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Discrimination EAD Card

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Hi VJ,

I recently accepted a job offer and have been through the drugs screen and reference check. These have all come back successfully. However, today I have been informed that they are only willing to hire someone who is a permanent resident. This was never communicated to me and my EAD card is still valid for another 9 months whilst I await my PR interview.

I researched online at USCIS and found this helpful information:

"Your employer MAY NOT:

  • Refuse to accept your document or refuse to hire you because your document expires in the future.
  • Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract."

To me this information seems to support my belief that I should not be discriminated against. However, I did call the worker hotline and speak to attorney who basically said it wasn't worth the hassle of pursuing it.

Has anyone else had a similar experience? And/or have and advice on this matter?

Thanks

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You could probably report them, but it won't do much for you I imagine:

http://www.eeoc.gov/employees/charge.cfm

http://www.justice.gov/crt/about/osc/

They sound like cruddy employers if they're so willing to drop you for someone else in that manner.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Hi,

Thanks for your reply. The thing is they are a VERY large company and I know they don't have anyone else in mind as I'm meant to start next week.

Seems like the general stance is don't bother pursuing, but if it is discrimination then surely the right thing to do is at least educate them that it is not right?

Thanks,

Amber

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Hi,

Thanks for your reply. The thing is they are a VERY large company and I know they don't have anyone else in mind as I'm meant to start next week.

Seems like the general stance is don't bother pursuing, but if it is discrimination then surely the right thing to do is at least educate them that it is not right?

Thanks,

Amber

Yeah, you should tell them what they've done is discriminatory and also write a letter to report them as those links suggest.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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I would ask them why the PR stance and provide them some further information about how the EAD allows the same rights as a PR card. It's possible they just aren't familiar with the EAD.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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I would ask them why the PR stance and provide them some further information about how the EAD allows the same rights as a PR card. It's possible they just aren't familiar with the EAD.

That's true! Wouldn't be the first time someone hasn't understood the rules. Although, you'd expect a big company with a big proper HR department to be familiar with the laws. But who knows!


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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It would no doubt come from an underling with no real knowledge anyway.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I would call a lawyer who specializes in work and labor laws, Sound like to me I there is some money to be able to be extracted from said company for what they are telling you......

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~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Inquiry about EAD, past K1~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Happens all the time...it's best to just move on to the next company.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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I would not drop this! Fight for your rights, it is the only way to make a difference!

Network with a few other employees of this company, preferably someone in HR who has decision power - e.g. via linkedin. Ask to speak to the supervisor of the person who is discriminating against you. Depending on what company it is, try using social media to get in touch - PR issues can have a strong impact.

Find a lawyer as a backup.

I would not let them off the hook!

Good luck.


K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

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What they are saying is illegal. You can choose to do something about it, or roll over and accept their discrimination.

I know which I'd pick.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Fight it, spread some knowledge. I wouldn’t work there because I’m sure there will be hard feelings but I’d talk to a lawyer about the possible outcome if you pursue it.

Big company, small company- most ppl don't understand how immigration works. I've been a LPR since 1991. Lived here full time since 2005. GC expired in 2008 and I was a struggling college student so I couldn't afford to renew it right away. The day after it expired HR showed up at my desk to tell me I couldn't work there anymore. Never mind the fact that I called USCIS and had someone explain that my status had not expired and since I was already working there, I had a year to get it renewed. Even after providing proof that I had paid and was in the process for renewing she still insisted that I was not legal. My boss had to contact her boss and fight it.

They were sued two years later for not accepting documents from someone who was in the process of doing AOS after he married a USC. They claim his temp work docs were not sufficient. Apparently they have a history of discriminating against immigrants. They fired an Australian guy for his GC being stolen.

Edited by kamw

09/27/14 Married :content:

12/03/14 Became a US citizen :star:

. .

02/25/15 130 Petition sent

02/27/15 NOA1 date :clock:

07/23/15 NOA2 date

08/03/15 Mailed to NVC

08/07/15 NVC Received

08/19/15 Case number assigned, submitted DS-261

08/20/15 Paid AOS bill

08/25/15 Received welcome letter

08/25/15 Sent AOS & IV package

08/31/15 DS-261 reviewed

08/31/15 AOS & IV scan date confirmed by Sup.

09/02/15 Received IV bill by email

09/03/15 Paid IV bill

09/09/15 Submitted DS-260

09/17/15 Case Completed @ NVC

10/06/15 Expedite Request sent to NVC

11/12/15 Contacted Sen. Marco Rubio for assistance with expedite by email

11/19/15 Expedite Approved

12/9/15 Medical

12/11/15 Interview (Approved)

12/14/15 CEAC Status changed to AP

12/15/15 CEAC Status Changed to Issued

12/18/15 Picked up Passport & booked hubby's ticket.

12/31/15 Ring in the New Years together after 4 years!!!! :dancing:

event.png

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Lawyer is right that pursuing them legally if they hold ground is a waste of time.

However, there is a huge gray area you need to exploit, stat.

If you can find an immigration attorney who is willing to write you a quick letter on a piece of their letter head and it costs you only $150 to do so, go for it. No need to actually go through with anything.

Or, better yet--quicker, and cheaper--tell the employer that you've contacted an attorney about it to get their opinion, and that you have looked up the law (reference it) and tell them that they are discriminating against your status. Be very courteous and kind about it, since they may be your future employer. They don't need to know you have no intention of making a huge issue out of this, but if they are in fact breaking the law giving up without at least bluffing your intent to challenge them on this is silly. Further, you have absolutely nothing to lose. Worse case you don't get the job, which is what you don't get anyway if they get their way.

I'm not familiar with this law, but I found the bullet you referenced:

http://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights

Heck, even if it doesn't quite mean what it seems to, it sure seems to mean that what they are doing is illeal. Let them know. Bluff that you don't intend to lose a job due to their ignorance of the law.

Edited by ExPatty

Good luck!

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Another link for you, this from the US Justice Department asserting the same:

http://www.justice.gov/crt/about/osc/htm/engperliwdiss.php

" Employers may not refuse to hire refugees and asylees because their work authorization contains a future expiration date."

BTW, I hope that what you have from your HR department is written. In fact, before you go back to them ask them to email you or write a letter about why they are doing this. Otherwise, if you go guns blazing they may come up with another excuse, so you need to ensure they specify in writing why they cannot hire you. Unfortunately PA is not a one-party consent state for audio recording, so recording a phone call won't be sufficient/legal for you to do.

Oh looky what I found:

http://www.employmentmattersblog.com/2015/01/beyond-u-s-citizens-and-lawful-permanent-residents-are-other-classes-of-individuals-legally-authorized-to-work-protected-from-employment-discrimination/

This case matches yours precisely, found for the plaintiff.

Please don't lose a job because your company is breaking the law and you don't bother telling them they are. Best of luck!

And:

http://www.eeoc.gov/laws/types/nationalorigin.cfm

The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract.

But as I said, the company--if they didn't tell you this in writing--can subsequently pretend they don't want you for any reason at all. I don't trust HR very much. This is why if possible you get something from them in writing, so that you can then throw this back at them. Otherwise, they could say you're "not a good match" or whatever, and the real reason gets lost in the murk.

Edited by ExPatty

Good luck!

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