Trouble with potential employment

[Bambi & João 2]

Has anyone had issuea getting a job after applying for the adjustment of status? We got a receipt letter extending my husbands work eligibility for a year while we wait. It was dated March 20. His 2 year green card expired on April 10 so we figured we were good just to show the receipt proving that it is still valid. After a job interview and a job offer, they still denied him the job. 

[Ketsuban 1,033]

He shouldn't need to even show them the EAD. With that he can get an SSN and a State ID or driver's license. Those two things are the only proof of ID/residency I needed to show and that's what the law says. Employers can't discriminate based on what they are shown and they can't demand certain types of IDs over others.

[Bambi & João 2]

I wish I would have known that! 

[DrEllaNJ 288]

threaten to sue them for discrimination based on national origin? He is clearly eligible /legal to work.

[Mollie09 1,543]

I switched jobs during ROC and used my Global Entry card and unrestricted SSN.

[zilchfox 296]

Your husband has a legal right to work based on his 1-year condition extension, and for them to decline the job AFTER a job offer entirely based on pending status is outright discrimination, and E-verify would show his legal status as well. He should threaten that this is against the Immigration and Nationality Act (INA) and it's illegal discrimination, and if they still will not hire him, he should file a complaint to the Office of Special Counsel.

[geowrian 22,335]

4 minutes ago, DrEllaNJ said:

threaten to sue them for discrimination based on national origin? He is clearly eligible /legal to work.

That's a long and uphill - and potentially expensive - battle to prove that he was denied a job due to his immigration status or nationality.

 

But if there is strong evidence of that being the cause for the denial, then let 'em have it.

[DrEllaNJ 288]

12 minutes ago, geowrian said:

That's a long and uphill - and potentially expensive - battle to prove that he was denied a job due to his immigration status or nationality.

 

But if there is strong evidence of that being the cause for the denial, then let 'em have it.

In this case, he was offered the job and then it was pulled, supposedly because of his (perceived) immigration status.  

 

But you're right, not sure what the use of it is, and if you can ultimately prove it. You could ask a knowledgeable attorney for a (free) consultation?

[Suss&Camm 2,213]

6 hours ago, DrEllaNJ said:

In this case, he was offered the job and then it was pulled, supposedly because of his (perceived) immigration status.  

 

But you're right, not sure what the use of it is, and if you can ultimately prove it. You could ask a knowledgeable attorney for a (free) consultation?

There is a pinned thread about EAD and discrimination. This regards the GC,  but the discrimination law is the same - in the thread is a phone number to the worker holine and tons of links good for you to look at.

From the thread"

"I called the Worker Hotline: 1-800-255-7688 which I found at this website: http://www.justice.gov/crt/about/osc/ provided my VJ users.

I spoke to a very helpful lady who said it was a grey area, but shes going to call my employer to see if she can explain the EAD card in more detail. But she did say no promises."

 

The next post:

 

"Wow.... the worker hotline moves fast.

A lady called me and said she spoke to my employer and they will be offering me the job."

 

Good luck. 

 

 

 

 

[bellylaugh 14]

I just started a new job. I showed the extension letter with my expired green card for the I-9 (their system requires immigration docs for all non citizens). They had never seen the extension letter before but once I pointed out the relevant sentence about extending the green card they accepted it with no issues.

 

your husband didn't apply for a job that required citizenship did he?

[Bambi & João 2]

Nope! He told them he was from Brazil! That was not a problem at all. He even explained that we applied to have conditions removed. They told him to show the receipt but he ended up talking to a different person when he provided his Green Card and they did not accept it. I am pretty sure the first person would have but the second one just insisted that it was expired. Next time we will be providing his green card, the receipt as well as his ID and social security card. It was frustrating because he provided exactly what they asked for and still denied. Hopefullh that Green Card comes soon but according to the USCIS site they are taking about 9 months. 

[Springrain22 427]

19 hours ago, DrEllaNJ said:

threaten to sue them for discrimination based on national origin? He is clearly eligible /legal to work.

Good luck with that!

[GreatDane 366]

From what I've heard, the wait is now 1.5-2 years. It just hasn't been updated on the USCIS website. In the past 6 months, the 'processing cases as of date' has only increased a couple weeks. It keep jumping around May/June. We filed back in August and so far, not a single person has heard anything. USCIS has told everyone we're in for the long haul since they're low priority applications.

Edited May 27, 2017 by GreatDane

[Bambi & João 2]

That isn't good! What is everyone supposed to do if that year extension expires? 

[DrEllaNJ 288]

go get another stamp at a local office (infopass)