Applying for jobs while waiting for EAD

[Katri 236]

So, I am bit confused.. Can you apply for jobs while waiting for EAD?

 

I have

Filed: 10/17/2018

NOA: 10/29/2018

BIO: 11/19/2018

 

And I thought I would get the work permit end on this month or middle of March at the latest.

 

Now looking at all these timelines it seems it could on forever... until April/May/June.

 

So have you applied for jobs? While sending the application have you said already that you don't have work permit or at the interview?

 

How have the employers took this information?

 

Thanks,

[Dashinka 23,234]

You can interview/apply for jobs while waiting, but of course you cannot actually work without the EAD, so it is a good idea to inform any potential employer that this is still pending.

 

Good Luck!

[SusieQQQ 11,584]

You can apply, but if asked if you have work authorization you have to say “no”. Often on online applications it’s just a yes/no checkbox so there likely won’t be anywhere to explain it’s pending, or that you don’t know when it will actually arrive.

[duitta2g15 26]

If you apply and don’t have work authorization, and got an offer, you wouldn’t be able to work. Moreover, if you clicked the checkbox that said you don’t have a work authorization, most recruiters wouldn’t even bother with your application. The reason is, you can’t be employed without work authorization. It’s illegal! You can apply but I don’t  see your application going any further if they ask you for work authorization and you tell them you don’t have one. Work authorization = Employment...

[Katri 236]

1 hour ago, duitta2g15 said:

If you apply and don’t have work authorization, and got an offer, you wouldn’t be able to work. Moreover, if you clicked the checkbox that said you don’t have a work authorization, most recruiters wouldn’t even bother with your application. The reason is, you can’t be employed without work authorization. It’s illegal! You can apply but I don’t  see your application going any further if they ask you for work authorization and you tell them you don’t have one. Work authorization = Employment...

But isn't it when I could expedite the EAD? With the job offer exactly? 

[eckoin 211]

2 hours ago, duitta2g15 said:

If you apply and don’t have work authorization, and got an offer, you wouldn’t be able to work. Moreover, if you clicked the checkbox that said you don’t have a work authorization, most recruiters wouldn’t even bother with your application. The reason is, you can’t be employed without work authorization. It’s illegal! You can apply but I don’t  see your application going any further if they ask you for work authorization and you tell them you don’t have one. Work authorization = Employment...

How do you think people apply for H1B and TN visas? Of course some recruiters will skip your application, and plenty won't. What dumb advice.

 

36 minutes ago, Katri said:

But isn't it when I could expedite the EAD? With the job offer exactly? 

Go ahead and apply for jobs, answer truthfully that you don't currently have work authorization. If you interview and get an offer, you would use that offer letter to expedite the EAD and let the company know you can't start until 3-4 weeks after they give you an offer. 

 

Contrary to silly stuff in this thread, there is a plethora of people doing just this and employers who don't need you immediately have no issues with this. You don't even require sponsorship, which is the biggest turnoff for employees due to costs and waiting times. 

[duitta2g15 26]

39 minutes ago, Katri said:

But isn't it when I could expedite the EAD? With the job offer exactly? 

If you request an expedition of your EAD, it isn’t guaranteed that it will be approved. These are requirements for requesting expedition. The burden is on you the applicant. 

https://www.uscis.gov/forms/expedite-criteria

[SusieQQQ 11,584]

2 hours ago, Katri said:

But isn't it when I could expedite the EAD? With the job offer exactly? 

Yes, but the reasoning is kind of circular, because many employers will shunt your application aside in favor of those already able to work.  Do you have skills that will be in high demand with employers prepared to wait for you? If so you’ll be more likely to get a job offer in advance of an EAD.  If not it could be more troublesome.  In your favor (but also depending where you live) is high demand for most types of employees at the moment.

[azblk 338]

2 hours ago, SusieQQQ said:

Yes, but the reasoning is kind of circular, because many employers will shunt your application aside in favor of those already able to work.  Do you have skills that will be in high demand with employers prepared to wait for you? If so you’ll be more likely to get a job offer in advance of an EAD.  If not it could be more troublesome.  In your favor (but also depending where you live) is high demand for most types of employees at the moment.

I haven't applied for a job in a while but aren't employers only allowed to ask about your work authorization AFTER they hire you? My understanding is employers can not and should not pre-screen potential employees work authorization.

[SusieQQQ 11,584]

2 hours ago, azblk said:

I haven't applied for a job in a while but aren't employers only allowed to ask about your work authorization AFTER they hire you? My understanding is employers can not and should not pre-screen potential employees work authorization.

Why? Employers are legally not supposed to hire people who don’t have authorization so how can they hire first and ask later?

Anyway if that’s the case how come so many job adverts specify applicants have to have work authorization?

 

edit to add from USCIS, bold to make it clear it happens in advance

 

Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.

https://www.uscis.gov/working-united-states/working-us

 

 

Edited February 2, 2019 by SusieQQQ

[eckoin 211]

8 hours ago, azblk said:

I haven't applied for a job in a while but aren't employers only allowed to ask about your work authorization AFTER they hire you? My understanding is employers can not and should not pre-screen potential employees work authorization.

Not quite. Employers are not allowed to ask you what your status is (permanent resident, citizen, refugee, etc.) 

 

They are absolutely allowed to ask if you're authorized to work in the US, and if you require sponsorship to work in the US. Those are the only two questions they can ask with regard to your legal status. This is unless the job requires certain clearance, in which case they can ask if you're a permanent resident or citizen, depending on required clearance requirements. 

 

So they can't discriminate against EAD holders without a green card for a job that doesn't require any special clearance, but they sure can filter out non-authorized workers. 

[azblk 338]

51 minutes ago, eckoin said:

Not quite. Employers are not allowed to ask you what your status is (permanent resident, citizen, refugee, etc.) 

 

They are absolutely allowed to ask if you're authorized to work in the US, and if you require sponsorship to work in the US. Those are the only two questions they can ask with regard to your legal status. This is unless the job requires certain clearance, in which case they can ask if you're a permanent resident or citizen, depending on required clearance requirements. 

 

So they can't discriminate against EAD holders without a green card for a job that doesn't require any special clearance, but they sure can filter out non-authorized workers. 

Take a look at the link below:

https://www.eeoc.gov/laws/practices/inquiries_citizenship.cfm

[eckoin 211]

15 minutes ago, azblk said:

Take a look at the link below:

https://www.eeoc.gov/laws/practices/inquiries_citizenship.cfm

I assume you think that this is splitting hairs, but laws are laws:

 

Federal law also prohibits employers from conducting the Form I-9 and E-Verify processes before the employee has accepted an offer of employment. 

 

There is nothing prohibiting employers from asking whether the potential employee requires authorization or sponsorship. They may not ask the potential employee's immigration status, and that's that. Employers may not, on their own, check potential employee's work authorization status (via E verify or other forms) before hiring them, but they can certainly ask about work authorization. They just can't run the check before hiring. 

 

Kind of like a car dealership can ask you for your credit score and can't just run your SSN through without your knowledge. If you lie about your score and related factors like salary it's on you, you'll just be denied when they run a hard check. It's illegal for them to run a hard check without your knowledge. But it's not illegal for them to ask. 

 

Please link anything that suggests any legal precedent otherwise. This is, for better or for worse, the legal guidance--and I believe it also makes perfect sense. 

Edited February 3, 2019 by eckoin

[azblk 338]

8 minutes ago, eckoin said:

I assume you think that this is splitting hairs, but laws are laws:

 

Federal law also prohibits employers from conducting the Form I-9 and E-Verify processes before the employee has accepted an offer of employment. 

 

There is nothing prohibiting employers from asking whether the potential employee requires authorization or sponsorship. They may not ask the potential employee's immigration status, and that's that. Employers may not, on their own, check potential employee's work authorization status (via E verify or other forms) before hiring them, but they can certainly ask about work authorization. They just can't run the check before hiring. 

 

Kind of like a car dealership can ask you for your credit score and can't just run your SSN through without your knowledge. If you lie about your score and related factors like salary it's on you, you'll just be denied when they run a hard check. It's illegal for them to run a hard check without your knowledge. But it's not illegal for them to ask. 

 

Please link anything that suggests any legal precedent otherwise. This is, for better or for worse, the legal guidance--and I believe it also makes perfect sense. 

You could be right. In my personal experience I have never been asked whether I was authorized to work or not. I am assuming asking about your work authorization is part of the I-9 process and as such is prohibited until you have accepted an offer.

Edited February 3, 2019 by azblk

[SusieQQQ 11,584]

29 minutes ago, azblk said:

You could be right. In my personal experience I have never been asked whether I was authorized to work or not. I am assuming asking about your work authorization is part of the I-9 process and as such is prohibited until you have accepted an offer.

Your personal experience is offset by mine. The plural of anecdote is not law.