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Urgent - fast track to a work permit?

Urgent - fast track to a work permit?

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Old Dec 19th 2002, 9:32 pm
  #1  
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Default Urgent - fast track to a work permit?

Hi, wonder if someone can help me with some information.

I came to the US a few months ago from the UK on a visa waiver, and ended up marrying my girlfriend while I was here. I am in New York. I now want to stay here, and have a good job opportunity lined up. However I haven't filed my change of status yet, so I have no work permit. The job is due to start in early January but obviously I can't take it unless I can get a work permit.

I am hoping there is some quick way to get a work permit when filing for my change of status. I heard some offices will issue the work permit the same day as the application. Is this true?

Thanks in advance for any help or advice you can offer.
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Old Dec 19th 2002, 10:23 pm
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Default Re: Urgent - fast track to a work permit?

Do the following:

Go to the INS website and download the forms for Adjustment of Status. In effect you are trying to "adjust" from Visa Waiver to Conditional Permanent Resident (2 year Green Card)

The forms are detailed in this URL from the INS website

http://www.ins.usdoj.gov/graphics/howdoi/LPRApplication.htm

Conditional permanent residency means you are applying to gain legal work and living status in the US. The reason why it is called conditional is they require that you remain married for 2 years and then apply to remove the conditions. The main reason for this is they want to make sure people dont just get married to circumvent the laws relating to US immigration.

Go to the INS office in NY closest to you (look in the list of FIELD OFFICES on the INS website). Take all the paperwork they ask for as well as a CERTIFIED CHECK for your fees. If you can go with your US citizen partner all the better. Some field offices will grant your EA (Employment Authorization) the same day, unfortunately you then need to go to the Social Security office nearest you and request a SSN (number). This is generally mailed to you and can take between 10 days and as some users have posted upto 3 months.

Note - that some offices do not allow you to walk in and see an officer some do - ring and check if your unsure. You can hire an attorney to help you with this process it costs between $1500-$2500 generally. Personally I used one - it was a waste of money. Reflecting on it the whole process can be simple and smooth if you do it right.

Good luck - reply if you need anything else.
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Old Dec 19th 2002, 10:30 pm
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Thanks for your reply!

Can I legally work without a SSN while I am waiting for it to be issued? The form I have to fill in says I have to show proof of my legally being able to work - will the EA serve as that proof? Also is it always the SSN that holds up the process? How long does the EA take to get if they don't issue it right away?

Thanks again
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Old Dec 19th 2002, 10:37 pm
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Legal proof of your status to work is the EA document - if you dont get this straight away it can, again according to other posts on this site take up to 2-3 months.

The SSN is required for the payment of taxes so yes you need this.

To try and help you though: Phone a few lawyers tommorow morning in your city. Ask them if they could do the Adjustment of Status with you and whether
a) if it is possible to file in person
b) if it is possible to obtain the EA doc the same day.

If they say yes then it is possible to do this at your local office. Mention the SSN situation though to get there opinion. This advice should be free and forthcoming since you may still be undecided whether to use a lawyer or not... do you get my drift??

As a heads up, when you go to the INS office get there 30 mins before the doors open and stand in line (queue). This will save you the painful hours and hours of waiting if you were to turn up any later. Dont underestimate the wait times at the INS.

Again reply if you need anything else - I'm happy to help where I can
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Old Dec 19th 2002, 10:40 pm
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Okay so it sounds like I won't be able to get this Job then, since I'll have to wait for the SSN if not the EA :|

Thanks for your help
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Old Dec 19th 2002, 10:42 pm
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Speak to a lawyer tommorow before you draw any conclusions - you never know. I'm sorry I wish I had all the answers!!

Have you been offered this job, and you mentioned a form where it asked for proof of your eligibility to work - what was this form?
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Old Dec 19th 2002, 10:50 pm
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The form was the companies standard employment application form. I have been offered the job subject to me being available to start work in early January. It really is an excellent opportunity - almost a dream job.

I just found this on the internet:

Waiting Period
Normally your Social Security card will be mailed to you within 2 to 4 weeks after applying for it. In the meantime, you may be issued a temporary card that is proof that your application is in process. If your local office does not issue temporary cards, then you will want to have a copy made of your application.

Does this mean if I have proof of my application I can use that in the meantime?
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Old Dec 19th 2002, 10:55 pm
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I am not too sure about this as proof - again phone a lawyer or ask your prospective employer. Lawyer is better since the employer may deny you an offer if they think something stands in the way.

For the purposes of your employers application form yes your EAD will suffice.
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Old Dec 19th 2002, 10:57 pm
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Default Re: Urgent - fast track to a work permit?

    >Subject: Urgent - fast track to a work permit?
    >From: rain_king_uk [email protected]
    >Date: 12/19/02 5:32 PM Eastern Standard Time
    >Message-id:
    >Hi, wonder if someone can help me with some information.
    >I came to the US a few months ago from the UK on a visa waiver, and
    >ended up marrying my girlfriend while I was here. I am in New York. I
    >now want to stay here, and have a good job opportunity lined up. However
    >I haven't filed my change of status yet, so I have no work permit. The
    >job is due to start in early January but obviously I can't take it
    >unless I can get a work permit.
    >I am hoping there is some quick way to get a work permit when filing for
    >my change of status. I heard some offices will issue the work permit the
    >same day as the application. Is this true?
    >Thanks in advance for any help or advice you can offer.
    >--

You can't just "get" an EAD. You have to apply for adjustment of status first
or concurrently with your EAD. The EAD is not a standalone privilege. It is
linked to an immigrant petition/AOS.
 
Old Dec 19th 2002, 11:35 pm
  #10  
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Default Re: Urgent - fast track to a work permit?

In the theme of our conversation we were talking about EAD as a result of AOS. We werent just talking EAD.
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Old Dec 19th 2002, 11:40 pm
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Another question - it says you need "adit" photographs - where can you get those and what's the difference between them and passport photo's?
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Old Dec 19th 2002, 11:53 pm
  #12  
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ugh now I am reading that the new york office doesn't allow you to file for I-765, Application for Employment Authorization in person - I am screwed. Great, will take them ages by mail no doubt
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Old Dec 20th 2002, 12:59 am
  #13  
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The photos they are referring to are Green card specific in that they are taken from a side view - with one ear visible etc.

The INS field office may have a photographer there who will take them for you. Or failing that you can get a specification of this type of phot from the INS and take that to a Ritz or other place that takes photos and ask them to replicate it.

Unlucky if you cant file in person - post your app and hope for the best.
It can take a few months.....
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Old Dec 20th 2002, 1:31 am
  #14  
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Default Re: Urgent - fast track to a work permit?

    >Subject: Re: Urgent - fast track to a work permit?
    >From: rain_king_uk [email protected]
    >Date: 12/19/02 6:40 PM Eastern Standard Time
    >Message-id:
    >Okay so it sounds like I won't be able to get this Job then, since I'll
    >have to wait for the SSN if not the EA :|
    >Thanks for your help

Ask them to hold off the offer. If they really like you they will...
 
Old Dec 20th 2002, 3:32 am
  #15  
Walid Elyassaki
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Default Re: Urgent - fast track to a work permit?

As a lawyer if it is possible legally to file for work authorization with
other immigration document. then pay the fees to INS. Then get the reciepts.
give the receipt to the employer and get your job while not allowed to get
paid until your paperwork been done and get your work authorization. Then
ask them to pay you back for the period you have been working without money.
"rain_king_uk" wrote in message
news:[email protected]...
    > Hi, wonder if someone can help me with some information.
    > I came to the US a few months ago from the UK on a visa waiver, and
    > ended up marrying my girlfriend while I was here. I am in New York. I
    > now want to stay here, and have a good job opportunity lined up. However
    > I haven't filed my change of status yet, so I have no work permit. The
    > job is due to start in early January but obviously I can't take it
    > unless I can get a work permit.
    > I am hoping there is some quick way to get a work permit when filing for
    > my change of status. I heard some offices will issue the work permit the
    > same day as the application. Is this true?
    > Thanks in advance for any help or advice you can offer.
    > --
    > Posted via http://britishexpats.com
 


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