hi everyone, would appreciate any feedback and/or experience-based info on ways to find work until one's green card application is approved. I am swamped under all kinds of immigration law docs, which is great fun, but I have yet to figure out what one can do, incomewise, until s/he receives a GC, which can take years - if ever (hybernation not being a realistic option...)!
Also, I have been told that when an employer is sponsoring an immigrant's GC, such immigrant cannot [officially] be on the employer's payroll until the GC application is approved by the INS. Is this true? But then I heard of yet another case of a MSc holder working for a US company w/out a GC.
There are lots of ways to work for an employer without having a green card. The MSc person to which you refer may have been on an H1-B, a TN-1, F1 OPT, etc.
What status is the pending green card applicant under right now while waiting? Is she/he in the US as your post implies?
I've never understood how INS thinks it's reasonable to have people coming in on visa's and unable to work... spouses, fiance's, etc. If they want to work, they're here legally, they have work waiting, and household needs the money... it doesn't make sense.
The irony too is that people that come in on K1s, for example, are authorized to work yet they still need an EAD. I agree it doesn't make too much sense. Or the fact that I-130s are taking less time to process than I-129Fs for K3 visa holders. Again, why even have the K3 now? Why the AR-11 doesn't automatically update all addresses on file at all USCIS offices. Why I-751s are put into a different database than all other cases so they can't look up their status on the computer. Why only JFK gives out temp EADs upon arrival. Why PRs must register for the draft but they can't vote. Lots and lots of inconsistencies... I could go on but I won't.
Well, the K3 has utility if the couple is already married. Some people like to get married outside of the US (for example, if the wife is from another country - she may like to get married among family and friends rather than in some strange land without any support). Others have lived outside the US and wish to return, etc. Some people elect to DCF and others go with CR1 rather than waiting out the AOS in the US as a K3'er. The whole point of the K3 has been lost because the I-129Fs are taking so long. They were supposed to allow the spouse to stay with the USC while the I-130 was being processed. Now, there is no point since the I-129F takes longer than the I-130.
At one time the K-3's were faster than K-1's... With K-1 you file the I-129f at your service center, Texas is on 8/27/04. A k-1 can get an EAD at JFK? So, a k-1 is legally able to work but they're really not until they get ead in hand?
Yes, a 90-day EAD is available upon arrival at JFK (the only POE that regularly issues one). Everyone else has to wait 90 days from filing to obtain an interim EAD. Since it takes more than 90 days, most people wait until after they are married and then apply. So, depending upon how long you wait after arrival (a K1 has 90 days to marry), the wait could be as little as 91 days if someone married and filed AOS the day they arrived (virtually impossible) or 180 days if someone married on day 90 and filed the same day.
Right, K1s are authorized to work concomitant with status but still need an EAD to work. Figure that out - it doesn't make much sense.
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