mcjimbo

Hi all,

I was just thinking about this work stamp then freaked. Do they issue them on weekends as well as week days? I arrive at JFK this Saturday and was thinking the office that does them might not be open over the weekend??

I hope this is not the case can someone reassure me. Because I have an interview for a job the week I arrive.

Cheers

James

MrDub

James,
I believe so. I have had a look at POE experiences for JFK.

http://www.k1poelist.com/k1poelist.cgi

One person arrived into JFK on 12th of October 2003 (Sunday) another on 22nd March 2003 (Saturday) and a stamp was issued in both cases.

Rete

There is no separate office that does them as you are thinking. It is done or not done by the same agent that takes your passport and brown envelope in secondary.

Please do yourself a favor and don't count on working for a while. Would be nice but I can see you setting yourself up for a fall.

Rete

Sarah

Hi James!
I hope your POE at JFK is quick and successful.
My POE was at JFK when I moved over on 30th March and I felt VERY intimidated by the officials there. I was so scared that I daren't even ask about the EAD stamp and was just relieved to get out of the room they sent me to. Where I was sweating and palpitating with a load of would-be asylum seekers whilst a lot of rude officials looked at me as though I was scum. I ran out of there as soon as I could!
However upon checking my passport they had stamped it with the EAD even without me asking. They stamp it underneath that little piece of white paper they attach to a page in your passport, the I-94 record.
Glad to hear that you have at last been successful with the K1 after such a long time!
GOOD LUCK!!

Sarah

Bluegrass Lass

Hope you are just doing a short term contract job, because you and your potential company absolutely should not count on you having your 1yr work permit before the 90 day stamp expires. Especially given that you are not getting married until 3 weeks after you enter the US. Even if you file the EAD and AOS the Monday after your wedding, it is highly unlikely that you would get the 1yr within the 60 days or so before the temp one expires.

Do you have a SSN? Without one, I don't think you can work either, even if you have the temp EAD.

Oh, and I hope your potential company will let you off for your honeymoon. Most companies here aren't too willing to give a new employee time off almost as soon as they hire them.

Good luck and hope you have a safe flight!
Cheers
Jamie

Mattias Hembruch

In article <[email protected]>,
sunflwrgrl13 <member16206@british_expats.com> wrote:
    >Hope you are just doing a short term contract job, because you and your
    >potential company absolutely should not count on you having your 1yr
    >work permit before the 90 day stamp expires. Especially given that you
    >are not getting married until 3 weeks after you enter the US. Even if
    >you file the EAD and AOS the Monday after your wedding, it is highly
    >unlikely that you would get the 1yr within the 60 days or so before the
    >temp one expires.

Does the temp EAD continue for 60 days, even after marrying?

Mattias

MrDub

Clearing up the rumours....



*******POINT 1. - EAD******

I"NA: ACT 274A - UNLAWFUL EMPLOYMENT OF ALIENS
Sec. 274A. [8 U.S.C. 1324a]

(a) Making Employment of Unauthorized Aliens Unlawful.-

(1) In general.-It is unlawful for a person or other entity-

(A) to hire, or to recruit or refer FOR A FEE, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment"

From this extract of EAD rules. It implies you can work but not get paid. Therefor if the EAD does not arrive in time and you are stuck waiting for an interm EAD you are allowed to work but would just have to arrange with your employer not to get paid for the few weeks you are without an EAD. Maybe one could arrange a mid year "bonus" to compensate the few weeks without pay.


****POINT 2 Social Security number******

Extract from social security goverment link (www.ssa.gov)

"I applied for a Social Security card today. What do I tell my employer?
If you received a receipt from the Social Security Administration when you applied for a Social Security card, you should show it to your employer. In lieu of a receipt, your employer may ask for some identifying information such as your name, address, date of birth, sex and parents' name.

You should immediately tell your employer your correct Social Security number once you receive it. It is your employer’s responsibility to correctly record your Social Security number on their payroll records."

Therefor you are allowed to work once you can show you have applied for social security number. I have travelled to the US on a J1 visa numerous times with friends whilst I was in uni. In every case the employer allowed the first time foreign employee to work (and get paid) once proof was shown that he/she applied for the number.

Folinskyinla

Hi:

You misinterpret the reference to "for a fee." It refers to third party employment agencies or temp agencies being used to dodge liability. This was discussed back in 1987 when these regulations came into being -- especially since an employer has three days after hire to complete the I-9 process.

The funny thing about the employer sanctions regulations is that they are largely unenforced.

BTW, a K-1 is authorized employment "incident to status." The alien cannot be penalized for working during the first 90 days and the employer cannot be punished for hiring an "unauthorized alien." However, there will be a "paperwork" violation and the employer can be fined for that. However, the paperwork violation fines are de minimis in contrast to the hiring sanctions. Go figure.

MrDub

You say "The funny thing about the employer sanctions regulations is that they are largely unenforced..". Does this mean in your experience the companies are generally willing to let a couple/few weeks inbetween EAD's to pass and do not layoff the employee ?

Mattias Hembruch

In article <[email protected]>,
Folinskyinla <member4043@british_expats.com> wrote:

[cut]

    >Hi:
    >You misinterpret the reference to "for a fee." It
    >refers to third party employment agencies or temp agencies being used to
    >dodge liability. This was discussed back in 1987 when these regulations
    >came into being -- especially since an employer has three days after
    >hire to complete the I-9 process.
    >The funny thing about the employer
    >sanctions regulations is that they are largely unenforced.
    >BTW, a K-1
    >is authorized employment "incident to status." The alien cannot be
    >penalized for working during the first 90 days and the employer cannot
    >be punished for hiring an "unauthorized alien." However, there will be
    >a "paperwork" violation and the employer can be fined for that.
    >However, the paperwork violation fines are de minimis in contrast to the
    >hiring sanctions. Go figure.

Hmm. Sounds interesting. So, a K-1 person CAN work, especially for an
out-of-country employer? Given that the employer is out-of-country, can
there be paperwork violation(s)?

Also, when does the authorized employment "incident to status" end? After 90
days, or after applying for AOS?

Can you give me the name of someone to speak to regarding this issue? I AM
willing to pay to speak to a real person who KNOWS what they're talking
about.

Thanks,
Mattias