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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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