eddiewww

Thanks for all the replies...

Clearly, I do not wish to break any laws or conditions and knew there were restrictions and I had been told that absolutely NO work was possible even during the 90 days, so it's good to know that I can at least get another couple of months income. However, looking through the USCIS website today, it confirms the ability to work for 90 days, but also says that if I apply for my green card on form I-485 along with my EAD on form I-765 I can work up to 1 year +???



USCIS info


https://www.uscis.gov/family/family-...es-us-citizens

Noorah101

They are referring to the EAD you apply for as part of the AOS package. That EAD will be valid for 1 year.

Rene

Rete

And is renewable if your adjustment of status has not been adjudicated by that time.

Wirksworth

BenK91

Jesus Christ... No... I don't get why people are so confused. It is clearly stated you can work from day 1 to day 90.

As per my post above, I mentioned to my IO at my AOS that I worked for 89 days upon my entry into the US. Funnily enough I haven't been deported or had any USCIS/legal repercussions.

This thread should be closed, it's just getting more convoluted. To reiterate for the 50th time: you *CAN* work from Day 1 to Day 90 however *AFTER* 90 days, you will no longer be eligible to work and will not be eligible to work until you have your EAD.

S Folinsky

I'm not at all surprised that OP has gotten conflicting advice. Although I am retired I still participate in immigration lawyer chat boards and groups. The fact scenario posed by OP has been and still is a common bone of contention.

Personally, I'm not at all sure what my advice would be if I was still in practice.

Nutmegger

Glad I'm not paying you for this advice, then!

BenK91

Another in the growing list of incredibly cryptic and completely pointless additions to a thread by yourself.

Wirksworth

Well - a call to USCIS has confirmed that the K1 Visa does not come with automatic 90 day permission to work - working within the first 90 days requires an EAD and it is doubtful if once applied for that it will arrive in the 90 days of the K1 validity. The advice was to file for EAD at the time time as AOS post marriage.

Noorah101

Interesting.

Rene

Rete

I'm not 100% sure that that is the wording that the phone operators at the 1-800-misinformation used when they answered your work eligibility question. The K-1 does come with the automatic 90 work permission. If it didn't, you wouldn't be eligible to apply for the EAD which is only the physical proof of that right. That EAD is good for only 90 days ... from the date you entered on the K-1 visa until its expiration date stamped in your passport at the POE. What they might have said, or implied, is that you will not physical proof of the right to work. The K-1 visa recipient, upon enter to the US, was once given the actual 90 day EAD at the time of entry. Then when they removed the machines from the POE that made the card, your passport was stamped with the language stating you are eligible to work for 90 days until xx/xx/xxxx the expiration date stamped in your passport. My husband has been there, done that, and lived to tell the tale.

The problem is that the rules and/or regulations have not changed but that the adherence at the POE of the regulation is not applied. You can work; you just have no paper proof that other than your passport and the K-1 visa.

Rete

Here is the actual statement on the work authorization on the USCIS website: Note, it states your fiancee may immediately apply for EVIDENCE. If you didn't have the right to work, why would you need evidence???????

Wirksworth

Thanks, the wording was exactly as told to me by the USCIS person I spoke to - he went through a check list then went and got clarification/ checked with someone else - I even read back to him what is above and he agreed it was ambiguous BUT you do need EAD before working in the 90 days .

Noorah101

I still don't believe you need the actual EAD in hand in order to work for the UK company. But that's just me.

Rene

S Folinsky

Be nice.

There is nothig at all "cryptic" about it. His question is a bone of contention among experienced and knowledable immigration attorneys. I really don't know who is right.