Irishguy

Hi,

i arrived in the US on a K-1 visa in november. My fiance and I married immediately
and I filed for AOS, EAD and Advance Parole in early December. However, by all
accounts things are moving quiet slowly in Seattle INS and I have become resigned to
waiting the full 90 days for an EAD. this means that it will be March by the time I
can accept employment. However, there are a couple of jobs advertised that I am
really interested in. Am I allowed to send out a resume for these positions? Am I
allowed to interview?

I expect most companies will want proof of employment eligibility at some point.
Is it likely that i can produce evidence indicating I will be available to work
in March? It is frustrating sitting by and waiting just to be allowed begin a
job search.

Also, regarding privacy issues when applying for jobs. I believe it is illegal for
companies to ask about one's marital status or country of origin. However, it seems
unavoidable in these circumstances. Has anyone had problems with this in the past?
Any advice to offer?

I'd appreciate any help you can give,

Take care,

Si

Rete

YOu can job search if you want. Your entry on a K-1 gave you the right to work for the 90 days the K-1 is good for. As for whether or not a prespectiove employer can ask marital status or country of origin suppose that is illegal. As a USC and a woman I could never understand what the problem was with asking those questions. Hell you will at least put the marital answer done when you fill out forms.

Skaternl

Yes, you can APPLY for jobs. YES you can go on interview. But.......... NO you can
not work. You can't sign a contract or anything until you have your EAD (the company
has to let you fill out some forms from the feds and those you can't sign).

I get my EAD this week (Chicago) and till now I've send out about 25 applications. No
interviews yet. And that's all okay. As long as you don't accept the job. You can go
on an interview and TRY to let them wait till you get a EAD. But I don't think a lot
of companies are willing to wait. Unless you are REALLLLLLLLY GOOD in the work you
are applying for. So, if you can get a company really interested in you (in this hard
and rough time, cause America is in recession, in case you didn't know that yet).

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EEA and EOE means, companies are not ALLOWED to ask those kind of questions no. But
the problem is, it really shows on your resume (unless you don't write down the
places where you worked and attended school, but hey, then your resume is not worth
anything). But till now I didn't have any problems with that. If you are from a
respectable country, most companies are gonna love you. Because Americans do like
foreigners with international experience. Only problem, it's a thight market right
now. So I don't really now how the selections on resumes are really going right now.
They don't really tell WHY they reject you (I got 2 rejections till now and non of
them stated WHY the rejected
me). Though I sill have about 23 applications pending And of course I keep on
going. You can always become cartpusher at Walmart or pizza delivery boy Unless
you wanna earn more then 5.15 a hour of course
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Good luck with finding a job. We're in the same ship

Bye, Daniel

Skaternl

Wait a second.......... Don't you need a temp 90 day employment stamp???? ONLY the
K-1 doesn't give you the right to work......... RIGHT?

I'm not THAT good in the INS law, but I've been there, done that. So that would give
me some practical knowledge

Bye,

Daniel and Stephanie

Rete <[email protected]>
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Irishguy

Rete <[email protected]>
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I'm confused. I was under the impression that once i got married I was no longer
allowed use my point of entry stamp in order to work. I thought that once married I
had to wait until an EAD was issued. I've heard so many different things.

So is this correct: with a stamp on my I-94 saying employment authorised i am allowed
work until the date shown regardless of my marriage. And that then I will only be
unable to work from that experation date until the EAD is issued???

I'd really appreciate if someone could set me straight on this one and provide some
legal talk that I can give to employers.

thanks so much,

confused irish man...

Jim Stumbo

Yes that is how it works. You can work for 90 days with the stamp. You cant work from
the time the stamp expires to the time you get the EAD. That is why they suggest
getting married as soon as possible if you plan to work. That way you may have the
EAD before your 90 expires and not have any gap.

"irishGuy" <[email protected]>
[usenetquote2]> > YOu can job search if you want. Your entry on a K-1 gave you the right to work[/usenetquote2]
[usenetquote2]> > for the 90 days the K-1 is good for. As for whether or not a prespectiove[/usenetquote2]
[usenetquote2]> > employer can ask marital status or country of origin suppose that is illegal. As[/usenetquote2]
[usenetquote2]> > a USC and a woman I could never understand what the problem was with asking those[/usenetquote2]
[usenetquote2]> > questions. Hell you will at least put the marital answer done when you fill out[/usenetquote2]
[usenetquote2]> > forms.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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Rita

[email protected] (SKaTeRNL)
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NOT true. You can work with only the K-1 in your passport. You do not need the stamp
and/or 90 day EAD card. The problem is convincing the employer that this is legal.
INS has said you don't need the stamp and/or card for that time period. But employers
are hesitant to employ without visual proof.

As for interviewing there are those here on the NG that would take exception to what
you said. They would say to interview without one having the right to accept
employment is against INS rules and regulations. They would point out that to do so
is in violation of the VWP and/or tourist visas.

Just a thought on that issue.

Rete

Rete

What made you think that once you were married that the ability to work based on the K-1 was negated? No you are able to work for the full 90 days and then the continuation of one's ability to work is based on the one year EAD you received when you applied for it based on your adjustment of status application.

To reiterate what I said, you can work with only the K-1. The crux of the matter is that employers don't know this fact and won't accept you for employment based on only having this visa in your passport. The right to work on just this visa has been reported by people who got it straight from the horse's mouth (INS).

Rita

Ben Johnson

A K-1 holder is authorized to work merely by holding a K-1. They are authorized to
work incident to their status.

The problem is that not many employers know this, and require an EAD.

Your pratical experience is no doubt, based on you dealing with employers that did
not know this.

"SKaTeRNL" <[email protected]>
[usenetquote2]> > YOu can job search if you want. Your entry on a K-1 gave you the right to work[/usenetquote2]
[usenetquote2]> > for the 90 days the K-1 is good for. As for whether or not a prespectiove[/usenetquote2]
[usenetquote2]> > employer can ask marital status or country of origin suppose that is illegal. As[/usenetquote2]
[usenetquote2]> > a USC and a woman I could never understand what the problem was with asking those[/usenetquote2]
[usenetquote2]> > questions. Hell you will at least put the marital answer done when you fill out[/usenetquote2]
[usenetquote2]> > forms.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]