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DBR

Recruiter asking what visa I am on...

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I had a phone interview recently and I explained I have a valid I-765 EAD which expires late next year, I also explained I am adjusting status and waiting for my GC interview. Now I don't really understand what could have confused them but they are now asking what visa I am on? My wife is saying I need to tell them I am on the K1 visa but that has expired and we are married now anyway so that will cause more confusion I think, so I am thinking I should tell them I am on the I-485 visa and have the EAD until I get the green card?

 

I can't see what the problem is as I told the recruiter I don't require any sponsorship from them, and when I have explained this to my previous employer they understood perfectly fine.

 

Any advice from anyone who has had to explain things more clearly, as I am not really sure how to explain this....


K1 Filed – 05/07/17

K1 NOA1 – N0A2 – 02/06/2018 (211 days)

K1 Interview – 04/11/18 – Approved

Visa in Hand – 05/03/18

POE – LAX – 05/16/2018

Married – 06/11/2018

AOS Filed – 06/18/2018

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Visa and status are 2 different things. You were given a K visa. It has since expired. The literal answer to the recruiters question is you entered as a K visa (which is now expired). But this is a case of the recruiter asking the wrong question. You can have an expired visa AND be in status (and vice versa). When you get the NOA for AOS you are placed in 'authorized stay'. This basically means you are allowed to stay in the US while your AOS is processed- and you can get a work permit. However there is no formal category or class for K visa holders that file AOS and are now in auth stay. Most people say they are AOS pending w/ valid EAD work auth (based on K visa). That is probably the best way to explain this to the recruiter. 

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6 hours ago, DBR said:

Any advice from anyone who has had to explain things more clearly, as I am not really sure how to explain this....

 

There's a lot of folks who do not understand a K1 which is a tiny subgroup of all the immigrants and does not fit the usual pattern. I would keep it simple for them and avoid acronyms they won't understand.

 

I entered the US on a Fiancé Visa (K1). It allows me to marry and apply for a greencard, which I have done. While I wait on the approval process, I have been issued an employment authorization card (I-765) which allows me to work immediately. It is valid for one year, by which time I should have the greencard.

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If it is of any consolation, they are probably asking so they know if you need any immigration benefits from potential employers (e.g. H1B transfer, OPT ...).

 

I usually put 'authorized to work without limitations' on my CVs. They don't need to know what your immigration status is (and granted, most of people you will be dealing it have absolutely no clue what EAD, K1 or anything else is), but knowing that they don't need to do anything about it, might help (...however, checking the 'EAD discrimination' thread that might not always be the case).

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21 hours ago, DBR said:

I had a phone interview recently and I explained I have a valid I-765 EAD which expires late next year, I also explained I am adjusting status and waiting for my GC interview. Now I don't really understand what could have confused them but they are now asking what visa I am on? My wife is saying I need to tell them I am on the K1 visa but that has expired and we are married now anyway so that will cause more confusion I think, so I am thinking I should tell them I am on the I-485 visa and have the EAD until I get the green card?

 

I can't see what the problem is as I told the recruiter I don't require any sponsorship from them, and when I have explained this to my previous employer they understood perfectly fine.

 

Any advice from anyone who has had to explain things more clearly, as I am not really sure how to explain this....

Best to keep it simple.  You are work authorized based on your green card application


YMMV

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Indeed...I'm a hiring manager at my company.  Really they're asking if you need some sort of sponsorship as that can be long and expensive depending on the case.  You should just say you're authorized to work without needing any sponsorship and leave it at that.  It's inappropriate for a recruiter to ask too much more.


I-130

May 14, 2016: Sent I-130 Package to Chicago Lockbox

May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

May 23, 2016: NOA1 E-mail

Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Nov 23, 2016: IV Fee Invoiced and paid

Nov 30, 2016: IV and AOS Packages Sent (EP)

Dec 4, 2016: DS-260 Submitted

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Dec 15, 2016: Found out interview date by phone

Jan 23, 2017: Interview...Approved!

 

Jan 30, 2017: POE Toronto Pearson Airport

 

Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox

Nov 7, 2018: Apparent receipt date (SMS notification on 11/9)

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