Gasherjohn

Thanks....... I think

nathan barley

So if I'm working, and my EAD renewal is submitted and pending, I can show my employer the renewal receipt and that will allow me to keep on working for another 90 days past the initial EAD expiry? Theoretically allowing uninterrupted employment while waiting to physically receive the renewal?

robclews

No because your 90 day EAD has expired, there is no renewal procedure for the interim EAD. You are therefore unauthorised to work until such time as you have your 1 year EAD in your hand.

Now if your employer chooses to ignore that then thats up to him, what you do is again up to the individual. But the bottom line is when your 90 day EAD expires until you get your 1 year EAD, you are not authorised to work in any shape or form.

Rob

Rob

Jg

Hi all,
I guess it doesn't make any difference if the person who is applying for EAD
for the first time has H1B visa which is expiring and is adjusting status
based on marriage (married 2 years)? Having a H1B visa was authorized
permission to work in US.

JG


"PeteJ" <member@british_expats.com> wrote in message
news:[email protected]...
    > What are the implications of that for me and the employer if you can
    > convince your employer that the reciept is enough then provide the EAD
    > within 90 days and they let you start employment?
    > --
    > Posted via http://britishexpats.com

Andy Platt

No because once the H-1B status expires then you lose employment
authorization again.

Andy.

--
I'm not really here - it's just your warped imagination.

"JG" <[email protected]> wrote in message
newsD0db.3408$v%[email protected]...
    > Hi all,
    > I guess it doesn't make any difference if the person who is applying for
EAD
    > for the first time has H1B visa which is expiring and is adjusting
status
    > based on marriage (married 2 years)? Having a H1B visa was authorized
    > permission to work in US.
    > JG
    > "PeteJ" <member@british_expats.com> wrote in message
    > news:[email protected]...
    > >
    > > What are the implications of that for me and the employer if you can
    > > convince your employer that the reciept is enough then provide the EAD
    > > within 90 days and they let you start employment?
    > >
    > >
    > > --
    > > Posted via http://britishexpats.com

Mrtravel

Gasherjohn wrote:

    >
    > I believe all new employees are asked to complete an I-9 which declares
    > their legal status. It might be possible for you to complete the section
    > that says you have applied for and will be getting an EAD within 90
    > days, if you have a receipt for your application.

Filing an application doesn't give you permission to work, you have to
have approval.

Mrtravel

Gasherjohn wrote:

    > Originally posted by PeteJ
    >
    >
    >>On the instructions page of the I-9 it states:
    >
    >
    >>"If employees are aurthorized to work but are unable to present the
    >>required documents within 3 business days they must present a reciept
    >>for the application of the documents within 3 business days and the
    >>actual documents within 90 days."
    >
    >
    >
    >>Does this mean that a BCIS reciept for my EAD from NSC in Missouri
    >>would suffice for 90 days?
    >
    >
    > I will be trying it if I get a job before the EAD, but it is a grey
    > area as I said and, ultimately, it will depend upon your employer
    > accepting it.
    >

What is the grey area?
You can not work until you have EAD approved, not the date you applied
for it.
Filing I-9 before approval would not suffice as you can't work until you
have the EAD approved.

Michael D. Young

Gasherjohn wrote:

    > Originally posted by PeteJ
    > > Hi
    > >
    > > Assuming my employment authorization actually comes through (e-filed -
    > > BIG MISTAKE!!!) I now have a job, but cannot start until they get my
    > > EAD to me. Are there any special forms that the employers have to fill
    > > in because I am not a citizen?
    > >
    > > Thanks
    > >
    > > Pete
    > I believe all new employees are asked to complete an I-9 which declares
    > their legal status. It might be possible for you to complete the section
    > that says you have applied for and will be getting an EAD within 90
    > days, if you have a receipt for your application.

Sorry the 90 days is only for people that are already authorized to work,
but have lost their work authorization document. In that case you can show
a receipt that you have applied for a replacement.

http://www.bcis.gov/graphics/lawsreg...k/hand_emp.pdf

See Question #6 on page 12

Gasherjohn

So is there no grey area that the K-1 authorises you to work incident to status and that this does not expire when the immigrant marries?

I spent quite a bit of time researching this and it seemed like there was to me but I accept I am no expert!

John

Mrtravel

nathan barley wrote:

    > So if I'm working, and my EAD renewal is submitted and pending, I can
    > show my employer the renewal receipt and that will allow me to keep on
    > working for another 90 days past the initial EAD expiry? Theoretically
    > allowing uninterrupted employment while waiting to physically receive
    > the renewal?

No... if it is expired, you don't get 90 days.
The 90 days is if you have current status to work and don't have the
documentation available when filing I-9.

Gasherjohn

So to run this by you once again....

The law says that a K-1 is authorised to work incident to status but needs permission from the INS (short form abbreviation of whatever they are this week!) to be able to prove it. This permission comes in the form of a stamp at the POE or a temporary 90 day EAD.

The law also says that a K-1 holder should apply for an EAD to prove that they can work after they marry. Therefore, the question is whether the K-1 holder is still authorised to work incident to the K-1 after they marry. If they are then they have the right to work and once they have the receipt they can complete the I-9 on the basis that they are authorised to work and are just awaiting the INS documentation to prove it.

It seems to me that the intention of the drafters of this law was that a K-1 should be allowed to work from the moment of entry. What sense would there be to give someone this benefit temporarily and then remove it? If the INS wish to interpret the law regarding K-1 holders in a different way then who are we to argue but I remain convinced that this was not the intention of the legislators.

Sorry if you see this, Dekka's Angel, as I know this irritates you!

John

lpdiver

"TO collect the associated fees of course!!!"

nathan barley

I was talking about renewing a full 1 year EAD, and using the receipt from that renewal to cover me until the 2nd card physically arrives in the mail.

Michael D. Young

Gasherjohn wrote:

    > Originally posted by Gasherjohn
    > > So is there no grey area that the K-1 authorises you to work incident
    > > to status and that this does not expire when the immigrant marries?
    > >
    > > I spent quite a bit of time researching this and it seemed like there
    > > was to me but I accept I am no expert!
    > >
    > > John
    > So to run this by you once again....
    > The law says that a K-1 is authorised to work incident to status but
    > needs permission from the INS (short form abbreviation of whatever they
    > are this week!) to be able to prove it. This permission comes in the
    > form of a stamp at the POE or a temporary 90 day EAD.
    > The law also says that a K-1 holder should apply for an EAD to prove
    > that they can work after they marry. Therefore, the question is
    > whether the K-1 holder is still authorised to work incident to the K-1
    > after they marry. If they are then they have the right to work and
    > once they have the receipt they can complete the I-9 on the basis that
    > they are authorised to work and are just awaiting the INS
    > documentation to prove it.
    > It seems to me that the intention of the drafters of this law was that a
    > K-1 should be allowed to work from the moment of entry. What sense would
    > there be to give someone this benefit temporarily and then remove it? If
    > the INS wish to interpret the law regarding K-1 holders in a different
    > way then who are we to argue but I remain convinced that this was not
    > the intention of the legislators.

Hi All,

Again this is what was sent to me from the then INS business liaison office:



Wherever there is a discrepancy between the requirements of the law and
likelihood of discovery or penalties, the public makes risk analysis and
proceeds accordingly. The term technically means required by law.

Citation to the US Code of Federal Regulations would require a depth
step-by-step analysis in order to provide explanation of how all of the
provisions implicated by this question interrelate.

In general, however, the progression is as follows:

1. K-1 classification may last no longer than 90 days

2. K-1 classification is for fiance(e)s of US citizens only.

3. As soon as a K-1 alien marries, he/she is no longer a fiance(e).

4. K-1 aliens are work authorized incident to status, per 8 CFR
274a.12(a)(6)

5. K-1 work authorization may last no longer than the status lasts, whether
the documentation issued to the K-1 alien has expired or not

6. An employment authorization document is required under 274a.12(a)(6) to
K-1 aliens, although INS General Counsel takes the position that 274a.12(a)
aliens (unlike 274a.12(c) aliens, for example) are work authorized incident
to status (i.e upon INS-issued proof of status). However, the public has
not been formally advised of this interpretation.

7. Some K-1 aliens who are unaware of this interpretation apply for EAD's
at INS Service Centers, where the processing period of 90 days essentially
eviscerates the work authorization and the document may arrive after the
fiance(s)'s status has already changed to spouse. Some K-1 aliens are
issued EAD's at INS field offices. Some are issued Forms I-94 stamped
"employment authorized." This varies from area to area within the US.

8. An EAD is automatically invalidated if the status which entitled the
alien to the employment authorization ceases, whether or not the EAD has
expired.


Take care,

Mike

Gasherjohn

Thanks Mike,

I hadn't seen that response from the INS before. Apologies if you had already posted it on another thread.

All of their reply just confirms that it was the intention of the legislators to allow a fiance of a USC to work when they enter the country.

It must surely have also been the intention of the legislators to give this benefit to fiances after they marry until they adjust status and get their green card. It is just not logical to give this benefit with one hand and take it back with the other.

John