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patientguyinlove

EAD Question - Employment pending Green Card

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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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**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**


03639.png                  

 🇷🇺  ♥  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸  Read about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad 👩‍❤️‍👨
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 closing in March 2019.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

??-???-2019: TBA...

 

 

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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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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


06/26/18  -  I-129F sent to CSC

06/28/18  -  USCIS signed for I-129F

07/03/18  -  NOA1 hard copy

12/03/18  -  NOA2 electronic

12/10/18  -  NOA2 hard copy

12/14/18  -  NVC received case

12/19/18  -  NVC issued case number

01/08/19  -  NVC in transit

01/10/19  -  Case received at Mumbai Embassy

03/07/19  -  Interview Date (221g given for "Proof of Relationship")

03/18/19  - 221g evidence submitted

 

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

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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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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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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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