Jump to content

10 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Spain
Timeline
Posted

Hi guys,

 

I was wondering if anyone had any insight on this matter.

I got a job offer from a federal funded company. When speaking to the HR rep he asked me what my status was and I told him that I'm pending my green card but that I have my employment authorization card and I am able to work in the US (I came with a K1). Apparently they need to do a background check through the Federal Government, and he wasn't 100% sure if my pending status was gonna be a problem or not. Are there any exceptions on what company you can work for with your EAD? On the job listing it only stated that "Must be authorized to work in the US" it didn't say anything that you had to be a resident/green card holder. Is there any chance that I would fail the background check for this reason in particular?

 

Thanks in advance!

Filed: K-1 Visa Country: Wales
Timeline
Posted

Some jobs require you to be a citizen

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

u can always apply the job, usually if they required citizen only, they will posted on their requirement 

 

i have my EAD since 2018 and never had issue with the background check. obviously i also didnt apply if the company looking for a citizen to fill the job 

 

hope u will get it 

Edited by Misscloud
Posted

It should not matter whether you are work-authorized through and EAD or green card, as long as you are authorized to work. The only exception are jobs that require US citizenship, but that is always stated very clearly in the job requirements, and it does not sound like this is the case for this particular job.

 

I had to educate my employer and the HR person on what an EAD is during my hiring process; especially if a company does not have a lot of experience hiring immigrants they may not fully understand what an EAD is.

 

The background check is about criminal history, not your status in the US.

Filed: K-1 Visa Country: Spain
Timeline
Posted
52 minutes ago, Marieke H said:

It should not matter whether you are work-authorized through and EAD or green card, as long as you are authorized to work. The only exception are jobs that require US citizenship, but that is always stated very clearly in the job requirements, and it does not sound like this is the case for this particular job.

 

I had to educate my employer and the HR person on what an EAD is during my hiring process; especially if a company does not have a lot of experience hiring immigrants they may not fully understand what an EAD is.

 

The background check is about criminal history, not your status in the US.

Thank you very much, Marieke.  Yeah the job offer did not state any citizenship requirement like other postings I've encountered. The only thing that made me a little nervous is that it was a federal company.

Posted

Where I work we have many defense contracts so the company bound by ITAR regulations.  We are only allowed to hire "US Persons" which I think is only permanent resident or US Citizen.  

Wife and Stepdaughter                                                                            

  • December 17, 2020:  Married in Costa Rica
  • March 08, 2021: Filed l-130s Online
  • March 09, 2021: NOA1
  • April 26, 2021: NOA2, I-130s Approved
  • April 30, 2021: NVC Received
  • May 01, 2021: Pay AOS and IV Bills
  • May 06, 2021: Submit AOS, Financial Docs and DS-260s
  • May 14, 2021: Submit Civil Docs for Stepdaughter
  • May 21, 2021: Submit Civil Docs for Wife
  • June 25, 2021: NVC review for Stepdaughter, RFE submit additional Doc
  • July 08, 2021: Wife Documentarily Qualified by NVC
  • August 31, 2021: Stepdaughter Documentarily Qualified by NVC
  • September 15, 2021: Received Interview Date from NVC, October 05, 2021
  • September 22, 2021: Passed physicals at Saint Luke's Extension Clinic
  • October 05, 2021: Interview at US Embassy Manila. Verbally approved by US Consul. Positive interview experience.
  • October 05, 2021: CEAC status changed to "Issued"
  • October 07, 2021: Passports tracking for delivery on 2GO Courier website
  • October 08, 2021: Passports with visas delivered.  "Visas on hand"
  • October 08, 2021: Paid Immigrant Fee
  • October 12, 2021: Temporary CFO Certificates Received
  • October 26, 2021 POE arrival at LAX
  • November 02, 2021 Social Security Cards arrive in mail
  • January 31, 2022: USCIS Status changed to "Card Is Being Produced"
  • February 04, 2022: USCIS Status changed to "Card Was Mailed To Me"
  • February 07, 2022: Green cards received. 

 

Posted

Some HR reps don't know how the correct questions to ask and some of us trying to be helpful make matters worse.

I have lost a couple job opportunities like that.

 

Normally, you are asked if you are authorized to work in the US.

Some jobs will hire only US citizens, others Legal permanent resident (LPR).

I have heard of some that will only hire you only if all your immediate family are US citizens.

 

Married via K1 visa with pending green card application makes you a LPR.

Posted
On 2/24/2022 at 5:32 PM, randy32 said:

Married via K1 visa with pending green card application makes you a LPR.

 

...with approved green card application makes an immigrant a LPR.  Applicants with pending AOS are not LPR, but may still be authorized to work if they have a valid EAD.

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...