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Working on a K1

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Old Jan 21st 2010, 9:39 am
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Default Working on a K1

I arrived in NYC on January 6th with my K1 visa, flew into JFK and received the temporary EAD stamp. Our wedding is February 4th and i'll be adjusting status as soon as possible after that.

I was wondering whether I am still authorised to work while I adjust my status? Does that EAD stamp from JFK last 90 days or just until I file AOS?

Thanks to everyone who contributes to this site, i've been a long time lurker and will post my K1 story as soon as I feel a bit more settled!
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Old Jan 21st 2010, 9:45 am
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Default Re: Working on a K1

Originally Posted by MikeH82
I arrived in NYC on January 6th with my K1 visa, flew into JFK and received the temporary EAD stamp. Our wedding is February 4th and i'll be adjusting status as soon as possible after that.

I was wondering whether I am still authorised to work while I adjust my status? Does that EAD stamp from JFK last 90 days or just until I file AOS?

Thanks to everyone who contributes to this site, i've been a long time lurker and will post my K1 story as soon as I feel a bit more settled!
The stamp from JFK lasts a full 90 days, even if you've applied to adjust status.

Be aware that if you do get employed, there will probably be a gap between the expiration of the JFK stamp and the time you receive the 1-year EAD. During that gap, you won't be work authorized.

Welcome to America!

Rene
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Old Jan 21st 2010, 9:47 am
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Default Re: Working on a K1

Thanks Rene. I thought that was the case but its always good to check with the people who know what they're talking about!
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Old Jan 21st 2010, 11:12 am
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Default Re: Working on a K1

The EAD stamp on the I-94 is no longer a valid hiring document for form I-9.
An employer should not accept it.
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Old Jan 21st 2010, 12:09 pm
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Default Re: Working on a K1

When did that change, and where does that leave me in terms of employment? I've already applied for a few jobs and don't want to get into trouble!
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Old Jan 21st 2010, 12:27 pm
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Default Re: Working on a K1

Originally Posted by MikeH82
When did that change, and where does that leave me in terms of employment? I've already applied for a few jobs and don't want to get into trouble!
I forgot about the updated I-9. You won't get in trouble, it's just that the employer won't be able to hire you until you have your 1-year EAD in hand. If the employer hires you before then, HE will be the one getting in trouble.

You can google "I-9" to see the form and the requirements.

Rene
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Old Jan 21st 2010, 12:45 pm
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Default Re: Working on a K1

MH,

Where it leaves you is up to the particular employer, as it's their responsibility to comply with the law.

Since you are adjusting status on the basis of being the spouse of a USC, if it turns out that you've been working when you were not authorized to do so it will not be held against you. You will not get into trouble.

In any case, good luck finding a job.

Regards, JEff


Originally Posted by MikeH82
When did that change, and where does that leave me in terms of employment? I've already applied for a few jobs and don't want to get into trouble!
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