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jtrh

How should I communicate my work eligibility status if still waiting for EAD?

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My EAD likely won't be approved till the second half of May, if VJ timeline proves correct. 

 

However, I'm bored out of my mind not working AND there are a few great job opportunities in my field that are open right now. I want to try my hand at applying and using a potential job offer for an EAD expedite. 

 

At the same time, since the field I work in is quite insular, I don't want to stretch the truth about my status and make the expedited EAD sound like a sure thing; this could piss off potential hiring companies in my field in the long run.

 

People who have applied for jobs while waiting for their EAD, how and when did you communicate your complicated status?

 

My worry is if I'm not upfront about it in my resumé, it will be seen as a rude surprise down the line. But if I do reveal that I'm not yet authorized to work in my resumé, I won't receive a single callback from employers... 

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Is this purely out of boredom or out of financial need? If it’s just to find something to do, there are plenty of things you can do that don’t require an EAD such as volunteering to help those less fortunate or animals or something. 

 

Personally, I think it’s best to be upfront with the employer from day one. If you’re good enough and worth the wait and the risk, they will wait for you. Don’t upset them by stringing them along giving them the impression you are able to work immediately or that you are guaranteed to get the expedite - you never know when your paths may cross again. Even if you don’t get the job, you don’t want to burn your bridges also. 

 

I applied for my job before I immigrated. I was upfront that I was awaiting interview for my IR-1 and they were fine with that. They were happy to wait for the right candidate for the job. Once I got my visa I notified them of my planned arrival date in the country and all was good. 


 

 

 

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I haven't applied for a single job that did not ask if I was legal to work in the US, and before I had my EAD I obviously would have had to tick "no". Since it's unlikely you'll get around that question if you apply formally, your best bet is probably if you know someone who can overlook the fact that you don't have your EAD but you're eligible to get one, ie through networking/connections. From what I've seen, this is how people have gotten jobs and expedited their EADs before. Without knowing someone on the inside it might be tough though. Even once having the EAD status, many employers don't exactly know what it means.


Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. I-765/I-131 Renewal Sent: 4/2/2019. NOA1/Received Date: 4/3/2019.

GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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There's not much you can do except hope the employer is smart enough to be familiar with the immigration process and nice enough to write a job offer letter for you to expedite the EAD. Be upfront about your status; you AND an employer can get into major trouble if you are dishonest. Sorry but this is one of the most annoying aspects of the AoS process. You really arent able to do anything until you get that EAD.

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9 hours ago, JFH said:

More food for thought for those still choosing between K-1 and CR-1. Even if money is not an issue, boredom can be a big one. 

@jtrh

 

Maybe I am the single person here who had a good time while waiting for the EAD. I didn't spend too much money, but still found stuff to do. Free museums, meetups, cheap movies during the day, there are a lot of events at public libraries you can attend for free, even classes sometimes...

Also it was nice having a break from work and try to pursue new hobbies and just doing something completely different.

After EAD it's hard to do anything else....

 

To be on topic.

It highly depends on the company if they are willing to talk to you about a possible employment offer before EAD and if they are willing to wait for you. I

My experience is that the first thing they ask if you are authorized to work legally in the US.  Don't lie about that!

I was not actively looking because I knew that the EAD is unpredictable, but since I was networking at various events, I've got invited to submit resumes or talk to hiring managers. Usually the consensus was to let them know when I have the card in hand, because USCIS timelines are unpredictable.

 

Also I didn't want to submit my resume to companies where I wanted to work before the EAD to avoid being filtered out and when I get my EAD to be still ignored because I applied before...Companies has weird ways around here....

 

Maybe your field is different and they do more direct hires and also the company's HR is knowledgeable about immigration.

I was worried of the gap in my resume,  and yes they asked about it, but since I had a good reason (waiting for the EAD) it was not an issue. Be prepared that they might ask or better if you say that during this time, you still kept yourself up to date with what happening in your industry, or reading/learning new stuff related to your job.

 

Edited by ineedadisplayname

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On 2/23/2019 at 10:05 AM, LizM said:

I haven't applied for a single job that did not ask if I was legal to work in the US, and before I had my EAD I obviously would have had to tick "no". Since it's unlikely you'll get around that question if you apply formally, your best bet is probably if you know someone who can overlook the fact that you don't have your EAD but you're eligible to get one, ie through networking/connections. From what I've seen, this is how people have gotten jobs and expedited their EADs before. Without knowing someone on the inside it might be tough though. Even once having the EAD status, many employers don't exactly know what it means.

The Immigration Reform and Control Act forbids an interviewer from asking if you have work authorization before or during an interview. Only after a job offer is made may a potential employer ask about immigration status.

Edited by junkmart

c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

2019-04-22 Interview Notice received via USPS

2019-05-20 Interview: Approved after 82 days.

2019-05-21 Card in production

2019-05-22 Card was mailed to you (no tracking)

2019-05-23 Update that USPS picked up the card (included tracking number). Estimated arrival: May 28

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4 minutes ago, junkmart said:

The Immigration Reform and Control Act forbids an interviewer from asking if you have work authorization before or during an interview. Only after a job offer is made may a potential employer ask about immigration status.

Well in that case every single potential employer I've applied to is breaking the law ;)

 

It's absolutely legal for them to ask if you're authorized to work in the US, and if you will now or in the future require sponsorship, early on in the interview process - virtually all employers ask these questions already at the application stage. Asking to see documents before an offer has been accepted, or preferring certain documents over others (as long as they're accepted for the I-9) is not legal. 

 

Did you maybe mean it's illegal for them to ask specifically if I have an EAD? I'm not well enough informed on previous discrimination cases and their outcomes, because from what I have read so far in the fine print I haven't found any conclusive answer to this. It's definitely happened to me in every single process I've been in that went past application stage however. I have been asked both about the type of document, the expiration date, as well as the reason for holding the document. In my opinion I shouldn't have to answer these questions before an offer has been made, but I also wanted to be accommodating with potential employers. It's not ideal.


Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. I-765/I-131 Renewal Sent: 4/2/2019. NOA1/Received Date: 4/3/2019.

GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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20 minutes ago, LizM said:

Well in that case every single potential employer I've applied to is breaking the law ;)

 

It's absolutely legal for them to ask if you're authorized to work in the US, and if you will now or in the future require sponsorship, early on in the interview process - virtually all employers ask these questions already at the application stage. Asking to see documents before an offer has been accepted, or preferring certain documents over others (as long as they're accepted for the I-9) is not legal. 

 

Did you maybe mean it's illegal for them to ask specifically if I have an EAD? I'm not well enough informed on previous discrimination cases and their outcomes, because from what I have read so far in the fine print I haven't found any conclusive answer to this. It's definitely happened to me in every single process I've been in that went past application stage however. I have been asked both about the type of document, the expiration date, as well as the reason for holding the document. In my opinion I shouldn't have to answer these questions before an offer has been made, but I also wanted to be accommodating with potential employers. It's not ideal.

I believe you when you say you have been asked in all interviews. I included a link to the source government document in my post. I stand by what I wrote.

Edited by junkmart

c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

2019-04-22 Interview Notice received via USPS

2019-05-20 Interview: Approved after 82 days.

2019-05-21 Card in production

2019-05-22 Card was mailed to you (no tracking)

2019-05-23 Update that USPS picked up the card (included tracking number). Estimated arrival: May 28

2019-05-24 I-130 and I-485 Approval Letters received via USPS.

2019-05-29 Green Card in hand.

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39 minutes ago, LizM said:

Well in that case every single potential employer I've applied to is breaking the law ;)

 

It's absolutely legal for them to ask if you're authorized to work in the US, and if you will now or in the future require sponsorship, early on in the interview process - virtually all employers ask these questions already at the application stage. Asking to see documents before an offer has been accepted, or preferring certain documents over others (as long as they're accepted for the I-9) is not legal. 

 

Did you maybe mean it's illegal for them to ask specifically if I have an EAD? I'm not well enough informed on previous discrimination cases and their outcomes, because from what I have read so far in the fine print I haven't found any conclusive answer to this. It's definitely happened to me in every single process I've been in that went past application stage however. I have been asked both about the type of document, the expiration date, as well as the reason for holding the document. In my opinion I shouldn't have to answer these questions before an offer has been made, but I also wanted to be accommodating with potential employers. It's not ideal.

Here is another link from USCIS backing up what I wrote: https://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights

Below is from the link. I've underlined and put in bold the pertinent sentences. I'm not saying that employers DON'T do all of the things listed below, I'm just saying that they are breaking the law when doing so.

Employee Rights

Employers must treat employees in a non-discriminatory manner when recruiting, hiring, firing, and verifying their identity and authorization to work on Form I-9, Employment Eligibility Verification.

Your employer may not

  • Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic. For example, your employer may not:
  • Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your document is fraudulent. For example, your employer may not refuse to accept your U.S. passport because you have limited English proficiency.  
  • Treat you differently than other applicants because you are, or your employer believes that you are, a U.S. citizen or noncitizen. 
  • Ask to see your employment authorization documents before hiring you or before you complete Form I-9. 
  • 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. 
  • Demand a specific document when reverifying that you are authorized to work. You may present any document either from List A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work.

c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

2019-04-22 Interview Notice received via USPS

2019-05-20 Interview: Approved after 82 days.

2019-05-21 Card in production

2019-05-22 Card was mailed to you (no tracking)

2019-05-23 Update that USPS picked up the card (included tracking number). Estimated arrival: May 28

2019-05-24 I-130 and I-485 Approval Letters received via USPS.

2019-05-29 Green Card in hand.

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3 hours ago, junkmart said:

Here is another link from USCIS backing up what I wrote: https://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights

Below is from the link. I've underlined and put in bold the pertinent sentences. I'm not saying that employers DON'T do all of the things listed below, I'm just saying that they are breaking the law when doing so.

Employee Rights

Employers must treat employees in a non-discriminatory manner when recruiting, hiring, firing, and verifying their identity and authorization to work on Form I-9, Employment Eligibility Verification.

Your employer may not

  • Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic. For example, your employer may not:
  • Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your document is fraudulent. For example, your employer may not refuse to accept your U.S. passport because you have limited English proficiency.  
  • Treat you differently than other applicants because you are, or your employer believes that you are, a U.S. citizen or noncitizen. 
  • Ask to see your employment authorization documents before hiring you or before you complete Form I-9. 
  • 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. 
  • Demand a specific document when reverifying that you are authorized to work. You may present any document either from List A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work.

I don't see anywhere that they are not allowed to verbally ask you "are you allowed to work in the US or do you need sponsorship?" How would any employer ever be able to hire you if they have to find out afterwards they have to sponsor you or that you're not allowed to work for the next 2-3 months?

 

Every interview / phone screening I had asked me if I'm legally allowed to work. I say yes and they say wonderful. Don't ask for my EAD, just some info on if it will expire (they don't ask dates) and some companies are not too familiar, so they'll ask me quickly how it works. A lot of companies never worked with immigrants, especially smaller companies.

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On 2/23/2019 at 10:36 AM, jtrh said:

My EAD likely won't be approved till the second half of May, if VJ timeline proves correct. 

 

However, I'm bored out of my mind not working AND there are a few great job opportunities in my field that are open right now. I want to try my hand at applying and using a potential job offer for an EAD expedite. 

 

At the same time, since the field I work in is quite insular, I don't want to stretch the truth about my status and make the expedited EAD sound like a sure thing; this could piss off potential hiring companies in my field in the long run.

 

People who have applied for jobs while waiting for their EAD, how and when did you communicate your complicated status?

 

My worry is if I'm not upfront about it in my resumé, it will be seen as a rude surprise down the line. But if I do reveal that I'm not yet authorized to work in my resumé, I won't receive a single callback from employers... 

Most employers will see on your resume that you're not born in the US (mostly cause your previous experience is prob from France I assume) and will ask if you're legally allowed to work. At that point you have to inform them that you're awaiting EAD. Most companies don't want to hire someone that they have to wait for, but if you have a special skill that's hard to find they might be willing to wait until you get your EAD (even expediting takes weeks). 

 

You could post your resume on job sites, but don't get your hopes up. Every phone screening / interview I have had up till now asked me if I'm allowed to work in the States (I already have my EAD)

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5 minutes ago, C90 said:

I don't see anywhere that they are not allowed to verbally ask you "are you allowed to work in the US or do you need sponsorship?" How would any employer ever be able to hire you if they have to find out afterwards they have to sponsor you or that you're not allowed to work for the next 2-3 months?

 

Every interview / phone screening I had asked me if I'm legally allowed to work. I say yes and they say wonderful. Don't ask for my EAD, just some info on if it will expire (they don't ask dates) and some companies are not too familiar, so they'll ask me quickly how it works. A lot of companies never worked with immigrants, especially smaller companies.

You are talking about something else entirely. We are in the K1 visa forum. You mention employers asking if a potential hire will need sponsorship. That is a different visa category.

 

Please reread what I posted from USCIS.

Again, I'm not saying this didn't happen to you, or that it doesn't happen to people all the time. Still doesn't make it right, or legal.

 

 


c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

2019-04-22 Interview Notice received via USPS

2019-05-20 Interview: Approved after 82 days.

2019-05-21 Card in production

2019-05-22 Card was mailed to you (no tracking)

2019-05-23 Update that USPS picked up the card (included tracking number). Estimated arrival: May 28

2019-05-24 I-130 and I-485 Approval Letters received via USPS.

2019-05-29 Green Card in hand.

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Just now, junkmart said:

 

You are talking about something else entirely. We are in the K1 visa forum. You mention employers asking if a potential hire will need sponsorship. That is a different visa category.

 

Please reread what I posted from USCIS.

Again, I'm not saying this didn't happen to you, or that it doesn't happen to people all the time. Still doesn't make it right, or legal.

 

 

Nope, talking about the exact same (EAD

 

I came here on K1 last year and am going through the AOS process. Just got my EAD, so I know the process.

 

The company that calls/interviews you wants to know if you're legally allowed to work in the US. A lot of companies will ask "are you legally allowed to work in the US OR do you need sponsorship?" I'm aware that sponsorship is a completely different visa.

 

How are employers supposed to know if you're allowed to work in the US if they are not allowed to ask this question verbally up until the moment they give you an offer? They usually have a lot of applicants, it would cost a company a lot of time and money if they find out afterwards that you're a big waste of their time cause you can't even work for them at that moment.

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I previously worked as a Hiring Manager, and we used Indeed often to post job openings. One of the options you can choose through Indeed as a requirement that applicants must answer Yes/No to is "Are you legally authorized to work in the U.S.?" This is also a common question on any basic job application.

 

You are not allowed to ask if a potential applicant is a U.S. citizen, unless the job requires citizenship (some government positions, for example). You cannot discriminate based on immigration status, and you cannot ask for documentation of status prior to an employee accepting an offer of employment. 

 

Asking if a potential employee is authorized to work is not discrimination because hiring an employee that does not have authorization is illegal. However the employer cannot ask for proof of said authorization until after the offer is made and accepted. That is the important distinction.

 

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

 

https://www.uscis.gov/i-9-central/penalties

Edited by beloved_dingo

K1 to AOS                                                                               AOS/EAD/AP

03/01/2018 - I-129F Sent                                                   06/17/2019 - NOA1 Date  

03/08/2018 - I-129F NOA1 (new site)                              ##/##/2019 - Biometrics
09/14/2018 - I-129F NOA2 

10/16/2018 - NVC Received

10/21/2018 - Packet 3 Received

12/30/2018 - Packet 3 Sent

01/06/2019 - Packet 4 Received

01/29/2019 - Interview Date - APPROVED!

02/05/2019 - Visa Received

05/17/2019 - U.S. Arrival

05/24/2019 - Married ❤️ 

06/14/2019 - Mailed AOS Packet
 

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