Full Time JOB Offer on EAD

R

Rajesh2008

New Member
Hi Friends:
Please provide your input on my concern.
As EAD is valid for one year only, and we have to keep on renewing.
If you get a full time job offer based on saying that you are eligible to work without sponsorship/H1B. Will not employer should have concern about the EAD expiration date, how can this concern of his be overcome or explained to them, that EAD keep on getting renewed.
Is it possible that they can deny the job because of EAD.

Please let me know if I was not able to explain clearly.
 
EAD is applied by the beneficiary (based on the pending I-485 application). Henceforth it's not employer's headache. However, it's the beneficiary's responsibility to extend the EAD validation in time.
 
That's true, BUT seeing from employers shoe, why they will take a chance on this, what is the gurantee that EAD will get approved? Assuming worst case scenario, Employers will hesistate in offering full time JOB.
Please correct me if I'm missing something.

Anyone ever came across this type of situation, OR any questions faced when you fill I-9 form with EAD expiration dates.

Please share your thoughts, Thanks
 
I do not think they can deny the job due to EAD. On the lighter note, one should not discuss about EAD while being hired.
 
Jira,
Not telling about EAD is simple until the job offer has been made, but when you have to start the job, HR will need you to fill I-9 form (i.e. Employement Eligibility Verification form), in I-9 form you will have to mention EAD A# & its validity period. AT that time someone can raise a question, AND that is what I'm curious & concern about.
May be I'm thinking or concerned too much, BUT the guru's can put some light on this.

Thanks
 
I am not sure if your issue has been resolved or not but if you tell your HR that you need to just renew your EAD every year, they will be fine with it.
If they ask you how far are you from getting your GC, tell them that you in the final stages and the processing time depends on the Immigration center but you are hoping for it to be approved soon. Believe me it work. You just have to be confident when you say that. If you start whining about the whole process etc then you will scare them to death.
Goodluck.

Rajesh2008 said:
Jira,
Not telling about EAD is simple until the job offer has been made, but when you have to start the job, HR will need you to fill I-9 form (i.e. Employement Eligibility Verification form), in I-9 form you will have to mention EAD A# & its validity period. AT that time someone can raise a question, AND that is what I'm curious & concern about.
May be I'm thinking or concerned too much, BUT the guru's can put some light on this.

Thanks
Click to expand...
 
The question is not very clear. If the basis of your EAD is employment based I-485 and you are currently planning for AC-21 - you may have to ask the employer to take over your GC case also.
 
minn_labor Thanks for the Suggestion,

So far nothing has been asked or question, lets see if they come back...

Based on others feedback also, it seems like that this type of situation can be occured and you just have to be ready with your explanations...

Thanks again...
 
Rajesh2008 said:
That's true, BUT seeing from employers shoe, why they will take a chance on this, what is the gurantee that EAD will get approved? Assuming worst case scenario, Employers will hesistate in offering full time JOB.
Click to expand...
Suppose the potential employee is a citizen or GC holder. They can change jobs to anywhere ... what is the guarantee they will stay more than a year?

They are not supposed to inquire on the specifics of your employment authorization before making an offer, other than to ask if you are authorized or not, unless the job is for a US citizen only (and they have to have a legitimate reason for that restriction, but 99% of private sector jobs don't).

Once you are hired, that's when you'll show your EAD. The regulations for the I-9 specifically state that the employer is not supposed to count it against you that the EAD has an expiration date. If they do express any concern, just say you can renew it indefinitely.
 
Hi,
What to tell them (especially recruiters) when they ask upfront about if you are greencard holder? Do we have to tell them that yes we are and take it from there? Answers like "applied for it" and "EAD has to be renewed" do not work. I guess we have to go little far from truth in this case. Any suggestions? I just lost job interview because of this question.
 
power45 said:
Hi,
What to tell them (especially recruiters) when they ask upfront about if you are greencard holder? Do we have to tell them that yes we are and take it from there? Answers like "applied for it" and "EAD has to be renewed" do not work. I guess we have to go little far from truth in this case. Any suggestions? I just lost job interview because of this question.
Click to expand...

You don't say you are a GC holder because you are not. You say that you in the last stages of your Green Card process and have an employment authorization card that allows you to work for any employer in the US without a visa. If they ask you how long the card is valid, tell them you have to renew it yearly. You send in an application and they send you a new card. If they ask you how soon you will get your GC tell them that since you are in the last stage your card could be approved anytime, either today or a couple of months down the road. It hards to tell exactly when because it depends on how soon the Immigration services processes.

Never lie about your status but don't say it in a way that you make them panic and want to select another candidate over you.

Goodluck in your job search and GC Process. I have used the above scenario a couple of times when I was going through the process and it worked everytime.
 
i think employers most concern about the validity of your EAD rather than the length of expiration. Employers usually cares about are you legally eligible for work right away. In my case, I was rescinded for employment today bcuz i'm still waiting for the EAD, I can't provide the permit right away to the company on the first day of work. Their HR told me that I have to have EAD now to start working. But I need to wait til June probably. I was delay in applying for EAD since I quit in Jan. I apply it on March. Too bad!!!
 
Current EAD expiring in May

My current EAD is expiring on May 20th. My renewal application has an receipt date of 27th Feb.

What happends if I don't get my EAD by 20th May? Am I required to quit working until I get it or can I apply for an interim EAD or something else?

Please advise.
 
I think Rajesh2008 concern is a good point to be considered in worst case scenario.

When u are on a permanent job and if you dont get your EAD renewed for some reason , then you have an issue. Also if for some reason your 485 is denied then you are out of status.

To be on the safe side I would renew my H1B before moving to a new employer . It is better to be upfront about ur EAD renewal to the employer so that there are no issues later. (Especially in a recessionary environment , when there are many expected layoffs) . The reality is employers may use EAD issues as an excuse to lay you off.
 
GCInfo78 said:
My current EAD is expiring on May 20th. My renewal application has an receipt date of 27th Feb.

What happends if I don't get my EAD by 20th May? Am I required to quit working until I get it or can I apply for an interim EAD or something else?

Please advise.
Click to expand...

Been there, done that.

Depends on how cooperative your employer is. In my case, I had to take a couple of months of unpaid leave. But other than not getting any money, i did not have any issues resuming my work when I recieved my EAD.
 
mad4gc said:
It is better to be upfront about ur EAD renewal to the employer so that there are no issues later.
Click to expand...
Be up front about it to create issues now instead of later? As long as it is currently valid when they hire you, and it is renewable, by law they are not supposed to care about your EAD expiring. So don't let them know about it until after you're hired. Sure, there's no guarantee of it being renewed. But there's no guarantee of a US citizen staying for more than a year, especially since the US citizen has more job options available.
 
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