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EAD after I-94 expiry for k1

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  • EAD after I-94 expiry for k1

    If EAD arrives after I-94 expiration for K1 holder, does it make them out of status and ineligible for getting a SSN (until GC arrival)?

    And I am assuming, without a SSN and eligible work authorization, there is no way for the person to be employed?

  • #2
    There are several separate issues here.

    EAD - There are two different EADs you could be talking about here. There's the K-1-based EAD (category A6), which is a complete waste of money as it costs $410, and EADs take almost 90 days to get, and it will expire when your K-1 status (which is only 90 days from entry) expires, so you will get at best a few days or likely no days of employment authorization on that. Rather, apply for the AOS-based EAD (category C9), which is free, with your AOS.

    Employment - You are not authorized to work until you have an EAD or green card.

    SSN - You can apply for an SSN in K-1 status without an EAD, provided there is at least 2 weeks left on your K-1 I-94. If you didn't get your SSN in that time, you will have to wait till you get your AOS EAD or green card to apply for SSN. It doesn't matter that you don't have SSN during that time as you can't work anyway.

    This is my personal opinion and is not to be construed as legal advice.

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