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patientguyinlove

EAD Question - Employment pending Green Card

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Filed: K-1 Visa Country: India
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Hi Everyone,
 
Hoping for your thoughts. My wife arrived in the US on a K1 visa and we have completed all necessary steps accordingly. 
We applied for my wife's AOS in June and received her EAD in October.
Recently, she had interviews for positions she was qualified for and was told that she needed a green card before they were willing to provide her employment. One said she had to have an EAD that was valid for two years (or a green card). As far as I know, USCIS only issues an EAD for one year pending acceptance of her I-485, with the possibility to renew if pending expiration prior to completion of the green card process. 
 
I've seen other posts on this topic from years ago, but in light of the current administration, I wanted to share this and wondered if others are facing the same situation.
 
Is this typical?

pa·tient  - able to accept or tolerate delays, problems, or suffering without becoming annoyed or anxious.

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Filed: Citizen (apr) Country: Russia
Timeline

**Moved from Adjustment of Status (Green Card) from K1 and K3 Family Based Visas to Working & Traveling During US Immigration; question is about employment and EAD card**

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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14 minutes ago, patientguyinlove said:
Hi Everyone,
 
Hoping for your thoughts. My wife arrived in the US on a K1 visa and we have completed all necessary steps accordingly. 
We applied for my wife's AOS in June and received her EAD in October.
Recently, she had interviews for positions she was qualified for and was told that she needed a green card before they were willing to provide her employment. One said she had to have an EAD that was valid for two years (or a green card). As far as I know, USCIS only issues an EAD for one year pending acceptance of her I-485, with the possibility to renew if pending expiration prior to completion of the green card process. 
 
I've seen other posts on this topic from years ago, but in light of the current administration, I wanted to share this and wondered if others are facing the same situation.
 
Is this typical?

Sounds like discrimination to me. I can understand though if she is being offered a job that they want fulfilled longer than a year. Pretty sure they cant do that. Legally she can work.

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Filed: Lift. Cond. (pnd) Country: India
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I work as a recruiter and I can tell you that is serious discrimination. I agree with @geowrian They probably didn't understand the rules; however, that doesn't give them the right to do what they did. If that's the way they're going to treat her during an interview process I say good riddance!! She doesn't need to work with a company who will be disrespectful or take advantage of her

06/30/19 - Wedding Day!!

07/17/19 - AOS Packet Mailed

07/19/19 - AOS Received

07/24/19 - NOA1 Date

08/16/19 - Biometric Appt.

09/25/19 - Interview Ready to be Scheduled

10/16/19 - Interview was Scheduled

12/05/19 - Interview Day

 

❤️ From Worlds Apart... to a Lifetime Together!! ❤️

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Filed: AOS (apr) Country: Netherlands
Timeline
12 hours ago, patientguyinlove said:
Hi Everyone,
 
Hoping for your thoughts. My wife arrived in the US on a K1 visa and we have completed all necessary steps accordingly. 
We applied for my wife's AOS in June and received her EAD in October.
Recently, she had interviews for positions she was qualified for and was told that she needed a green card before they were willing to provide her employment. One said she had to have an EAD that was valid for two years (or a green card). As far as I know, USCIS only issues an EAD for one year pending acceptance of her I-485, with the possibility to renew if pending expiration prior to completion of the green card process. 
 
I've seen other posts on this topic from years ago, but in light of the current administration, I wanted to share this and wondered if others are facing the same situation.
 
Is this typical?

I got this question multiple times (are you allowed to work in the US and does your EAD expire)

What I tell them is yes, it does expire BUT 6 months (or so) before expiration I can send a renewal request and USCIS will renew EAD for 180 days if the new card doesn't come in in time and that his process keeps repeating itself till I get a green card OR get a renewed EAD for 1 year. This way I ensure employers there will be no gap in my ability to be legally allowed to work here.

 

Side note: I usually have to explain this to smaller companies that don't deal often with immigration. I'm educating them and up till now got very positive feedback and they're grateful that I take the time to explain it to them.

 

Anyways, as long as the job description doesn't say that the applicant has to be an LPR or USC, they're absolutely not allowed to deny her for the fact that she doesn't have any of those documents, since she does have her EAD. I would advise you to read through the topic I mentioned down here, since it has really good info what to do in case you are 'a victim' of EAD discrimination. 

 

Good luck, hope the company gets educated and she gets the job she wants!

 

 

Edited by C90
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Filed: K-1 Visa Country: India
Timeline
8 hours ago, C90 said:

Side note: I usually have to explain this to smaller companies that don't deal often with immigration. 

Thanks @C90. This employer has 275,000 employees and offices throughout the world. They conducted a review with a legal team of specialists in immigration. I'm shocked this was the conclusion.  Thanks again for your advice. 

pa·tient  - able to accept or tolerate delays, problems, or suffering without becoming annoyed or anxious.

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Filed: K-1 Visa Country: India
Timeline

Hi All,

 

Brief update. My wife is appealing the employer's decision and provided some facts with a soft approach. I'll keep you all updated.

Thank you for everyone's thoughts, concerns and advice. We greatly appreciate all of you.

pa·tient  - able to accept or tolerate delays, problems, or suffering without becoming annoyed or anxious.

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