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TravelerUSA

EAD Discrimination

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Hi all,

 

Recently accepted a job offer and was given a start date. The day before they tell me I wont be starting as they cannot determine if I am eligible to work with an EAD. It looks like its going towards the company saying that I am not a permanent resident and they will not hire me. Not sure what to do here. Can anyone pass on some advice!!

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20 minutes ago, TravelerUSA said:

Hi all,

 

Recently accepted a job offer and was given a start date. The day before they tell me I wont be starting as they cannot determine if I am eligible to work with an EAD. It looks like its going towards the company saying that I am not a permanent resident and they will not hire me. Not sure what to do here. Can anyone pass on some advice!!

EAD stands for Employment Authorization Document and obviously the company does not know that.  My wife only had her EAD and temporary SSN and she got employment at a national chain employee. 

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3 minutes ago, Highmystic said:

EAD stands for Employment Authorization Document and obviously the company does not know that.  My wife only had her EAD and temporary SSN and she got employment at a national chain employee. 

Exactly, plenty people have been hired so I am not sure what they are getting caught up on. They claim they are now checking company policies.

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9 minutes ago, TravelerUSA said:

Exactly, plenty people have been hired so I am not sure what they are getting caught up on. They claim they are now checking company policies.

https://www.uscis.gov/greencard/employment-authorization-document

 

Wife used to get these robo calls for employment.  "Press 1 if you are a United States Citizen",  which is a violation of law.

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1 minute ago, Highmystic said:

https://www.uscis.gov/greencard/employment-authorization-document

 

Wife used to get these robo calls for employment.  "Press 1 if you are a United States Citizen",  which is a violation of law.

I think because the EAD has an expiration date they think they will need to sponsor me after that date which is frustrating as it can be renewed. Although I will have my greencard in a month or so.

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26 minutes ago, TravelerUSA said:

I think because the EAD has an expiration date they think they will need to sponsor me

The Green Card will have an expiration date.  

 

They need to refer to see the instructions of the I-9 or call e-verify.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

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November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Posted (edited)
35 minutes ago, TravelerUSA said:

I think because the EAD has an expiration date they think they will need to sponsor me after that date which is frustrating as it can be renewed. Although I will have my greencard in a month or so.

That would be an illegal reason for refusal to hire: https://www.uscis.gov/i-9-central/employee-rights-resources/preventing-discrimination

But better to educate them than pursue any sort of enforcement. Save that card as an absolute last resort, if ever.

 

Quote

Preventing Discrimination in the Form I-9 Process

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:

  • Demand that an employee show specific documents
  • Ask to see employment authorization documents before an individual accepts a job offer
  • Refuse to accept a document, or refuse to hire an individual, because a document will expire in the future
  • Refuse to accept a receipt that is acceptable for Form I-9 purposes
  • Demand a specific document when reverifying that an employee is authorized to work

 

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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49 minutes ago, geowrian said:

That would be an illegal reason for refusal to hire: https://www.uscis.gov/i-9-central/employee-rights-resources/preventing-discrimination

But better to educate them than pursue any sort of enforcement. Save that card as an absolute last resort, if ever.

 

 

Thank you. I really hope they figure this thing out.

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