Freaking out

[Marieke H 2,320]

He needs to talk to HR and explain the situation. 

 

You know that there are separate case numbers for the I-485 and EAD and AP, right? Are you sure you aren't just mixing those up? His EAD could be approved, while his I-485 isn't. 

 

Did his employer check eVerify before he started? If that check came back without issues, his EAD must have been approved. Then you just haven't received the card yet.

 

If you are 100% sure that his EAD has not been approved, have him ask HR for a job offer letter. Then call USCIS and request to expedite the EAD.

[arken 4,197]

24 minutes ago, mydas28 said:

kindly read my suggestion properly. I said the OP's spouse should ask for an extension on his joining date rather than resigning. If the EAD is already approved, there is no point in expediting.

I had already read it, may be you need to read yours own suggestion again... OP is asking about the expedite and your suggestions is for approved EAD. OP is asking for the expedite because it’s pending.
 

31 minutes ago, mydas28 said:

If the combo card is already approved, just tell your spouse to the talk to the HR and have his joining date extended by 2 weeks. I am sure they will be able to accommodate that request in these special circumstances.

 

Edited March 10, 2020 by arken

[Marieke H 2,320]

22 minutes ago, Pooley said:

USCIS does not approve EAD expedite request unless you have a real emergency other than job loss. You will have to provide documents to prove your claim. The final decision to expedite the request rests with USCIS.

 

Just read that👆. So will just asking for it to be expedited for the basis of having a job offer not work?

Where did you read this? Having a job offer is a valid reason to request an expedite. You'd choose the "financial loss" category when they ask under which category you are requesting the expedite. 

[EnglishLove 112]

1 hour ago, Mike E said:

He accepted a job yesterday and is working? What document did he use for the I-9?

They never asked for the I-9. They asked for his social. I'm going to ask if they can do a job offer and just send it in for it to be expedited. 

[Lemonslice 4,563]

5 minutes ago, Pooley said:

They never asked for the I-9. They asked for his social. I'm going to ask if they can do a job offer and just send it in for it to be expedited. 

How legitimate is that employer?

 

Did he fill any paperwork?  Direct deposit forms, W4?  

Edited March 10, 2020 by Lemonslice

[EnglishLove 112]

1 minute ago, Lemonslice said:

How legitimate is that employer?

 

Did he fill any paperwork? 

It's legitimate. He filled out w-4's and everything. It's a construction job. 

[Lemonslice 4,563]

1 minute ago, Pooley said:

It's legitimate. He filled out w-4's and everything. It's a construction job. 

He might want to reach to HR and explain that while he's still interested, he's going to have to wait for his EAD.  

 

[Loren Y 2,732]

1 hour ago, NikLR said:

He will have to not work until his EAD (not his AP, that is advance parole) is approved to work.  Not just approved but have the card.  They can't do his I-9 without it and an I-9 must be done by first day of work. 

Not exactly 100 percent true. Depending on the employer. My wife received her EAD approval notice on a Saturday in the mail, she went to the HR department at the job she had pretty much lined up a few weeks before on Monday Morning, She went back Tuesday to begin Orientation, and on the job training. The orientation, and job training was UNPAID, and would take 4-5 days to complete. She did orientation for 2 days ( Tuesday, Wednesday) The training on ( Thursday) Her card itself showed up in the mail on Thursday afternoon, and she took it with her to work on Friday, and that is when she filled out the I-9 and all the other actual forms for her actual paid employment to begin on Monday. They technically are not required to fill out the I-9 until you are actually on the payroll, and actually they could probably wait until the end of the pay period when payroll needs to be processed.

Looks like in this case the OPs spouse began a paid job without EAD ( Maybe not, depends on how the job was set-up) but even according to the instructions on the form, it doesn't need to be completed until the first day of compensated work, I will copy and paste below....

 

  The verification can be completed before the employee begins work for pay; The latest — three days after the new hire's first day of work for pay, unless the employee will work for fewer than three days; for them, you must verify no later than the first day of work for pay.

[jmn1012 25]

1 hour ago, Pooley said:

They didn’t ask for his I-9, only his social. 

This may get messy. He needs to speak with the his employers today, explain the issue and ask for options.

He cannot even work for "free" to my knowledge.

Perhaps he can take the any vaction he does not have yet to hold over???

[geowrian 22,335]

59 minutes ago, Marieke H said:

Where did you read this? Having a job offer is a valid reason to request an expedite. You'd choose the "financial loss" category when they ask under which category you are requesting the expedite. 

Well, technically no reason - valid or invalid - is needed to request an expedite. One only needs to choose a category and make the request.

 

Needing an EAD alone is not sufficient reason to have an expedite request granted, under the current USCIS guidelines. I both understand that it was not always that way and that some people have an expedite granted with seemingly/possibly only that reason stated.

That said, here's the current expedite criteria (note that it is part of the policy manual now): https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

See the footnote that was added for financial loss: "The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.". This basically says that needing an EAD to work, without other factors, is not a reason to have the expedite approved.

 

As such, one approach would be to focus not just on the job but, for example, on why the job is required for financial stability.

A counterargument is that they have a sponsor who should be providing this already. But we've seen it approved despite this as well.

 

42 minutes ago, Pooley said:

It's a construction job. 

Not that unusual that they aren't following verification requirements. Oh well...they're the ones that pay the consequences if caught here.

 

Edit: Also, always just wait for the darn card to arrive (or at least the paper notice). The USCIS tool is only a courtesy, not the official holder of one's actual case status.

Edited March 10, 2020 by geowrian

[Carpe Vinum 2,310]

People ask for expedites and are approved based on job offers all the time. Many stories on here.

[ineedadisplayname 443]

3 hours ago, Pooley said:

Long story short, somehow I had the wrong case number and it showed my AP case was approved on the 11th of February. Turns out my husbands actual case is still pending however he just accepted a job yesterday. We had called immigration twice yesterday and they said it was approved, however, that was for the wrong case. This morning we called back and got the correct case number. What do we do? How much trouble can he get for working and how to do I speed that process up?

The I-9 is a "dangerous" form. Because you can claim to be a US citizen and that is a no no. You can be denied AOS and kicked out of the country. 

Was there an I-9 at all? In construction work there are a lot of illegal work so they might not as a lot of questions and pay cash....

 

Also I don't see how can they fill that out the I-9. Does your husband have a state id or us drivers licence? 

 

 

[NikLR 13,220]

2 hours ago, Pooley said:

It's legitimate. He filled out w-4's and everything. It's a construction job. 

Sounds a little like he's a subcontractor not a w2 employee? Without an I-9 I wouldn't work for that company.  He needs to look at and sign the I-9 and make sure it doesn't say he's a USC.  He can use an SSN and his driver's license, but his SSN should say something about only being valid with DHS work authorization.

Previous unauthorized work will be forgiven but should be mentioned. 

[NikLR 13,220]

2 hours ago, Loren Y said:

Not exactly 100 percent true. Depending on the employer. My wife received her EAD approval notice on a Saturday in the mail, she went to the HR department at the job she had pretty much lined up a few weeks before on Monday Morning, She went back Tuesday to begin Orientation, and on the job training. The orientation, and job training was UNPAID, and would take 4-5 days to complete. She did orientation for 2 days ( Tuesday, Wednesday) The training on ( Thursday) Her card itself showed up in the mail on Thursday afternoon, and she took it with her to work on Friday, and that is when she filled out the I-9 and all the other actual forms for her actual paid employment to begin on Monday. They technically are not required to fill out the I-9 until you are actually on the payroll, and actually they could probably wait until the end of the pay period when payroll needs to be processed.

Looks like in this case the OPs spouse began a paid job without EAD ( Maybe not, depends on how the job was set-up) but even according to the instructions on the form, it doesn't need to be completed until the first day of compensated work, I will copy and paste below....

 

  The verification can be completed before the employee begins work for pay; The latest — three days after the new hire's first day of work for pay, unless the employee will work for fewer than three days; for them, you must verify no later than the first day of work for pay.

I always make sure it's filled out before they do any work.  Training and orientation should be compensated.  Since I've had employees leave after a day of work (god only knows why, my front desk job is easy enough for a monkey) I wouldn't risk ever not having that I-9 done correctly and signed. 

[Loren Y 2,732]

Just now, NikLR said:

I always make sure it's filled out before they do any work.  Training and orientation should be compensated.  Since I've had employees leave after a day of work (god only knows why, my front desk job is easy enough for a monkey) I wouldn't risk ever not having that I-9 done correctly and signed. 

I agree, most jobs training and orientation is a compensated thing, but she signed a letter of conditional employment based on completion of a successful orientation and training that she would NOT be compensated for. Trust me, I was skeptical at first not wanting to risk an issue down the line, but I consulted a Labor lawyer ( a real labor lawyer, not glen lerner or some clown like that) and all was on the up and up. While your company obviously doesn't do things that way, it is in no way illegal or wrong to do it the way they did. According to the lawyer many telemarketing companies and the like do this for the exact reason you stated, people leave after the first day of work, and if you completed an I-9, or didn't have the conditional employment letter signed you would have to pay the employee for that 1 day( A lot of work to add someone to payroll for 1 day of work, you have to pay unemployment insurance, collect state, local, federal taxes, you will then be on the hook for providing a W-2 for that employee in January, etc. etc.) I can go on and on, but you know I'm sure everything that you have to do to hire a new employee, and honestly in the end it will end up costing the company more for paying that employee for 1 day than it would to have paid them for a week.

You wouldn't risk it, that is your choice, but not the only option. I myself would more than likely not take a job with uncompensated training or orientation, but someone that has been sitting on the couch for 6 months waiting for an EAD approval notice would probably risk a day or 2 without pay to finally have a job. I am not condoning working for free in any way, and in my wife's case we had the approval notice in hand, card on the way ( Had tracking information and everything) so I think it depends on the situation and the employer.