HELP.. Denied a job for not having a GC yet... Is this legal?

[GEOntificator 272]

2 minutes ago, T_P said:

Good that he is willing to help you. I just want to emphasize what "your rights" are can play/be interpreted wrong depending on the person. This is your dream job like you said, make sure you are explaining them as politely as possible. Provide them some dates and estimates on your interview/GC etc. 

 

There are other conditions that require employees to be USC's and it is legal to use this as a hiring guide. Go easy....

That is exactly the plan. I am not going to make any threats, but rather give a better insight of my situation and provide details from the USCIS website about it. 

[T_P 872]

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

• 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. 

 

[T_P 872]

Just now, kvito28 said:

That is exactly the plan. I am not going to make any threats, but rather give a better insight of my situation and provide details from the USCIS website about it. 

Good luck and keep us posted on the results. Hope everything works out, we dont get to have a dream job everyday. 

[usmsbow 796]

1 minute ago, T_P said:

 

 

There are other conditions that require employees to be USC's and it is legal to use this as a hiring guide. Go easy....

 Yes, but this is a job with an investment bank, not the US government or a gov't contractor.  The OP has the hiring manager on his/her side too. In my experience, HR departments often are nearly as useless as USCIS tier 1 agents.. 

[GEOntificator 272]

Just now, T_P said:

Good luck and keep us posted on the results. Hope everything works out, we dont get to have a dream job everyday. 

Thank you, I appreciate it! I will most certainly keep all of you updated. Thanks everyone for your thoughts and information! VJ is truly an amazing place!

[T_P 872]

Just now, usmsbow said:

 Yes, but this is a job with an investment bank, not the US government or a gov't contractor.  The OP has the hiring manager on his/her side too. In my experience, HR departments often are nearly as useless as USCIS tier 1 agents.. 

They can be, but in this case, he wants the job might as well treat them well. 

[Boiler 43,546]

HR do have a repiutation for not being the brightest, perhaps suggest to the guy that you interviewd with that he should mention his concern to HR that they are putting the company at risk of a legal action for Discrimination and perhaps they could review the situation?

[GEOntificator 272]

2 minutes ago, Boiler said:

HR do have a repiutation for not being the brightest, perhaps suggest to the guy that you interviewd with that he should mention his concern to HR that they are putting the company at risk of a legal action for Discrimination and perhaps they could review the situation?

I do agree that HR people are not educated on immigration topics. This is not the first time I am running into a similar problem. I had also interviewed with Fidelity Investments recently and I suspect that EAD was the reason I did not get the job (I was told that they went with another candidate and did not provide any more explanation). There is no way for me to prove this... The only reason I suspect my job denial based on only having EAD is that I was asked basically the same exact question in Fidelity too. These days employers seem to be asking exactly what kind of work authorization one holds during interviews. It is messed up but it is reality. I have been experiencing this for the past 3 months..

 

I do not want to go that way at least yet. Perhaps they can understand it on their own after me pointing out the USCIS website where it talks about employment discrimination. I think that should deliver a clear message. We will see what comes out of this first. 

[jdaveh 58]

1 hour ago, kvito28 said:

I had a successful interview at Morgan Stanley yesterday and I was asked if I have the right to work. I explained that I have unrestricted work (I am already have my EAD) permit and that I am awaiting my green card interview. I also specified that I will not need sponsorship in the future

  Playing devils advocate here. If you do not get green card, then EAD would expire and you would need sponsorship to remain working. Is this correct? 

[GEOntificator 272]

Just now, jdaveh said:

  Playing devils advocate here. If you do not get green card, then EAD would expire and you would need sponsorship to remain working. Is this correct? 

It is correct, but what do you suggest I answer to the questions: Will you now or in the future require visa sponsorship? There are only two answers: Yes and No. None of which is 100% accurate... I think most people should assume that they will receive permanent residency. I do not have any violations with immigration or have ever had any problems with law. I think it is safe to say that I will not need sponsorship in the future.

[jdaveh 58]

   While I agree with you and hope everything is fine, just know that technically checking yes is not a true answer. Only pointing out a potential stumbling block if the issue gets pressed. They could potentially claim a falsehood on your application.  

[GEOntificator 272]

2 minutes ago, jdaveh said:

   While I agree with you and hope everything is fine, just know that technically checking yes is not a true answer. Only pointing out a potential stumbling block if the issue gets pressed. They could potentially claim a falsehood on your application.  

I honestly never knew this. Is anyone here familiar with this situation? Is answer Yes false? If so, then there isn't really much to argue. I still do not understand why I should answer Yes while I am waiting for GC to be approved. Any experts in this?

[Boiler 43,546]

Assuming you are not given the opportunity to out in the correct answer go with the ine that is nearest, in this case a PR. If there are is a free form field you cam always qualify.

[Pee&Eee 70]

This has been my experience since I got my EAD. Though they have not been as upfront as they were with you. It is sad but that is exactly what they do. Now that I have my Green Card I hope I get something soon.

Edited July 12, 2018 by PrisEri

[GEOntificator 272]

1 minute ago, PrisEri said:

This has been my experience since I got my EAD. Though they have not been as upfront as they were with you. It is sad but that is exactly what they do.

I understand it. Had they provided a different reasons for not hiring me I would not have made any fuss about it. Knowing the reason is what really bothers me since I have always wanted this job. I know that there isn't much I can do, but I am at least going to try to do something.