yorkieuk

Hi everyone,

I just have a quick q. I'm entering the US on June 15th on a K1 and am flying into Chicago.

My future mother in law has just emailed me saying a job has just opened up in a field I am qualified in and could I send them my resume asap.

My first thoughts are that becasue I'm not entering through JFK, I will not have the work Authorization stamp so therefore cannot work legally untill I have submitted my AOS stuff and received my EAD. If we get married in july and I send the stuff off asap it would still be October before 3 could work by my estimates.

I am worried about the job situation over in the US at the moment and as my fiancé is in college it would help a lot financially if I could work asap. I already have a SS number from my J1 in the summer.

Does anyone know if the K1 in itself enables one to work for 90 days or do you have to go through JFK to activate this?

I really don't want to start my future in the US by working illegally so I will not take the job unless I am legally able to do so, i'm just hoping someone knows if I can work without having to go through JFK!!

Thanks

Sophie

Noorah101

Hi Sophie,

The K-1 carries with it, the ability to work for the first 90 days in the USA. However, unless you come through JFK and get the temp EAD stamp, you will have no way of proving your work authorization to an employer.

Do a google search for "I-9". That is the hiring document an employer must have each applicant fill out. Take a look at the acceptable hiring documents. If you don't have the right combination of documents on that list, you can't get hired. Make sure you find the most recent version of the I-9, it was recently updated.

Rene

MrEmjoy

Does having the SS number help? I've seen this a few times recently but not seen an answer.

Noorah101

Having the SSN already is no help for his work authorization, unless the SS card is unrestricted (does not have the "for work only with DHS authorization" on it), AND the OP has a State photo ID or driver's license. If he has those 2 items in his possesion, he qualifies on the I-9.

Having the SS ahead of time is just more convenient, since he can skip the process of applying for one.

Rene

MrEmjoy

Thank you!

crg

The I-9 is supposed to verify someone's eligibility, but it's not perfect.

It's possible to have the documents needed for an I-9 and still be in violation of the law if you actually fill it out and sign it.

Some people have social security cards without the endorsement issued years ago and still can't lawfully work.

It's not what the social security card looks like that matters, it's whether or not the person actually has authorization to work.

jeffreyhy

Agreed. The notation on the SS card is not a restriction, and lack of the notation does not mean "unrestricted".

The notation is a caution to employers that more is needed. Even without the notation, in the right circumstances more may still be needed.

Regards, JEff

Noorah101

True. Thanks for the clarification.

Rene

yorkieuk

Hi,

I've just checked my SS card and if has the DHS authorization blurb on it. So it looks like unless I go through JFK I can't work.

One thought though, the job I have been offered is teaching at a local college. I assume the position has an August start date due to the academic year beginning in August. Could I technically do the job but on a volunteer basis i.e not receive any remuneration, until I had my EAD?

Just wondering because I would rather do a job for free for a couple of months and know that as soon as I got my EAD I would be employed than try and find another job once I had the EAD....it would also give me something to do!

Sophie

Noorah101

Unfortunately, no. You won't be allowed to do any volunteer work unless that particilar job IS ONLY a volunteer job....such as at a soup kitchen or doing volunteer work for a non-profit agency which only hires volunteers.

You would not be allowed to do any volunteer work for which someone would normally get paid.

Rene

yorkieuk

Thanks Rene,

Oh well, it was worth a try!

Apart from JFK is there any other POE that anyone is aware of that does the temp EAD?

I bought my ticket to O'Hare in the Virgin Atlantic Sale so if I want to change it to NY I have to pay loads plus then buy a separate ticket to O'Hare

Sophie

Noorah101

Over the years of hearing about the various POE experiences, it seems that JFK is the one and only remaining POE that gives out the temp EAD stamp. And the grapevine says even that will be changing in due time...so that none of the POE's will give out the temp EAD stamp anymore.

Rene

meauxna

I just checked a few POE entries at another site and JFK was giving the EAD stamp to a K-1er as recently as April, but no fresh news.

The new I-9 has left us just as in mystery as before.

What you first need to be clear on is that K-1s are not authorized to work without DHS permission, in the form of an Employment Authorization Document "issued by the Department of Homeland Security". The stamp that a K-1 gets on an I-94 card could fit that bill.
That plus an acceptable ID document (passport) should satisfy the I-9. The Employer's Handbook does not clarify it any further.

Without the stamp, a K-1 absolutely may not work.
The stamp can only be valid for the 90 days of the K-1 admission.

http://www.uscis.gov/files/form/i-9.pdf
http://www.uscis.gov/files/nativedocuments/m-274.pdf

yorkieuk

Thank you both,

I guess it just means I will be unemployed for a while. Oh well!

I just find it peculiar that JFK is the only POE that gives them out.

Might write to the immigration ombudsman and claim discrimination against future midwesterners

meauxna

The result of that might be no POE stamps for any K-1s.

Personally I don't think they are supposed to be giving them out at all. K-1s may *apply* for an EAD based on their status (which is what the SSA memo refers to) but since EADs take 90 days to process, that application would clearly go nowhere.
Other POEs stopped giving the K-1 EAD stamp before we even started our process, so this has been 'normal' since at least 2001.

The K-1 is simply not intended as a visa that you can start working on immediately. I realize that isn't keeping with modern use of the visa, but it was written in the early 70s IIRC.