mcjimbo

Hi guys,

I know a lot of you might say that I should know this, but i'm still a little confused.

Since registering my resume online with a number of IT recruitment agency's out of Illnois and Wisconsin i've been contacted by email and phone about a number of positions that I would be interested in. When I explained my situation (living in UK, awaiting K1 visa my June) most ask the question "so when can you start working?".

This is the process as I understand it, and could someone either correct me or clarify exactly how to go about this.

If lucky I fly to New York and get a temporary EAD which will last for 90 days. However this will expire when I get married? So if I say fly out to the USA on my K1 in June, and get married in July is it really worth getting it (temp EAD) the first place? Or can you continue to work on the temporary EAD until you have your AOS and obtain permanent EAD?

Does getting a Temporary EAD make it any easier to get my SSN? I have confusion because i'm sure i've read some threads that say when someones goes to get a SSN with a Temp EAD in hand they managed to get a SSN on the day, while others who haven't say they have to wait to get into the SAVE system (4-5 weeks) then apply for a SSN which can take 30-60 days.

I guess what I getting as it, I want to work straight away and need the quickest method available. I want to do whatever it takes to get work approval straight away. I'm really not comfortable with sitting on a coach watching Oprah, Dr Phil and Ricki Lake for 6 months until I get approval to work because I didn't undertake or do something that would of sped up the process.

Sorry for all the questions, and thanks in advance for you advice/answers.

Cheers

James

dave w

You can get your ssn upon arrival. You can change it to a married name if needed after you are married.

You won't be able to work until you get your ead and you can apply for that at the same time you apply for AOS or after.

They dont seem to be stamping for work permits at the POE anymore.

If you marry soon after your arrival and apply for AOS, you wont have to wait all that long to work.

mcjimbo

So what's a typical time frame of being able to work after marriage, best and worse case scenario?

dave w

If USCIS does not approve or deny your Employment Authorization Document application within 90 days, you may request an interim Employment Authorization Document. You must go to your local USCIS district office and bring with you proof of your identity and EAD application receipt.

http://www.immihelp.com/gc/aos/ead.html

MrDub

James,
I dont really understand you reluctance to get the temp EAD straight away and then apply for the perm EAD 90 days (or less in your case) down the line ?.
Surely being able to tell employers you can start straight away is the ideal option ?

mcjimbo

Yeah sort of, but i'm just wondering if I get there in June, lets say mid June with the way things are looking. I wouldn't mind a bit of time with my fiancee in the lead up to the wedding on July 10th. So I guess what I want is to be able to work right after our honeymoon which will be mid July. So I'm thinking is it worth flying to New York to get a temporary EAD for 30 days that won't be valid after im married?

MrDub

ahh okay fair enough. Why do you say you would fly to New York to get your EAD. Surely it is given at the POE (O'Hare I guess in your case) or simply though mail application for the $120 fee ?. Dont tell me they are only issued in New York !?

katesuiter1

I worked throughout the entire 90 days of my temp EAD, and I never had any problems. I also worked for temp agencies.

Kate. xxxx

mcjimbo

Actually from what i've heard New York is the only sure bet, but even that is guaranteed anymore. I've seen plenty of posts here from people who wen't through Chicago asked for one and they said they didn't issue them.

My plan was to fly to NY JFK, get my temp EAD and then fly on to Chicago or Milwaukee. However as I said there is not point doing all this unless the 90 EAD is valid after our wedding.

So I'm looking for a confirmation as opposed to if's, but's and maybes, can anyone help out?

mcjimbo

Did you marry within the 90 days? Also once you got married and did you AOS, how long was it until you got a permanent work authorisation, or whatever work authorisation they give you after the AOS?

MrDub

Hi Kate,
I notice you got your temp EAD on Jan 31st but did not get you perm EAD until mid June. So what did you have between May and mid June to allow you to work legally ? or werent you employers to bothered about the month or so inbetween ?

katina

Our case is like this: my husband got the temporary 90-day EAD at JFK on arrival in May '03, began work in June two or three days after our wedding, and LUCKILY got the 1-year EAD a week before his temporary one expired. This caused a lot of stress for us last summer! His employer told him if his temp EAD expired before he got his 1-year EAD, he'd have to stop working (and stop being paid) until he got the new one.

katina

Oh, and having the temp EAD stamp didn't matter for him with the SSN -- they said they still had to make sure he was in the SAVE system before issuing an SSN.

katesuiter1

My timeline signature gives the basic dates. Miami was accepting walk-in filing at the time I filed AOS, so I got my f/p and EAD appointment dates there and then. The lady told me that the EAD would take the full 90 days, and then gave me an appointment letter to come in to pick it up about 80 days later. Ooohhh-kaaayy!!

We married about a month and a half after my arrival, and filed for AOS a month after that. I tried to file sooner, but the hag behind the desk sent me away, as I didn't have a G325a for Corey or his birth cert. (Things we were told by the rep at the 1800 number we wouldn't need, I might add.....)

Kate. xxxxx

Eric S.

The 90-day stamp you get at POE says "valid until ......" and the date is
90 days after you enter. So I don't believe it becomes invalid as soon as
you get married. The problem is that when you apply for AOS (and EAD) after
marriage, it may take a couple of months to get the (one-year) EAD. So your
90-day stamp may expire before you get the one year card. From what I've
read, you are not work authorized in that in-between period. Of course, you
can apply for an interim EAD, which I think is good for 90 days, if you
haven't received your one year EAD within 90 days after applying for it.
But that still doesn't help you much.

Now, if you're really lucky, your local USCIS office allows walk-in AOS
application and you can get your one year EAD the same day. In that case,
you won't have any gap in work authorization. But I think they are phasing
out that ability. Check the USCIS website for local filing procedures of
your local office.

The bottom line is, you basically are taking a chance if you start working
with the 90 day stamp. Unlesss you can do walk-in AOS, it seems the only
thing you can do to decrease your chances of an authorization gap is get
married and apply for AOS as soon as possible after arriving on your K-1.

The other thing to consider here is the social security number. You can't
work without it. Theoretically, a K-1 is elligible for a SSN upon arrival.
I'm not sure, but it may be easier to get one if you have the 90-day POE
stamp. The SSN number is also handy when applying for a driver's license
and bank accounts. Some states and banks require it. It usually takes a
few weeks for your information to get from USCIS into the Social Security's
system (called SAVE). They won't issue your number until you are in their
system.

Good luck.

- Eric S.


"mcjimbo" <[email protected]> wrote in message
news:[email protected]...
    > Actually from what i've heard New York is the
    > only sure bet, but even that is guaranteed anymore. I've seen plenty of
    > posts here from people who wen't through Chicago asked for one and they
    > said they didn't issue them.
    > My plan was to fly to NY JFK, get my
    > temp EAD and then fly on to Chicago or Milwaukee. However as I said
    > there is not point doing all this unless the 90 EAD is valid after our
    > wedding.
    > So I'm looking for a confirmation as opposed to if's, but's
    > and maybes, can anyone help out?
    > --
    > James Davidson
    > Posted via http://britishexpats.com