Mike

I came here on a K-1 visa and applied for a K-1 based EAD right away
(A 06). My K-1 visa expires on 12/18/03, so it is looking
increasingly unlikely that I will get my EAD in time. The question is
as follows: If I apply for AOS, can I walk into my local office on
the 91st after applying for the first EAD and request that an EAD be
issued, but instead of asking for an (A)(06) based EAD, can I ask for
a (C)(9) based EAD? That is, are they allowed to issue an EAD (after
the 90th day) for a different class?

Also, if I am residing in one state and have a job offer in another
state, am I allowed to apply for AOS in the first state? It's much
faster to get the EAD in the first state than the second state.
Importantly, I cannot afford to live in the second state unless I have
a job, so I will not relocate until and unless I have an EAD.

Your responses will be much appreciated.

Mike

Someone please respond.....Lawyers, attorneys, geniuses, officers...anyone...PLEASE



(Mike) wrote in message news:<>...
    > I came here on a K-1 visa and applied for a K-1 based EAD right away
    > (A 06). My K-1 visa expires on 12/18/03, so it is looking
    > increasingly unlikely that I will get my EAD in time. The question is
    > as follows: If I apply for AOS, can I walk into my local office on
    > the 91st after applying for the first EAD and request that an EAD be
    > issued, but instead of asking for an (A)(06) based EAD, can I ask for
    > a (C)(9) based EAD? That is, are they allowed to issue an EAD (after
    > the 90th day) for a different class?
    >
    > Also, if I am residing in one state and have a job offer in another
    > state, am I allowed to apply for AOS in the first state? It's much
    > faster to get the EAD in the first state than the second state.
    > Importantly, I cannot afford to live in the second state unless I have
    > a job, so I will not relocate until and unless I have an EAD.
    >
    > Your responses will be much appreciated.

Jg

Hi Mike,
Stupid question... did you get married or are you getting married before
your K-1 expires?

JG


"Mike" <> wrote in message
news:...
    > Someone please respond.....Lawyers, attorneys, geniuses,
officers...anyone...PLEASE
    > (Mike) wrote in message
news:<>...
    > > I came here on a K-1 visa and applied for a K-1 based EAD right away
    > > (A 06). My K-1 visa expires on 12/18/03, so it is looking
    > > increasingly unlikely that I will get my EAD in time. The question is
    > > as follows: If I apply for AOS, can I walk into my local office on
    > > the 91st after applying for the first EAD and request that an EAD be
    > > issued, but instead of asking for an (A)(06) based EAD, can I ask for
    > > a (C)(9) based EAD? That is, are they allowed to issue an EAD (after
    > > the 90th day) for a different class?
    > >
    > > Also, if I am residing in one state and have a job offer in another
    > > state, am I allowed to apply for AOS in the first state? It's much
    > > faster to get the EAD in the first state than the second state.
    > > Importantly, I cannot afford to live in the second state unless I have
    > > a job, so I will not relocate until and unless I have an EAD.
    > >
    > > Your responses will be much appreciated.

Jozef

"JG" <> wrote in message
news:ptIzb.65198$...
    > Hi Mike,
    > Stupid question... did you get married or are you getting married before
    > your K-1 expires?
    > JG

Not a stupid question at all! This crucial piece of information is missing
in his original post and probably the reason nobody replied to it yet...


    > "Mike" <> wrote in message
    > news:...
    > > Someone please respond.....Lawyers, attorneys, geniuses,
    > officers...anyone...PLEASE
    > >
    > >
    > >
    > > (Mike) wrote in message
    > news:<>...
    > > > I came here on a K-1 visa and applied for a K-1 based EAD right away
    > > > (A 06). My K-1 visa expires on 12/18/03, so it is looking
    > > > increasingly unlikely that I will get my EAD in time. The question is
    > > > as follows: If I apply for AOS, can I walk into my local office on
    > > > the 91st after applying for the first EAD and request that an EAD be
    > > > issued, but instead of asking for an (A)(06) based EAD, can I ask for
    > > > a (C)(9) based EAD? That is, are they allowed to issue an EAD (after
    > > > the 90th day) for a different class?
    > > >
    > > > Also, if I am residing in one state and have a job offer in another
    > > > state, am I allowed to apply for AOS in the first state? It's much
    > > > faster to get the EAD in the first state than the second state.
    > > > Importantly, I cannot afford to live in the second state unless I have
    > > > a job, so I will not relocate until and unless I have an EAD.
    > > >
    > > > Your responses will be much appreciated.

Sanbernardino

Originally posted by Mike

    > Also, if I am residing in one state and have a job offer in another

    > state, am I allowed to apply for AOS in the first state?

You must apply where you are living. If you move, you must file a
notification of change of address and your case moves to the office in
the new address.

Mike

Why is it a stupid question? You're not getting it, are you? I'm
already married (hello, that's why I'm applying for AOS).


"JG" <> wrote in message news:<ptIzb.65198$>...
    > Hi Mike,
    > Stupid question... did you get married or are you getting married before
    > your K-1 expires?
    >
    > JG
    >
    >
    > "Mike" <> wrote in message
    > news:...
    > > Someone please respond.....Lawyers, attorneys, geniuses,
    > officers...anyone...PLEASE
    > >
    > >
    > >
    > > (Mike) wrote in message
    > news:<>...
    > > > I came here on a K-1 visa and applied for a K-1 based EAD right away
    > > > (A 06). My K-1 visa expires on 12/18/03, so it is looking
    > > > increasingly unlikely that I will get my EAD in time. The question is
    > > > as follows: If I apply for AOS, can I walk into my local office on
    > > > the 91st after applying for the first EAD and request that an EAD be
    > > > issued, but instead of asking for an (A)(06) based EAD, can I ask for
    > > > a (C)(9) based EAD? That is, are they allowed to issue an EAD (after
    > > > the 90th day) for a different class?
    > > >
    > > > Also, if I am residing in one state and have a job offer in another
    > > > state, am I allowed to apply for AOS in the first state? It's much
    > > > faster to get the EAD in the first state than the second state.
    > > > Importantly, I cannot afford to live in the second state unless I have
    > > > a job, so I will not relocate until and unless I have an EAD.
    > > >
    > > > Your responses will be much appreciated.

Sanbernardino

Mike, I don't think he was calling your question stupid. He was saying
that his question "Are you married?" was stupid because the answer was
likely yes. He just wanted to make sure he understood your situation and
was putting the question politely.

Kristin

Mike - Regarding your original question, I do not believe your local
office will allow you to either change your 90-day EAD app to a 1-year
app, or to demand a one year EAD on the 91st day after you filed for the
A(06) EAD. You could try, but I would be surprised if they would go for
it. It might help people if you told us where you are applying -
someone might have experience with that office to share with you.

FYI, the 90 day EAD, even if you got it, is only good for the 90 days of
your K-1 I-94, not 90 days after you receive it. So you are right that
at this point it is unlikely to come "in time" and even it if does, it
will expire on 12/18/03 (or should, if USCIS is doing things right,
which is never a guarantee!), since that's when your I-94 expires.

Regarding where you file for AOS, you must file with the office which
has jurisdiction over you, based on where you live. It doesn't matter
where you work, only where you reside. If you are planning to file for
AOS and then move, be aware that you will have to accomplish a transfer
of your file to your new USCIS office. This is not always easy, of
course; nothing with USCIS ever is. So you might want to rethink not
moving until you apply for AOS and get the EAD, if it's truly that easy
to get an EAD in the state you may move to.

If you tell us what state that is, maybe others from that area can
confirm your impression about how easy it is to get the EAD. For
example, with Detroit (where my husband and I filed), K-1s must file in
person and when they do, they receive their EAD (and an appointment for
their AOS interview) that day. Other offices have different rules about
filing and EADs. Good luck, whatever you decide! Kristin

Mike wrote:

    >>>>I came here on a K-1 visa and applied for a K-1 based EAD right away
    >>>>(A 06). My K-1 visa expires on 12/18/03, so it is looking
    >>>>increasingly unlikely that I will get my EAD in time. The question is
    >>>>as follows: If I apply for AOS, can I walk into my local office on
    >>>>the 91st after applying for the first EAD and request that an EAD be
    >>>>issued, but instead of asking for an (A)(06) based EAD, can I ask for
    >>>>a (C)(9) based EAD? That is, are they allowed to issue an EAD (after
    >>>>the 90th day) for a different class?
    >>>>Also, if I am residing in one state and have a job offer in another
    >>>>state, am I allowed to apply for AOS in the first state? It's much
    >>>>faster to get the EAD in the first state than the second state.
    >>>>Importantly, I cannot afford to live in the second state unless I have
    >>>>a job, so I will not relocate until and unless I have an EAD.
    >>>>Your responses will be much appreciated.