EAD confusion
Dec 4th 2002, 1:40 pm
#1
Just Joined
Thread Starter
Joined: Dec 2002
Posts: 8
EAD confusion
Help!! I think I have made a boo-boo.
I have always understood that on entering US on K-1 visa I was entitled to work automatically and that I had 90 days to marry. Subsequent to marrying I would file for AOS and EAD and once I had filed, my status would be classified as "pending".
My understanding was that if I found work during the first 90 days, I would be able to continue working during this "pending" phase whilst awaiting the issue of my EAD.
I spoke to INS yesterday and they tell me that I would need to leave work at the end of my initial 90 day period and not re-start until the EAD is issued to me. This seems to be lunacy!!
It makes no sense that I would be able to find work in the 90 day period only to have to stop until the EAD is issued ( which I understand takes ~3 months).
Is this another case of the INS people not getting their information on the helpline correct or is it a case of a ridiculous piece of beurocracy?
Gary
I have always understood that on entering US on K-1 visa I was entitled to work automatically and that I had 90 days to marry. Subsequent to marrying I would file for AOS and EAD and once I had filed, my status would be classified as "pending".
My understanding was that if I found work during the first 90 days, I would be able to continue working during this "pending" phase whilst awaiting the issue of my EAD.
I spoke to INS yesterday and they tell me that I would need to leave work at the end of my initial 90 day period and not re-start until the EAD is issued to me. This seems to be lunacy!!
It makes no sense that I would be able to find work in the 90 day period only to have to stop until the EAD is issued ( which I understand takes ~3 months).
Is this another case of the INS people not getting their information on the helpline correct or is it a case of a ridiculous piece of beurocracy?
Gary
Dec 4th 2002, 2:44 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,392
Re: EAD confusion
Gary
Unfortunately you were told the truth. Yes it is lunacy but I will attempt to try and clarify some of the whats, whys and wherefores. One must take into account that when the K-1 was first instituted and the 90 day temporary EAD issued in conjunction with this visa, processing was a whole lot different then it is today.
History: Back then and up to around the end of '00, when you entered the POE, the majority of them "made" the EAD card there and if they didn't, you were given an authorized to work stamp. After your marriage you then filed for AOS and the one year EAD at your local INS office. The local INS offices gave this one year EAD within timelines of ~immediately upon walk in filing and up to 90 days from filing~. The 90 day mark was usually unheard of and that is why there is a rule that allows you to walk into any INS Office and "demand" an interim EAD if by the 91st day of filing you have not been issued the one year EAD.
Current Procedures/Problems: Fewer and fewer POE's issue a temporary EAD work authorized stamp. I know of none that issue the temporary EAD card. If you were unfortunate enough not to have gotten the stamp, up until about two weeks ago, some local INS offices would issue, at no charge, the temporary EAD if you walked into their offices and asked for it.
Over the last two years, local INS offices have been taking longer and longer to process the one year EAD applications. For example, NYC INS would issue the one year EAD within 67 days in '98, '99, '00. They jumped to 75-90 days in '01 and in '02 we see they jumped to 120 days.
The provision that you could go in person and "demand" the interim EAD card if not issued by the 91st day is still (or should that be was) in effect. So several NYC users have done just that during the month of November.
BUT NOW WE HAVE A NEW WRINKLE to this processing timeline. INS is no longer giving out EAD's on the spot. It appears that evey petition and process connected with INS mandates verification of your status and clearance of your name before they will do anything. This goes from the issuance of your social security number/card which can take up to 60 days if your status is not immediately available on the INS databanks when SSA checks. Without a SSN, all the EAD's in the world will not help you. You can't work without both cards.
It is unfortunate that the aftermat of world events played out in the US last year has hindered the immediate financial productiveness of its future immgrants but that is the price your generation of K-1 visaholders is paying.
It is going to take a few years before INS under its new government agency umbrella is revamped and hopefully streamlined into being an efficiently run agency. For now those that the facts, I'm afraid.
I get dumped on for telling the truth but simply put, if you can't afford to come to the US and not work immediately to make ends met, then don't come until you have saved up money to at least last you 3 months. I lived with a husband who looked for work for 8 months before finding a position where is he over qualified and underpaid so I have first hand experience with the devastating effects being unemployed has on one's well being. But you know before hand that this is going to be the case, you are emotionally and financially prepared and things will be easier all around.
Rete
Unfortunately you were told the truth. Yes it is lunacy but I will attempt to try and clarify some of the whats, whys and wherefores. One must take into account that when the K-1 was first instituted and the 90 day temporary EAD issued in conjunction with this visa, processing was a whole lot different then it is today.
History: Back then and up to around the end of '00, when you entered the POE, the majority of them "made" the EAD card there and if they didn't, you were given an authorized to work stamp. After your marriage you then filed for AOS and the one year EAD at your local INS office. The local INS offices gave this one year EAD within timelines of ~immediately upon walk in filing and up to 90 days from filing~. The 90 day mark was usually unheard of and that is why there is a rule that allows you to walk into any INS Office and "demand" an interim EAD if by the 91st day of filing you have not been issued the one year EAD.
Current Procedures/Problems: Fewer and fewer POE's issue a temporary EAD work authorized stamp. I know of none that issue the temporary EAD card. If you were unfortunate enough not to have gotten the stamp, up until about two weeks ago, some local INS offices would issue, at no charge, the temporary EAD if you walked into their offices and asked for it.
Over the last two years, local INS offices have been taking longer and longer to process the one year EAD applications. For example, NYC INS would issue the one year EAD within 67 days in '98, '99, '00. They jumped to 75-90 days in '01 and in '02 we see they jumped to 120 days.
The provision that you could go in person and "demand" the interim EAD card if not issued by the 91st day is still (or should that be was) in effect. So several NYC users have done just that during the month of November.
BUT NOW WE HAVE A NEW WRINKLE to this processing timeline. INS is no longer giving out EAD's on the spot. It appears that evey petition and process connected with INS mandates verification of your status and clearance of your name before they will do anything. This goes from the issuance of your social security number/card which can take up to 60 days if your status is not immediately available on the INS databanks when SSA checks. Without a SSN, all the EAD's in the world will not help you. You can't work without both cards.
It is unfortunate that the aftermat of world events played out in the US last year has hindered the immediate financial productiveness of its future immgrants but that is the price your generation of K-1 visaholders is paying.
It is going to take a few years before INS under its new government agency umbrella is revamped and hopefully streamlined into being an efficiently run agency. For now those that the facts, I'm afraid.
I get dumped on for telling the truth but simply put, if you can't afford to come to the US and not work immediately to make ends met, then don't come until you have saved up money to at least last you 3 months. I lived with a husband who looked for work for 8 months before finding a position where is he over qualified and underpaid so I have first hand experience with the devastating effects being unemployed has on one's well being. But you know before hand that this is going to be the case, you are emotionally and financially prepared and things will be easier all around.
Rete
Originally posted by Garyexbradford
Help!! I think I have made a boo-boo.
I have always understood that on entering US on K-1 visa I was entitled to work automatically and that I had 90 days to marry. Subsequent to marrying I would file for AOS and EAD and once I had filed, my status would be classified as "pending".
My understanding was that if I found work during the first 90 days, I would be able to continue working during this "pending" phase whilst awaiting the issue of my EAD.
I spoke to INS yesterday and they tell me that I would need to leave work at the end of my initial 90 day period and not re-start until the EAD is issued to me. This seems to be lunacy!!
It makes no sense that I would be able to find work in the 90 day period only to have to stop until the EAD is issued ( which I understand takes ~3 months).
Is this another case of the INS people not getting their information on the helpline correct or is it a case of a ridiculous piece of beurocracy?
Gary
Help!! I think I have made a boo-boo.
I have always understood that on entering US on K-1 visa I was entitled to work automatically and that I had 90 days to marry. Subsequent to marrying I would file for AOS and EAD and once I had filed, my status would be classified as "pending".
My understanding was that if I found work during the first 90 days, I would be able to continue working during this "pending" phase whilst awaiting the issue of my EAD.
I spoke to INS yesterday and they tell me that I would need to leave work at the end of my initial 90 day period and not re-start until the EAD is issued to me. This seems to be lunacy!!
It makes no sense that I would be able to find work in the 90 day period only to have to stop until the EAD is issued ( which I understand takes ~3 months).
Is this another case of the INS people not getting their information on the helpline correct or is it a case of a ridiculous piece of beurocracy?
Gary
Dec 4th 2002, 3:10 pm
#3
Guest
Posts: n/a
Re: EAD confusion
"Garyexbradford" wrote in message
news:[email protected]...
> Help!! I think I have made a boo-boo.
> I have always understood that on entering US on K-1 visa I was entitled
> to work automatically and that I had 90 days to marry. Subsequent to
> marrying I would file for AOS and EAD and once I had filed, my status
> would be classified as "pending".
> My understanding was that if I found work during the first 90 days, I
> would be able to continue working during this "pending" phase whilst
> awaiting the issue of my EAD.
> I spoke to INS yesterday and they tell me that I would need to leave
> work at the end of my initial 90 day period and not re-start until the
> EAD is issued to me. This seems to be lunacy!!
> It makes no sense that I would be able to find work in the 90 day period
> only to have to stop until the EAD is issued ( which I understand takes
> ~3 months).
> Is this another case of the INS people not getting their information on
> the helpline correct or is it a case of a ridiculous piece of
> beurocracy?
Really it's neither of those - but closer to number #2. Basically the
temporary 90 day EAD is a bit of a joke. It's almost best to forget it
exists. But yes, if you do get it, it lasts for 90 days and if you don't
have other employment authorization by then you are not allowed to work. Of
course, when you dig deeper you find that it is the employer's
responsibility to keep tabs on your authorization and, while it's illegal
for you to work without proper authorization, it won't actually cause
problems when adjusting status based on marriage to a US citizen. If the
employer isn't doing their job in checking the expiry, you might ask whether
you are better off keeping quiet.
Andy.
--
I'm not really here - it's just your warped imagination.
news:[email protected]...
> Help!! I think I have made a boo-boo.
> I have always understood that on entering US on K-1 visa I was entitled
> to work automatically and that I had 90 days to marry. Subsequent to
> marrying I would file for AOS and EAD and once I had filed, my status
> would be classified as "pending".
> My understanding was that if I found work during the first 90 days, I
> would be able to continue working during this "pending" phase whilst
> awaiting the issue of my EAD.
> I spoke to INS yesterday and they tell me that I would need to leave
> work at the end of my initial 90 day period and not re-start until the
> EAD is issued to me. This seems to be lunacy!!
> It makes no sense that I would be able to find work in the 90 day period
> only to have to stop until the EAD is issued ( which I understand takes
> ~3 months).
> Is this another case of the INS people not getting their information on
> the helpline correct or is it a case of a ridiculous piece of
> beurocracy?
Really it's neither of those - but closer to number #2. Basically the
temporary 90 day EAD is a bit of a joke. It's almost best to forget it
exists. But yes, if you do get it, it lasts for 90 days and if you don't
have other employment authorization by then you are not allowed to work. Of
course, when you dig deeper you find that it is the employer's
responsibility to keep tabs on your authorization and, while it's illegal
for you to work without proper authorization, it won't actually cause
problems when adjusting status based on marriage to a US citizen. If the
employer isn't doing their job in checking the expiry, you might ask whether
you are better off keeping quiet.
Andy.
--
I'm not really here - it's just your warped imagination.
Dec 4th 2002, 6:17 pm
#4
Just Joined
Thread Starter
Joined: Dec 2002
Posts: 8
Re: EAD confusion
Originally posted by Rete Rete, thanks for the reply, I guess it all figures even if it is an affront to what one would consider the sensible course of action for the INS to take. Fortunately I am able to withstand economically the prospect of being unable to work for another 3 months. I should clarify 2 things, 1st of all I was given an Authorization stamp at POE and I have a SS# ( interestingly, when I applied for the SS# I was told it would take up 7 weeks to supply but when I got "firm" with the manager of the local office, they miraculously found that my information was already verified by INS so I ended up waiting about 7 days for the card). Anyway, I guess I should just remain quietly philosophical and await the arrival of spring.
Gary
Gary
Unfortunately you were told the truth. Yes it is lunacy but I will attempt to try and clarify some of the whats, whys and wherefores. One must take into account that when the K-1 was first instituted and the 90 day temporary EAD issued in conjunction with this visa, processing was a whole lot different then it is today.
History: Back then and up to around the end of '00, when you entered the POE, the majority of them "made" the EAD card there and if they didn't, you were given an authorized to work stamp. After your marriage you then filed for AOS and the one year EAD at your local INS office. The local INS offices gave this one year EAD within timelines of ~immediately upon walk in filing and up to 90 days from filing~. The 90 day mark was usually unheard of and that is why there is a rule that allows you to walk into any INS Office and "demand" an interim EAD if by the 91st day of filing you have not been issued the one year EAD.
Current Procedures/Problems: Fewer and fewer POE's issue a temporary EAD work authorized stamp. I know of none that issue the temporary EAD card. If you were unfortunate enough not to have gotten the stamp, up until about two weeks ago, some local INS offices would issue, at no charge, the temporary EAD if you walked into their offices and asked for it.
Over the last two years, local INS offices have been taking longer and longer to process the one year EAD applications. For example, NYC INS would issue the one year EAD within 67 days in '98, '99, '00. They jumped to 75-90 days in '01 and in '02 we see they jumped to 120 days.
The provision that you could go in person and "demand" the interim EAD card if not issued by the 91st day is still (or should that be was) in effect. So several NYC users have done just that during the month of November.
BUT NOW WE HAVE A NEW WRINKLE to this processing timeline. INS is no longer giving out EAD's on the spot. It appears that evey petition and process connected with INS mandates verification of your status and clearance of your name before they will do anything. This goes from the issuance of your social security number/card which can take up to 60 days if your status is not immediately available on the INS databanks when SSA checks. Without a SSN, all the EAD's in the world will not help you. You can't work without both cards.
It is unfortunate that the aftermat of world events played out in the US last year has hindered the immediate financial productiveness of its future immgrants but that is the price your generation of K-1 visaholders is paying.
It is going to take a few years before INS under its new government agency umbrella is revamped and hopefully streamlined into being an efficiently run agency. For now those that the facts, I'm afraid.
I get dumped on for telling the truth but simply put, if you can't afford to come to the US and not work immediately to make ends met, then don't come until you have saved up money to at least last you 3 months. I lived with a husband who looked for work for 8 months before finding a position where is he over qualified and underpaid so I have first hand experience with the devastating effects being unemployed has on one's well being. But you know before hand that this is going to be the case, you are emotionally and financially prepared and things will be easier all around.
Rete
Gary
Gary
Unfortunately you were told the truth. Yes it is lunacy but I will attempt to try and clarify some of the whats, whys and wherefores. One must take into account that when the K-1 was first instituted and the 90 day temporary EAD issued in conjunction with this visa, processing was a whole lot different then it is today.
History: Back then and up to around the end of '00, when you entered the POE, the majority of them "made" the EAD card there and if they didn't, you were given an authorized to work stamp. After your marriage you then filed for AOS and the one year EAD at your local INS office. The local INS offices gave this one year EAD within timelines of ~immediately upon walk in filing and up to 90 days from filing~. The 90 day mark was usually unheard of and that is why there is a rule that allows you to walk into any INS Office and "demand" an interim EAD if by the 91st day of filing you have not been issued the one year EAD.
Current Procedures/Problems: Fewer and fewer POE's issue a temporary EAD work authorized stamp. I know of none that issue the temporary EAD card. If you were unfortunate enough not to have gotten the stamp, up until about two weeks ago, some local INS offices would issue, at no charge, the temporary EAD if you walked into their offices and asked for it.
Over the last two years, local INS offices have been taking longer and longer to process the one year EAD applications. For example, NYC INS would issue the one year EAD within 67 days in '98, '99, '00. They jumped to 75-90 days in '01 and in '02 we see they jumped to 120 days.
The provision that you could go in person and "demand" the interim EAD card if not issued by the 91st day is still (or should that be was) in effect. So several NYC users have done just that during the month of November.
BUT NOW WE HAVE A NEW WRINKLE to this processing timeline. INS is no longer giving out EAD's on the spot. It appears that evey petition and process connected with INS mandates verification of your status and clearance of your name before they will do anything. This goes from the issuance of your social security number/card which can take up to 60 days if your status is not immediately available on the INS databanks when SSA checks. Without a SSN, all the EAD's in the world will not help you. You can't work without both cards.
It is unfortunate that the aftermat of world events played out in the US last year has hindered the immediate financial productiveness of its future immgrants but that is the price your generation of K-1 visaholders is paying.
It is going to take a few years before INS under its new government agency umbrella is revamped and hopefully streamlined into being an efficiently run agency. For now those that the facts, I'm afraid.
I get dumped on for telling the truth but simply put, if you can't afford to come to the US and not work immediately to make ends met, then don't come until you have saved up money to at least last you 3 months. I lived with a husband who looked for work for 8 months before finding a position where is he over qualified and underpaid so I have first hand experience with the devastating effects being unemployed has on one's well being. But you know before hand that this is going to be the case, you are emotionally and financially prepared and things will be easier all around.
Rete
Dec 4th 2002, 6:41 pm
#5
Concierge
Joined: Apr 2001
Posts: 46,392
Re: EAD confusion
IMHO the sensible course of action for INS to take in regards to the issue of the temporary 90 day EAD is to do away with altogether. Because it is virtually worthless since you can't be ensured of getting the one year EAD. So why continue with a temporary one.
It would be much better if they would make it a 6 month EAD. In that way the couple has ample time to marry, file and get the one year EAD.
Rete
It would be much better if they would make it a 6 month EAD. In that way the couple has ample time to marry, file and get the one year EAD.
Rete
Dec 5th 2002, 1:22 am
#6
Concierge
Joined: Apr 2001
Posts: 46,392
Re: EAD confusion
All of which might make sense but it doesn't work that way. First off no employer is going to take the work authorization stamp in your passport as proof of INS authorization to work. Anyone can fake a stamp in their passport. The K-1 is not on the list of required items of proof. A receipt from a filing of the I-765 takes more than 3 business days in most areas of the country unless you file in person. And that is not always possible with many INS offices. Also others have tried to extend their working ability with the use of only the receipt for the I-765 or in several cases the appointment letter and they were all told to take an unpaid leave of absence.
Congratulations on getting your AOS interview in under the time most people will wait for an EAD. Which office are you using that treated you so kindly? Have you been fingerprinted yet?
Rete
Congratulations on getting your AOS interview in under the time most people will wait for an EAD. Which office are you using that treated you so kindly? Have you been fingerprinted yet?
Rete
Dec 5th 2002, 1:25 am
#7
Guest
Posts: n/a
Re: EAD confusion
hey,
anyone entering the US on a K1 visa is automatically authorized for
employement for a 90 day period. all you need to show is your I-94 arrival
card, and your visa in your passport.
you have to marry within this time anyway, so as long as you submit your AOS
paperwork in a timely manner you should be fine.
if you check the I-9 form - the one which an employer must have for all
current employees, you will see in the
instructions:
"If employees are authorized to work, but are unable to present the required
document(s) within three business days, they must present a receipt for the
application
of the document(s) within three business days and the actual document(s)
within ninety (90) days"
so if you have applied for adjustment of status, and submitted the I-765 EAD
form, then as soon as you have your receipt, you are legally able to work.
i have been through all this - i have my AOS interview tomorrow, having
submitted my AOS application october 10th 2002. yes, 2002! i have no idea
why i got an interview so quickly, but i am not complaining...
i hope this helps,
adam
"Rete" wrote in message
news:[email protected]...
> Gary
> Unfortunately you were told the truth. Yes it is lunacy but I will
> attempt to try and clarify some of the whats, whys and wherefores. One
> must take into account that when the K-1 was first instituted and the 90
> day temporary EAD issued in conjunction with this visa, processing was a
> whole lot different then it is today.
> History: Back then and up to around the end of '00, when you
> entered the POE, the majority of them "made" the EAD card there and
> if they didn't, you were given an authorized to work stamp. After
> your marriage you then filed for AOS and the one year EAD at your
> local INS office. The local INS offices gave this one year EAD
> within timelines of ~immediately upon walk in filing and up to 90
> days from filing~. The 90 day mark was usually unheard of and that
> is why there is a rule that allows you to walk into any INS Office
> and "demand" an interim EAD if by the 91st day of filing you have not
> been issued the one year EAD.
> Current Procedures/Problems: Fewer and fewer POE's issue a
> temporary EAD work authorized stamp. I know of none that issue the
> temporary EAD card. If you were unfortunate enough not to have
> gotten the stamp, up until about two weeks ago, some local INS
> offices would issue, at no charge, the temporary EAD if you walked
> into their offices and asked for it.
> Over the last two years, local INS offices have been taking longer and
> longer to process the one year EAD applications. For example, NYC INS
> would issue the one year EAD within 67 days in '98, '99, '00. They
> jumped to 75-90 days in '01 and in '02 we see they jumped to 120 days.
> The provision that you could go in person and "demand" the interim
> EAD card if not issued by the 91st day is still (or should that be
> was) in effect. So several NYC users have done just that during the
> month of November.
> BUT NOW WE HAVE A NEW WRINKLE to this processing timeline. INS is no
> longer giving out EAD's on the spot. It appears that evey petition and
> process connected with INS mandates verification of your status and
> clearance of your name before they will do anything. This goes from the
> issuance of your social security number/card which can take up to 60
> days if your status is not immediately available on the INS databanks
> when SSA checks. Without a SSN, all the EAD's in the world will not
> help you. You can't work without both cards.
> It is unfortunate that the aftermat of world events played out in the US
> last year has hindered the immediate financial productiveness of its
> future immgrants but that is the price your generation of K-1
> visaholders is paying.
> It is going to take a few years before INS under its new government
> agency umbrella is revamped and hopefully streamlined into being an
> efficiently run agency. For now those that the facts, I'm afraid.
> I get dumped on for telling the truth but simply put, if you can't
> afford to come to the US and not work immediately to make ends met, then
> don't come until you have saved up money to at least last you 3 months.
> I lived with a husband who looked for work for 8 months before finding a
> position where is he over qualified and underpaid so I have first hand
> experience with the devastating effects being unemployed has on one's
> well being. But you know before hand that this is going to be the case,
> you are emotionally and financially prepared and things will be easier
> all around.
> Rete
> Originally posted by Garyexbradford
> > Help!! I think I have made a boo-boo.
> > I have always understood that on entering US on K-1 visa I was
> > entitled to work automatically and that I had 90 days to marry.
> > Subsequent to marrying I would file for AOS and EAD and once I had
> > filed, my status would be classified as "pending".
> > My understanding was that if I found work during the first 90 days, I
> > would be able to continue working during this "pending" phase whilst
> > awaiting the issue of my EAD.
> > I spoke to INS yesterday and they tell me that I would need to leave
> > work at the end of my initial 90 day period and not re-start until the
> > EAD is issued to me. This seems to be lunacy!!
> > It makes no sense that I would be able to find work in the 90 day
> > period only to have to stop until the EAD is issued ( which I
> > understand takes ~3 months).
> > Is this another case of the INS people not getting their information
> > on the helpline correct or is it a case of a ridiculous piece of
> > beurocracy?
> >
> Gary
> --
> Posted via http://britishexpats.com
anyone entering the US on a K1 visa is automatically authorized for
employement for a 90 day period. all you need to show is your I-94 arrival
card, and your visa in your passport.
you have to marry within this time anyway, so as long as you submit your AOS
paperwork in a timely manner you should be fine.
if you check the I-9 form - the one which an employer must have for all
current employees, you will see in the
instructions:
"If employees are authorized to work, but are unable to present the required
document(s) within three business days, they must present a receipt for the
application
of the document(s) within three business days and the actual document(s)
within ninety (90) days"
so if you have applied for adjustment of status, and submitted the I-765 EAD
form, then as soon as you have your receipt, you are legally able to work.
i have been through all this - i have my AOS interview tomorrow, having
submitted my AOS application october 10th 2002. yes, 2002! i have no idea
why i got an interview so quickly, but i am not complaining...
i hope this helps,
adam
"Rete" wrote in message
news:[email protected]...
> Gary
> Unfortunately you were told the truth. Yes it is lunacy but I will
> attempt to try and clarify some of the whats, whys and wherefores. One
> must take into account that when the K-1 was first instituted and the 90
> day temporary EAD issued in conjunction with this visa, processing was a
> whole lot different then it is today.
> History: Back then and up to around the end of '00, when you
> entered the POE, the majority of them "made" the EAD card there and
> if they didn't, you were given an authorized to work stamp. After
> your marriage you then filed for AOS and the one year EAD at your
> local INS office. The local INS offices gave this one year EAD
> within timelines of ~immediately upon walk in filing and up to 90
> days from filing~. The 90 day mark was usually unheard of and that
> is why there is a rule that allows you to walk into any INS Office
> and "demand" an interim EAD if by the 91st day of filing you have not
> been issued the one year EAD.
> Current Procedures/Problems: Fewer and fewer POE's issue a
> temporary EAD work authorized stamp. I know of none that issue the
> temporary EAD card. If you were unfortunate enough not to have
> gotten the stamp, up until about two weeks ago, some local INS
> offices would issue, at no charge, the temporary EAD if you walked
> into their offices and asked for it.
> Over the last two years, local INS offices have been taking longer and
> longer to process the one year EAD applications. For example, NYC INS
> would issue the one year EAD within 67 days in '98, '99, '00. They
> jumped to 75-90 days in '01 and in '02 we see they jumped to 120 days.
> The provision that you could go in person and "demand" the interim
> EAD card if not issued by the 91st day is still (or should that be
> was) in effect. So several NYC users have done just that during the
> month of November.
> BUT NOW WE HAVE A NEW WRINKLE to this processing timeline. INS is no
> longer giving out EAD's on the spot. It appears that evey petition and
> process connected with INS mandates verification of your status and
> clearance of your name before they will do anything. This goes from the
> issuance of your social security number/card which can take up to 60
> days if your status is not immediately available on the INS databanks
> when SSA checks. Without a SSN, all the EAD's in the world will not
> help you. You can't work without both cards.
> It is unfortunate that the aftermat of world events played out in the US
> last year has hindered the immediate financial productiveness of its
> future immgrants but that is the price your generation of K-1
> visaholders is paying.
> It is going to take a few years before INS under its new government
> agency umbrella is revamped and hopefully streamlined into being an
> efficiently run agency. For now those that the facts, I'm afraid.
> I get dumped on for telling the truth but simply put, if you can't
> afford to come to the US and not work immediately to make ends met, then
> don't come until you have saved up money to at least last you 3 months.
> I lived with a husband who looked for work for 8 months before finding a
> position where is he over qualified and underpaid so I have first hand
> experience with the devastating effects being unemployed has on one's
> well being. But you know before hand that this is going to be the case,
> you are emotionally and financially prepared and things will be easier
> all around.
> Rete
> Originally posted by Garyexbradford
> > Help!! I think I have made a boo-boo.
> > I have always understood that on entering US on K-1 visa I was
> > entitled to work automatically and that I had 90 days to marry.
> > Subsequent to marrying I would file for AOS and EAD and once I had
> > filed, my status would be classified as "pending".
> > My understanding was that if I found work during the first 90 days, I
> > would be able to continue working during this "pending" phase whilst
> > awaiting the issue of my EAD.
> > I spoke to INS yesterday and they tell me that I would need to leave
> > work at the end of my initial 90 day period and not re-start until the
> > EAD is issued to me. This seems to be lunacy!!
> > It makes no sense that I would be able to find work in the 90 day
> > period only to have to stop until the EAD is issued ( which I
> > understand takes ~3 months).
> > Is this another case of the INS people not getting their information
> > on the helpline correct or is it a case of a ridiculous piece of
> > beurocracy?
> >
> Gary
> --
> Posted via http://britishexpats.com
Dec 5th 2002, 1:29 am
#8
Joined: Nov 2002
Posts: 1,816
Re: EAD confusion
Originally posted by Rete
IMHO the sensible course of action for INS to take in regards to the issue of the temporary 90 day EAD is to do away with altogether. Because it is virtually worthless since you can't be ensured of getting the one year EAD. So why continue with a temporary one.
It would be much better if they would make it a 6 month EAD. In that way the couple has ample time to marry, file and get the one year EAD.
Rete
IMHO the sensible course of action for INS to take in regards to the issue of the temporary 90 day EAD is to do away with altogether. Because it is virtually worthless since you can't be ensured of getting the one year EAD. So why continue with a temporary one.
It would be much better if they would make it a 6 month EAD. In that way the couple has ample time to marry, file and get the one year EAD.
Rete
Kate. xxxxxxx
Dec 8th 2002, 3:12 pm
#9
Guest
Posts: n/a
Re: EAD confusion
It would be crazy to quit a good job in this uncertain economy. My wife came
over on a K-3 visa and we applied for the EAD and got it a few months later.
She has been applying for jobs fulltime for a month without even an
interview yet. My wife is upset and discouraged - I told her there are
millions of people out of work and not to blame herself and to give it a
rest and restart her quest for a job in January after the holidays when
companies will be more apt to hire. If you already have a good job - don't
give it up. I assume that you already have a valid SS number and if your
employer is not pressing the issue for a renewed EAD then don't ask/don't
tell! Just renew your EAD and before you know it you will have it!!! Don't
quit your job just because some INS worker told you too; because they are as
slow as ever to process any paperwork. Remeber spouses of American citizens
that entered POE legally and are here undergoing the immigaration process
are forgiven for working without authorization!
Take Care,
Beam Me UP!!!!!
Garyexbradford wrote:
> Help!! I think I have made a boo-boo.
> I have always understood that on entering US on K-1 visa I was entitled
> to work automatically and that I had 90 days to marry. Subsequent to
> marrying I would file for AOS and EAD and once I had filed, my status
> would be classified as "pending".
> My understanding was that if I found work during the first 90 days, I
> would be able to continue working during this "pending" phase whilst
> awaiting the issue of my EAD.
> I spoke to INS yesterday and they tell me that I would need to leave
> work at the end of my initial 90 day period and not re-start until the
> EAD is issued to me. This seems to be lunacy!!
> It makes no sense that I would be able to find work in the 90 day period
> only to have to stop until the EAD is issued ( which I understand takes
> ~3 months).
> Is this another case of the INS people not getting their information on
> the helpline correct or is it a case of a ridiculous piece of
> beurocracy?
> Gary
> --
> Posted via http://britishexpats.com
over on a K-3 visa and we applied for the EAD and got it a few months later.
She has been applying for jobs fulltime for a month without even an
interview yet. My wife is upset and discouraged - I told her there are
millions of people out of work and not to blame herself and to give it a
rest and restart her quest for a job in January after the holidays when
companies will be more apt to hire. If you already have a good job - don't
give it up. I assume that you already have a valid SS number and if your
employer is not pressing the issue for a renewed EAD then don't ask/don't
tell! Just renew your EAD and before you know it you will have it!!! Don't
quit your job just because some INS worker told you too; because they are as
slow as ever to process any paperwork. Remeber spouses of American citizens
that entered POE legally and are here undergoing the immigaration process
are forgiven for working without authorization!
Take Care,
Beam Me UP!!!!!
Garyexbradford wrote:
> Help!! I think I have made a boo-boo.
> I have always understood that on entering US on K-1 visa I was entitled
> to work automatically and that I had 90 days to marry. Subsequent to
> marrying I would file for AOS and EAD and once I had filed, my status
> would be classified as "pending".
> My understanding was that if I found work during the first 90 days, I
> would be able to continue working during this "pending" phase whilst
> awaiting the issue of my EAD.
> I spoke to INS yesterday and they tell me that I would need to leave
> work at the end of my initial 90 day period and not re-start until the
> EAD is issued to me. This seems to be lunacy!!
> It makes no sense that I would be able to find work in the 90 day period
> only to have to stop until the EAD is issued ( which I understand takes
> ~3 months).
> Is this another case of the INS people not getting their information on
> the helpline correct or is it a case of a ridiculous piece of
> beurocracy?
> Gary
> --
> Posted via http://britishexpats.com
Dec 8th 2002, 3:20 pm
#10
Guest
Posts: n/a
Re: EAD confusion
Garyexbradford wrote in message news:...
> Help!! I think I have made a boo-boo.
> I have always understood that on entering US on K-1 visa I was entitled
> to work automatically and that I had 90 days to marry. Subsequent to
> marrying I would file for AOS and EAD and once I had filed, my status
> would be classified as "pending".
> My understanding was that if I found work during the first 90 days, I
> would be able to continue working during this "pending" phase whilst
> awaiting the issue of my EAD.
> I spoke to INS yesterday and they tell me that I would need to leave
> work at the end of my initial 90 day period and not re-start until the
> EAD is issued to me. This seems to be lunacy!!
> It makes no sense that I would be able to find work in the 90 day period
> only to have to stop until the EAD is issued ( which I understand takes
> ~3 months).
> Is this another case of the INS people not getting their information on
> the helpline correct or is it a case of a ridiculous piece of
> beurocracy?
>
> Gary
Hey Gary,
It would be crazy to quit a good job in this uncertain economy. My wife came
over on a K-3 visa and we applied for the EAD and got it a few months later.
She has been applying for jobs fulltime for a month without even an
interview yet. My wife is upset and discouraged - I told her there are
millions of people out of work and not to blame herself and to give it a
rest and restart her quest for a job in January after the holidays when
companies will be more apt to hire. If you already have a good job - don't
give it up. I assume that you already have a valid SS number and if your
employer is not pressing the issue for a renewed EAD then don't ask/don't
tell! Just renew your EAD and before you know it you will have it!!! Don't
quit your job just because some INS worker told you too; because they are as
slow as ever to process any paperwork. Remeber spouses of American citizens
that entered POE legally and are here undergoing the immigaration process
are forgiven for working without authorization!
Take Care,
Beam Me UP Scotty!!!!!
> Help!! I think I have made a boo-boo.
> I have always understood that on entering US on K-1 visa I was entitled
> to work automatically and that I had 90 days to marry. Subsequent to
> marrying I would file for AOS and EAD and once I had filed, my status
> would be classified as "pending".
> My understanding was that if I found work during the first 90 days, I
> would be able to continue working during this "pending" phase whilst
> awaiting the issue of my EAD.
> I spoke to INS yesterday and they tell me that I would need to leave
> work at the end of my initial 90 day period and not re-start until the
> EAD is issued to me. This seems to be lunacy!!
> It makes no sense that I would be able to find work in the 90 day period
> only to have to stop until the EAD is issued ( which I understand takes
> ~3 months).
> Is this another case of the INS people not getting their information on
> the helpline correct or is it a case of a ridiculous piece of
> beurocracy?
>
> Gary
Hey Gary,
It would be crazy to quit a good job in this uncertain economy. My wife came
over on a K-3 visa and we applied for the EAD and got it a few months later.
She has been applying for jobs fulltime for a month without even an
interview yet. My wife is upset and discouraged - I told her there are
millions of people out of work and not to blame herself and to give it a
rest and restart her quest for a job in January after the holidays when
companies will be more apt to hire. If you already have a good job - don't
give it up. I assume that you already have a valid SS number and if your
employer is not pressing the issue for a renewed EAD then don't ask/don't
tell! Just renew your EAD and before you know it you will have it!!! Don't
quit your job just because some INS worker told you too; because they are as
slow as ever to process any paperwork. Remeber spouses of American citizens
that entered POE legally and are here undergoing the immigaration process
are forgiven for working without authorization!
Take Care,
Beam Me UP Scotty!!!!!
Dec 8th 2002, 5:16 pm
#11
BE Enthusiast
Joined: Sep 2002
Location: uk
Posts: 536
The temporary permission to work available undera K1 is not entirely worthless. At least it enables (or should enable) you to get a Soc Sec Card, and in Illinois (and some other States I think) you cannot obtain a driving licence without a soc sec card. So to abandon that temporary right to work would mean that you were not only workless but also immobile! There is an easy way out of course......change the damn rules re driving licences in Illinois!
