Jump to content

randomstairs

Members
  • Posts

    665
  • Joined

  • Last visited

Reputation Activity

  1. Like
    randomstairs reacted to BritAbroad2015 in Discrimination EAD Card   
    Wow.... the worker hotline moves fast.
    A lady called me and said she spoke to my employer and they will be offering me the job. She said she told them they couldn't not hire me because it was an EAD. She also said importantly, if I were to receive any retaliation from the company once I start there then I should contact them and gave me her direct number.
    I have yet to receive the phone call from my employer to re-offer me the job.... hoping this comes soon. I'd hate to say that this process has left me a little skeptical. But here's hoping I receive a call from my future employer.
    Its nice to know that we do have some sort of protection when things like this happen.... we all play by the rules and sacrifice a lot to be with our spouses. I gave up a job I loved back home and whilst the process on getting a job here in the USA hasn't been hiccup free... I'm hoping this to be the end of the saga.
    I really appreciate everyone's feedback, it gave me the confidence to not roll over and accept this. I would encourage anyone who stumbles upon this thread if you are experiencing a similar situation then call the worker hotline and get them to help. I'm sure a call from Washington DC as opposed to me explaining an EAD definitely held more weight with the HR team.
    Thanks once again!
  2. Like
    randomstairs reacted to BritAbroad2015 in Discrimination EAD Card   
    Thanks Carl&Ellie. That's really helpful. I haven't actually filled out my I-9 yet as I was meant start this upcoming Monday.
    I called the Worker Hotline: 1-800-255-7688 which I found at this website: http://www.justice.gov/crt/about/osc/ provided my VJ users.
    I spoke to a very helpful lady who said it was a grey area, but shes going to call my employer to see if she can explain the EAD card in more detail. But she did say no promises.
    No response from the employer yet, I've emailed and left a voicemail.
    I'm just very baffled by the whole situation... I've done everything by the book. Didn't even start applying for jobs until I had EAD. And now it seems kind of a "worthless" document if it turns out they can refuse me for having it. Especially with no notice in the job description or when I interviewed.
    Really hope I get somewhere with this.
  3. Like
    randomstairs reacted to ExPatty in Discrimination EAD Card   
    Another link for you, this from the US Justice Department asserting the same:
    http://www.justice.gov/crt/about/osc/htm/engperliwdiss.php
    " Employers may not refuse to hire refugees and asylees because their work authorization contains a future expiration date."
    BTW, I hope that what you have from your HR department is written. In fact, before you go back to them ask them to email you or write a letter about why they are doing this. Otherwise, if you go guns blazing they may come up with another excuse, so you need to ensure they specify in writing why they cannot hire you. Unfortunately PA is not a one-party consent state for audio recording, so recording a phone call won't be sufficient/legal for you to do.
    Oh looky what I found:
    http://www.employmentmattersblog.com/2015/01/beyond-u-s-citizens-and-lawful-permanent-residents-are-other-classes-of-individuals-legally-authorized-to-work-protected-from-employment-discrimination/
    This case matches yours precisely, found for the plaintiff.
    Please don't lose a job because your company is breaking the law and you don't bother telling them they are. Best of luck!
    And:
    http://www.eeoc.gov/laws/types/nationalorigin.cfm
    But as I said, the company--if they didn't tell you this in writing--can subsequently pretend they don't want you for any reason at all. I don't trust HR very much. This is why if possible you get something from them in writing, so that you can then throw this back at them. Otherwise, they could say you're "not a good match" or whatever, and the real reason gets lost in the murk.
  4. Like
    randomstairs reacted to TabeaK in Discrimination EAD Card   
    I would not drop this! Fight for your rights, it is the only way to make a difference!
    Network with a few other employees of this company, preferably someone in HR who has decision power - e.g. via linkedin. Ask to speak to the supervisor of the person who is discriminating against you. Depending on what company it is, try using social media to get in touch - PR issues can have a strong impact.
    Find a lawyer as a backup.
    I would not let them off the hook!
    Good luck.
  5. Like
    randomstairs got a reaction from Highrise in Help! Got an RFE on my EB-2 NIW application   
    NIW cases are very counter-intuitive and it's best to seek advice from an attorney who specializes in them. I'm going through the process now and here are a few mistakes you seemed to have made (to my amateur understanding):
    1) Too much evidence. You don't need that many letters. You need to minimize the number of letters, limiting them only to the specific claims in your petition letter. Three reasons for this are: a) The more letters you have the more holes they can "poke", the more potentially unsupported statements there are. b) many letter make it harder to find just the evidence that you refer to in your petition letter, and c) you look desperate with so many letters. 3-6 strong letters, directly supporting your claims will do. Also, the letters don't have to be from important or famous people. Best letters show that you helped to advance your field and those often come from new researchers, gard. students, post-docs, etc.
    2) Citations. Citations are best evidence for the impact of your work. Your petition letter should be referring to specific citations where other researchers utilized your work. The value of citations depend on where they are used (best is Methods sections of peer-reviewed papers).
    3) You have to make a case that your work is of national scope (not localized), outstanding (only present evidence that puts you in 10th percentile of citations, impact factors, etc) and that it is against the national interest for you to apply for labor certificate. So, again, only present evidence to support these 3 points and NOTHING else.
    Best luck with your RFE or with new filing.
  6. Like
    randomstairs got a reaction from TBoneTX in Help! Got an RFE on my EB-2 NIW application   
    NIW cases are very counter-intuitive and it's best to seek advice from an attorney who specializes in them. I'm going through the process now and here are a few mistakes you seemed to have made (to my amateur understanding):
    1) Too much evidence. You don't need that many letters. You need to minimize the number of letters, limiting them only to the specific claims in your petition letter. Three reasons for this are: a) The more letters you have the more holes they can "poke", the more potentially unsupported statements there are. b) many letter make it harder to find just the evidence that you refer to in your petition letter, and c) you look desperate with so many letters. 3-6 strong letters, directly supporting your claims will do. Also, the letters don't have to be from important or famous people. Best letters show that you helped to advance your field and those often come from new researchers, gard. students, post-docs, etc.
    2) Citations. Citations are best evidence for the impact of your work. Your petition letter should be referring to specific citations where other researchers utilized your work. The value of citations depend on where they are used (best is Methods sections of peer-reviewed papers).
    3) You have to make a case that your work is of national scope (not localized), outstanding (only present evidence that puts you in 10th percentile of citations, impact factors, etc) and that it is against the national interest for you to apply for labor certificate. So, again, only present evidence to support these 3 points and NOTHING else.
    Best luck with your RFE or with new filing.
×
×
  • Create New...