HELP NEEDED - EAD Expedite based on a pending job offer

[Eugeniekk 1]

Hi there - I have read many threads regarding this topic but haven't seen one similar yet.  

 

I'm on F1 right now (did not apply for OPT) and my PD is 7/19.  Did biometrics on 8/13.  I have a pending job offer from a pretty big company, but their policy does not allow them to give out official offer until they see a valid EAD.  All I have now is the email from the director sent on 8/6:

Quote

Thank you for coming in and interviewing with us last Thursday.  We are very eager to move forward with the offer for our XXX position.  I understand you have applied for EAD about a month ago.  We will need you to obtain EAD before we can move forward.  We can only hold the position open for a short period of time, so please expedite the process before we need to fill the position with another candidate.  Please advise what is your latest situation.

This is a dream job for me.  I'm trying to be a data analyst and it's been super hard for the job hunting, since I had an accounting background and there are barely any entry level job opportunities in my area (DC metro).  The positions here either want you to be a USC or have many years of experience, or both.  I'm blessed to have this opportunity that allows me to utilize my accounting background and develop data analytics skills.  

 

Should I try to expedite my EAD based on this written email?  If not what options (if at all) do I have.  USCIS has updated the I-765 processing time from 2.5-5 months to 3.5 to 5.5 months now.  I'm very worried that they might withdraw the offer if it's taking too long (I've noticed even some Feb/March filers still haven't received their combo).  I can't prove severe financial lost for the company (since it is so big), and I can't prove it for myself either.  I have seen a post saying a past due internet bill worked but that was a post from 2 years ago. 

 

I'm wondering if anyone is/was in the same boat with me.  Any advice?  Any thoughts are welcome!  Thank you in advance!

 

Edited August 28, 2019 by Eugeniekk

[geowrian 22,335]

37 minutes ago, Eugeniekk said:

but their policy does not allow them to give out official offer until they see a valid EAD

Their policy is a violation of law: https://www.uscis.gov/i-9-central/employee-rights-resources/preventing-discrimination

Quote

Employers must accept any document an employee presents from the Lists of Acceptable Documents, as long as the document reasonably appears to be genuine and to relate to the employee. Employers must not:

• Ask to see employment authorization documents before an individual accepts a job offer

That said, it's better to educate than force anything. Being pushy (e.g. "but you can't do that!") obviously won't end well.

(I would note they said "obtain" not "show", but it's effectively the same thing)

 

The financial loss is the loss of the job opportunity. That said, evidence of them wanting to hire you is the challenge here. The email is the best you have for now, but something in writing on official letterhead would be better IMO, and a job offer is preferred.

[aznhouston 124]

Many companies flat out deny a candidate that is on EAD even though they know you're in the process of AOS. I encountered a lot and I do understand your frustration.

Bringing up legal fight is not a good idea because they can't hold a position for too long due to business need. Since your PO is in July, don't expect to get the card at least until late November/ early December. I had the same problem last year when the company gave me the offer in early October and I told them about my situation that it will take 4-6 months to get the EAD, so they gave me a start date mid-January. If you want to expedite, a job offer won't do the job. It has be be more urgent than that. The company has to write a letter saying they really need you there and the position is hard to fill which in your case is not. It's hard for you to find that job, but in this time and day, it's not too hard to find a data analyst at entry level.

So, be very transparent to the company. Send them the email explaining the situation and ask if they are willing to write the letter for you so that you can get the EAD expedited. Tell them you want to have a start date of somewhere in January and that you will start sooner if your request for expedition is accepted.

If they are not willing to help, go find another job. Don't ever bring up legal fight because there are so many ways an employer can disqualify you. Be sincere and transparent. Send tons of evidence that you are in the process of AOS and send some link on the uscis about the timeline for EAD. Tell them you only have to finish the I9 on the first day of work.

[RandyW 149]

One company I worked for (Baker Hughes Houston)  had a similar situation with a new hire (a nuclear physics PhD). They gave him a laptop and a hotel room in Beijing to work from until his green card came through.

 

A lot depends on what the company's legal department thinks is the "right" thing to do.

[TBoneTX 43,058]

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