Tracym

Sounds like K-1's still can get temp EAD stamp - I found a thread over here...

http://www.visajourney.com/forums/lo...hp/t99262.html

Sounded like they were even saying Detroit might do it (!?).

Of course, I have more faith in this forum - does anyone know if JFK is still likely to do this?

It's a big hassle to fly Keith through there, but we will if he can get the stamp - he's rather eager to do something, even if it's volunteering.

ian-mstm

AFAIK, JFK is the only airport to still give the 90-day authorization. Detroit might do it... but I just don't remember anyone posting who has actually gone through Detroit. The post mentions "border crossing", so I'm guessing they came across the Ambassador Bridge (or through the tunnel) from Windsor, Ontario. I just don't think we have any valid information from people who have actually done that.

From personal experience, I got the 90-day authorization when I crossed from St. Stephen, NB to Calais, ME. Of course, that was quite some time ago now... not sure if they still do it.

Ian

Tracym

Thanks!

Detroit was just curiousity - I think we're going to send him through JFK.

It's a lot more hassle and flights and though - so we don't want to bother unless he has a chance of getting the stamp.

Sorry - are you saying you've heard of the stamps still being issued at JFK recently?

ian-mstm

I was going to add a bit to my last post, but this is just as good a place as any. When I came to the US, I was unemployed for 4 months... so even the 90-day authorization was pretty much useless to me. Mind you, we live in a somewhat rural area... so I'm guessing job opportunities are more abundant in Chicago! That said, if you get married ASAP and apply for adjustment, he should have his 1-year EAD within a few months. Regardless of the job opps available, it'll take him that long to prepare his resume/CV, apply, go for interviews, and do all that other stuff before he's even offered a position... and that all takes time. I'll also note that he won't likely have local references... something that I found difficult to get past until I'd been in the area for a while - and I was well educated and well-qualified for those positions for which I did apply.

There's part of me that thinks you might be going to a lot of trouble to route him through JFK just to get him a 90-day stamp that may not really help him for those first 90 days!


In an effort to be precise, I've read that other people have heard this!

Ian

Tracym

Thanks Ian.

He does have a local reference thankfully - and is a veterinarian. He's been told getting a job shouldn't be hard in this area - I guess we'll find out.

But even if he doesn't get a job right away, the temp EAD would allow him to volunteer (animal shelters or some such) and get some experience.

So if we can manage it, we'd like the option.

meauxna

He doesn't need the EAD stamp for volunteering...

But, reports remain current on JFK supplying the stamp. There are odd land borders here and there, and maybe an airport every once in a while.. or even for the very dedicated/lucky, a District Office that will give an entering K-1 the EAD stamp, but JFK airport seems to be unique.
I know of people who have come from Australia --CA and routed through there to get The Stamp, or Mexico to CA, but via NYC.. I hope it is worth it.

Tracym

I believe that to volunteer for a job for which people normally are paid (like a vet), one must be work authorised.

But in any case, sounds like we should route through there to keep options open.

Thanks

Eric S

I personally don't think it's worth it to spend too much effort arranging your travel plans to make JFK their POE, just to get the temporary work authorization stamp.

The problem is that the POE stamp is only good for 90 days. After that, you are no longer authorized to work until you get another work authorization (EAD card). And you can only apply for the EAD after you get married (you apply along with AOS). Since it takes a few months to get the EAD, it's
likely that your 90 day stamp will expire before your new EAD arrives. You'd therefore have to stop working, if you had already found a job.

If you really need to start working as soon as possible, I think the best thing to do is just get married and file for AOS and EAD as soon as possible after arriving.

- Eric S.

meauxna

Why would someone volunteer for a job they'd normally get paid for.. ? I think I missed something there.

Oh, btw, good news on the cake! The one you chose is gorgeous.. can't wait to see the result!

Tracym

Thanks! I hope my version of the cake will be gorgeous - I'm never done a fancy cake. But I'm gonna give it a try!

re. volunteering - Keith is a new graduate - so while waiting to find actual employment, it wouldn't be unheard of to volunteer a bit at a shelter or something, just to gain some experience and a good reference.

But I believe, with the laws re work permits, since they normally pay their vets, it could be a problem without a temp EAD.

ian-mstm

This twigged a thought! I understand what you're driving at here... but remember that on a K-1, he *is* work authorized from day one. Whether he gets the stamp or not he maintains the authorization incident to his status. The stamp is merely proof of that status, not the status itself. While it might not be acceptable for employment purposes, it shouldn't be a problem if he is only volunteering during those first 90 days.

Ian

Tracym

That's what I thought.

But someone here said on another thread that I was wrong - that the stamp was the temp EAD and he was NOT authorised without the stamp.

http://britishexpats.com/forum/showp...7&postcount=17

...confused

If he were to find a job he liked, he'd probably take it. But if not, he could volunteer in the meantime.

ian-mstm

Well, it took a bit of digging around, but it seems that Meauxna was right and I was not! While I distinctly remember Mr. Folinsky indicating that the K-1 was work authorized incident to status, according to 8 CFR § 274a, the K-1 is authorized to work for the duration of status *with* an EAD.

"(6) An alien admitted to the United States as a nonimmigrant fiance or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service"

Well, I'm gobsmacked! My mistake, sorry!

Ian

Tracym

No problem - glad to know for sure. I really appreciate your researching it.

Off to JFK he goes, with fingers crossed.

Noorah101

I always thought a K-1 holder was automatically work authorized (for the first 90 days after entry) just by virtue of holding a K-1 visa. The temp EAD would just be evidence of that work authorization.

Of course I could be wrong!

Rene