Job offer while EAD (I-765) is pending

[Jorge_Oliveira 0]

Hello everyone!

This is my first topic in VJ. I've only discovered VJ recently and have been "kicking myself" ever since for that.

I really need help from you because, like many other VJ comrades, I'm desperate. I have a pending job offer for a Human Resources Assistant position from a great USA food company. The job is within my field of expertise and is a major opportunity for me and my wife at this point of our lives. She's the only one working right now and, as you all might presume, things have been very hard for us in these early times upon my arrival.

I desperately need this job. Needless to say that in nowadays economy, a good job comes as a blessing. Especially one in your field of expertise.

Having said this, I am currently waiting for my EAD and my prospective employer has given me until the beginning of next week to come up with the EAD. Shas has already started screening for new candidates and I'm afraid I'm running out of time here.

I applied for my EAD at the same time as I did for the AOS. The applications were received by USCIS on October 9th and I already took the biometrics on November 6th. Well, according to the VJ's time-line, the EAD should be adjudicated somewhere between Nov. 25th and Dec. 7.

Meanwhile, I can't afford to wait much longer. Therefore, my question is: Since all my documents are in order and I have the NOA's to prove it, is there any legal impediment about having the employer accepting me for this job and having my wages on hold until I get my EAD? Should the Labor inspectors find out this situation, could the employer be in trouble even though I have the documents to prove that the application is in process?

Let's face it, there's little chance the EAD will be denied. So basically, we're just talking a matter of time. I don't think the employer could get into trouble. I've heard from someone that I can't be deported over that because all my documents are being processed within the lawful obligations. What I wish to know is if the employer could get in trouble over this situation.

They really wish they could hire me so, in the absence of any legal impediment, I could arrange a deal with them where they'd hold my hours of labor and pay me accordingly once I got my EAD. I know I'm repeating myself here, but I really want to explain the situation well so you can help me the best you can.

Thank you in advance for you help . Please be quick in your advice.

[rebeccajo 14]

Moving the thread to Working and Traveling where the question lies.

Unfortunately your documents aren't all in order. You don't possess a fee document from the Service to prove you are legally authorized to work.

[Jorge_Oliveira 0]

Wasn't expecting anything that quick!

Thank you, although your answer is not very reassuring...

Last time I went to an infopass appointment, the USCIS officer told me that should a policeman ask me for my documents, all I should do is show him the NOA for my applications. That's proof that all my documentation is being properly processed and in fact, that's the only thing I can legally show to him (and my national passport, of course). I fugured that it would be the same with the EAD. It's being processed and I have taken the biometrics.

Since we're at it, what does a Service fee mean? EAD?

[Jorge_Oliveira 0]

Can you tell me what do you mean by document fee? Are you referring to the EAD?

One other think I want to ask.

Why is it that I can check the status of my I-458 on-line but not the I-765. That's been bothering me. The receipt number is the same except the last digit. They were both filed at the same time. Why is one of them in their database and not the other? It has been a month and a half since they received it...

[rebeccajo 14]

I don't know why you can't check your case status online, sorry. You might want to make a phone call to the I-800 number just to see if the representative can locate the case. At least then you'd know it's 'on the move'.

The documents a policeman might want to see (and btw local law enforcement really isn't empowered to ask you for immigration documents - but I digress) which prove you are legally within our country aren't the same documents you need to prove you are legally authorized to work.

You need a fee document from the Service. One you paid money for. That's your yet unreceived EAD.

You also asked up above several questions about your potential employer and their level of risk. They actually have more to lose than you do. Should you work without authorization, that will be overlooked if your adjustment is granted. Your potential employer on the other hand can suffer loads of fines and other troubles if they hire an undocumented worker.

Edited November 20, 2009 by rebeccajo

[Otto 83]

Most companies (and I know nothing about the one you are referring to) may have a desire to hire you, they may even extend an offer, but in all likelihood, when it came down to brass tacks and the hiring process began - the lack of work authorization would put a halt to things.

I also do not know if their interest in employing you is based on their either being told or assuming, you are permitted to work in the US but most companies, once they discover this (and they would if they do what they are supposed to do; no reason to believe otherwise) would not employ a person not legally permitted to work.

But again - I don't know anything about them - it's just been my experience.

[Jorge_Oliveira 0]

Thank you for your response.

You've been helpful maintaining a tone of realism to this conversation. You see, I'm not quite resigned yet and often get hopeful.

I've tried to conform to the situation but it hasn't been easy. Tomorrow I'll call the company and try to beg for the final time. I already arranged another infopass appointment for Monday morning. Should I go down, I'll go with a free conscious.

I have even begun to pray for other job applicants not to be as competent as I was during those 3 job interviews. I'm not proud to admit this but it's the last flailing of a "dying" man. I'm beginning to believe in supernatural forces now...

This is what happens to those who have relegated their faith in the hands of others (meaning the USCIS) for almost a year. And counting...

I too digress...

Thanks a bunch!

Edited November 20, 2009 by Yatsuraluso

[Jorge_Oliveira 0]

Most companies (and I know nothing about the one you are referring to) may have a desire to hire you, they may even extend an offer, but in all likelihood, when it came down to brass tacks and the hiring process began - the lack of work authorization would put a halt to things.

I also do not know if their interest in employing you is based on their either being told or assuming, you are permitted to work in the US but most companies, once they discover this (and they would if they do what they are supposed to do; no reason to believe otherwise) would not employ a person not legally permitted to work.

But again - I don't know anything about them - it's just been my experience.

The company is Stacy's Pita Chips. A Pepsico - Fritolay's Firm. I've leveled up with them. They know everything that's going on. I've been honest since the beginning and they know what to expect from this. Like I said before, they've given me until next Tuesday to come up with the EAD and have already started screening new candidates.

I completely understand their position. I'd do the same thing if I were in charge of the recruiting policy. I'm the weakest link here. And it's not anyone's fault but mine. It took me almost 3 months to get married. But it was hard because of the settling in in a new country. Find a house to rent, getting to know the city and neighborhood, adjusting to a new context and pursuing the minimum level of comfort in the house (furniture and communications)... Too many things to handle at once.

Thanks anyway

Edited November 20, 2009 by Yatsuraluso

[Otto 83]

The company is Stacy's Pita Chips. A Pepsico - Fritolay's Firm. I've leveled up with them. They know everything that's going on. I've been honest since the beginning and they know what to expect from this. Like I said before, they've given me until next Tuesday to come up with the EAD and have already started screening new candidates.

I completely understand their position. I'd do the same thing if I were in charge of the recruiting policy. I'm the weakest link here. And it's not anyone's fault but mine. It took me almost 3 months to get married. But it was hard because of the settling in in a new country. Find a house to rent, getting to know the city and neighborhood, adjusting to a new context and pursuing the minimum level of comfort in the house (furniture and communications)... Too many things to handle at once.

Thanks anyway

I think everyone understands the need to bring comfort and solidity into our homes. With any luck - perhaps the EAD will show up in time (stranger things have happened). its a lot to deal with but it will get better. We certainly hope it works out for the better.

Edited November 20, 2009 by Otto und Karin

[Aubrey 10]

Are you sure you properly entered the receipt number for your EAD (for tracking the case online)? You do have to enter each receipt number separately. If it's not showing up, I would definitely be calling to check the status of that case to ensure it's still pending...

Sorry you didn't learn about VJ sooner. I've read about too many people looking for work before they have an approved EAD. It's sad, but most end up losing that job offer. Waiting around for EAD is no fun and financially difficult for many (including my husband and I), but unfortunately it's part of the burden USCIS makes us bear. Best wishes to you in finding another job soon.

[dirtyweebesom 8]

Can't you contact your Senator, Yatsuraluso? I can't imagine they'd be able to do much within such a short timeframe, but, well, you never know.

I feel your pain, by the way. I was getting certified to be a teacher but had to drop out of the program in August because I didn't have enough money to send off all the AOS paperwork. I had to find a job to be able to continue in the program, and obviously I couldn't do that if I hadn't even sent off my application for an EAD!

I'm currently applying to other alternative teacher certification programs and, even though they wouldn't start until June 2010 (when I'll *hopefully* have my conditional green card), the interviews are coming up soon, and I need to prove that I'm a permanent resident. Gulp!

[Jorge_Oliveira 0]

Thank you all for your concern and kind words.

I believe the 2 most important and basic things to have in life are health and work. All the rest should come from these 2. Well, Thank God I still have my health. Work should come one way or another. Nevertheless, it's sad when you're healthy and your life isn't in your control...

I should take some of your advice into consideration. Really getting worried about the EAD receipt number thing though... The number is correct, it just isn't in their database records yet. Or ever was... I'm going to an infopass appointment tomorrow and try to sort this out.

Thank you all!

[jgc 0]

Hi, Yatsuraluso what happened after you visited the USCIS office last year? Did they advice you to accept the offer and start working before you received your EAD?

Whed did your EAD arrive?

Thank you all for your concern and kind words.

I believe the 2 most important and basic things to have in life are health and work. All the rest should come from these 2. Well, Thank God I still have my health. Work should come one way or another. Nevertheless, it's sad when you're healthy and your life isn't in your control...

I should take some of your advice into consideration. Really getting worried about the EAD receipt number thing though... The number is correct, it just isn't in their database records yet. Or ever was... I'm going to an infopass appointment tomorrow and try to sort this out.

Thank you all!

[aleful 1,905]

Hello everyone!

This is my first topic in VJ. I've only discovered VJ recently and have been "kicking myself" ever since for that.

I really need help from you because, like many other VJ comrades, I'm desperate. I have a pending job offer for a Human Resources Assistant position from a great USA food company. The job is within my field of expertise and is a major opportunity for me and my wife at this point of our lives. She's the only one working right now and, as you all might presume, things have been very hard for us in these early times upon my arrival.

I desperately need this job. Needless to say that in nowadays economy, a good job comes as a blessing. Especially one in your field of expertise.

Having said this, I am currently waiting for my EAD and my prospective employer has given me until the beginning of next week to come up with the EAD. Shas has already started screening for new candidates and I'm afraid I'm running out of time here.

I applied for my EAD at the same time as I did for the AOS. The applications were received by USCIS on October 9th and I already took the biometrics on November 6th. Well, according to the VJ's time-line, the EAD should be adjudicated somewhere between Nov. 25th and Dec. 7.

Meanwhile, I can't afford to wait much longer. Therefore, my question is: Since all my documents are in order and I have the NOA's to prove it, is there any legal impediment about having the employer accepting me for this job and having my wages on hold until I get my EAD? Should the Labor inspectors find out this situation, could the employer be in trouble even though I have the documents to prove that the application is in process?

Let's face it, there's little chance the EAD will be denied. So basically, we're just talking a matter of time. I don't think the employer could get into trouble. I've heard from someone that I can't be deported over that because all my documents are being processed within the lawful obligations. What I wish to know is if the employer could get in trouble over this situation.

They really wish they could hire me so, in the absence of any legal impediment, I could arrange a deal with them where they'd hold my hours of labor and pay me accordingly once I got my EAD. I know I'm repeating myself here, but I really want to explain the situation well so you can help me the best you can.

Thank you in advance for you help . Please be quick in your advice.

I hope you got your information on infopass. Something is wrong. The max that an EAD takes is 90 days, so you're way past that time.

[milimelo 4,260]

I hope you got your information on infopass. Something is wrong. The max that an EAD takes is 90 days, so you're way past that time.

And you are replying to a thread from November why?