hi,

I just moved to NY with K1 visa and I am going to file my AOS and EAD applications together and I was wondering with respect to the question number 16 in I-765 form (EAD), which category is more appropriate for me? I guess I have two options; one is the K1 category[ (a)(6) category] and the other option is EAD applicants who have filed for adjustment of Status(or filing at the same time) [ (c) (9) category]. My problem with the first one is that EAD cannot be renewed but I am not 100% sure that I am eligible for the other category. I appreciate anyone's help in advance.

Thanks,
MFS.

Rete

You are correct ... your 90 day EAD is not renewable.

The code is (c)(9) since it is the first EAD.

Rete

MFS

Thanks a lot,

I am a little confused!! Is there any EAD card for the first 90 days? I had assumed that I am not allowed to work for first 3 months( in NY area) after I apply for AOS and EAD together. Is that right? By the way I could apply for my SSN and they said I will receive it in 3 weeks but still I don't know does this mean that I can work with that card or I should apply for EAD and wait for 3 months?!!

thanks again,

Rete

The K-1 can work incident to status. Years back one received an EAD Card good for 90 days. That is the (a)(6) category you mentioned. One would either get the 90 day card at the POE or complete I-765 marking it (a)(6) and file in person at the local USCIS (then INS) office and walk out with a 90 day card. Not today, however. If you are using JFK as a POE, you might have gotten the right to work stamp good for 90 days but not the card.

But to answer your question, yes, you have the right to work as long as the K-1 is valid BUT and there is always a but ... an employer will want proof of your right to work and without the stamp and/or card, forget about it.

Rete

MFS

I couldn't get the stamp at Toronto Airport!! and as the officer told me there I cannot work until I get the work permit. Now that I am filing the AOS I guess the best option is to apply for EAD with the category that you cofirmed [ (c) (9) ]. I wish I was able to work but considering what the officer told me at the airport I am a bit concerned!

jeffreyhy

MFS,

The officer at the Toronto Airport was correct. A K1 is employment authorized incident to status, as Rete told you, and this is sufficient for the SSA to give you a SS card. However, an employer cannot hire you solely on the basis that you are authorized, an emplyer must see an EAD. This could take the form of an I-94 or passport with the 'Employment Authorized' stamp, but an I-94 or passport showing only that you entered as a K1 is not an EAD.

See BCIS Form I-9.