Job offer and EAD

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LCSilence

Registered Users (C)
I just got a fabulous offer from a great company. I am on EAD right now, my I485 has been pending at VSC for over 2 years due to FBI name check, now retrogression.

The company want to know my eligibility for the job. I am supposed to work on EAD, why they need to check eligibility? They want copies of LC, I-140/I485 filings etc. My LC is for software engineer. My job title will be Software design engineer. Can I still use AC-21? And the company will be at NSC. So will VSC still ajudicate my case or it will be transferred?

Thanks
 
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LCSilence said:
The company want to know my eligibility for the job. I am supposed to work on EAD, why they need to check eligibility?
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The only thing they need to verify your eligibility is a copy of your EAD.

They want copies of LC, I-140/I485 filings etc.
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That's nice.

My LC is for software engineer. My job title will be Software design engineer. Can I still use AC-21?
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Seems "same or similar" to me.

And the company will be at NSC. So will VSC still ajudicate my case or it will be transferred?
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cannot say.
 
LCSilence said:
I just got a fabulous offer from a great company. I am on EAD right now, my I485 has been pending at VSC for over 2 years due to FBI name check, now retrogression.

The company want to know my eligibility for the job. I am supposed to work on EAD, why they need to check eligibility?
------------- with EAD you are eligible to work, show EAD and copy of SSN
They want copies of LC, I-140/I485 filings etc.
----------- why they want LC, I-140, I-485 filing???? they are not supposed to ask this. request them to contact Company immigration lawyer and they should know that EAD is for work( Employment authorization document)
My LC is for software engineer. My job title will be Software design engineer. Can I still use AC-21?
---------------- for AC21 you need same/similar job duties, USCIS does not care about title
And the company will be at NSC.
So will VSC still ajudicate my case or it will be transferred?
-----------99.9% VSC will approve IF you dont request the file transfer from VSC to NSC and you should not do it.
But you should update your NEW address on pending I-485 by writing to VSC
Thanks
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Is the geographic location a concern in AC21 case?

Ginnu,

Do I need to worry that the new job is in a total different area from LC specified location?

Thanks,
 
HR told me I cannot start to work until I am cleared by Legal department

I was so confused by the HR department. They request all kinds of document from me like passport pages, labor applications, I-140 application etc. And told me that it took legal department a couple days to authorize me to give notice to my current employer. And also said aftwards, it may take a month to get my visa processed.

Isn't weird? I thought all I needed is the EAD. Am I still on visa?
 
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LCSilence said:
I was so confused by the HR department. They request all kinds of document from me like passport pages, labor applications, I-140 application etc. And told me that it took legal department a couple days to authorize me to give notice to my current employer.
---USCIS has already given you work Authorization by approving your EAD, cant they read what is written on EAD??


And also said aftwards, it may take a month to get my visa processed.
--------------What kind of Visa they are talking?

Isn't weird?
---------i will run away from them
I thought all I needed is the EAD.
-corect
Am I still on visa?
---------- what Visa? you are on AOS pending
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Remind them of the requirements for form I-9, and that they may be violating the law by insisting on more documentation than the EAD.

http://uscis.gov/graphics/howdoi/faqeev.htm
The employer may accept any List A document, establishing both identity and work eligibility, or combination of a List B document (establishing identity) and List C document (establishing work eligibility), that the employee chooses from the list to present (the documentation presented is not required to substantiate information provided in Section 1). The employer must examine the document(s) and accept them if they reasonably appear to be genuine and to relate to the employee who presents them. Requesting more or different documentation than the minimum necessary to meet this requirement may constitute an unfair immigration-related employment practice.
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I have already faxed them my approved LC, I-140 approval and I-485 receipts. The recruiter said they could not decide on my start date and start the relocation process until the legal department review my files. I have explained to her that I don't need a visa. She insisted the legal department should have the final answer.

In the offer letter, they mentioned they are going to cover the cost to get employment authorization for me.

Is there any damage done by faxing them the LC, I-140 approval? Now I regret it. The recruiter seems really clueless. My intention to send them these documents was because I may need them to provide employment verification letter for my final green card approval in case there is a RFE.

Thanks,
 
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Get a lawyer to send them a letter saying that what they are doing is unnecessary and possibly illegal if they don't accept the EAD promptly, along with form I-9 and its instructions.

What do you mean they are going to cover the cost of your employment authorization? You already have that authorization! And if it's renewal they're talking about, you can do that on your own.

Revoke the G-28 from the lawyers of your current company, then the RFE's (if any) will come directly to you. At that time you can then obtain verification of employment to respond to the RFE. They don't need the I-485 etc. before you are hired. Anyway, probably no harm if they already have them.
 
The recruiter said the documents she requested from me are the documents they ususally request for a H-1B transfer. However, I don't need and want to be on H-1B. She doesn't seem to get it. She just insist that it may take a month before I can start because that is the time needed to get a H-1B approval.

Are there any disadvantage of being on EAD instead of H-1B? Are there any reason that company doesn't want to take a person on EAD?

I am tired of explaining to her. Probably just wait to hear from the legal department, and what the legal department is going to tell me?! I hope the legal department is not going to be as clueless as the recruiter? I don't understand why she doesn't trust me? Why I want to jeopadize my employment because of stupid work autorization issue?!
 
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Get the lawyer to send a letter to the recruiter and whoever else needs to have it. It'll cost you just $50-$100 and because it's from a lawyer they won't ignore it or withdraw the offer because of it. As the I-9 instructions says, if you are already authorized to work they cannot choose what type of authorization. Waiting a month to start would jeopardize your employment even more, as during that time something could happen that makes them implement a hiring freeze.

There are a few advantages to maintaining H-1 status. For example, if you get married you can bring your spouse immediately on H-4, but with EAD and no H-1 you'll have problems doing that if your case is retrogressed. You can also travel without Advance Parole if you have an unexpired H-1 stamp (provided you haven't already used your EAD for anything, which would violate the H-1 status). But do the H-1 with them only if YOU want to, not because THEY want to.

Disclaimer: I am not a lawyer, but you need to find one fast.
 
LCSilence, If you are not sure about similar job duties or you don't feel to trust them, I suggest you should stay at the same company without worrying about anything and get your gc, then you can switch to another job 6 months later. If you want to work at another company right away, talk to your lawyer to make sure if it is safe (there could be risks - are you sure job duties at your company is similar to your job duties based on AC-21 rules? What if you are called to come for a GC interview? what if UCIS send you notices at wrong address, too high salary/too low salary vs your salary that is mentioned in labor certificate, etc. I have seen many cases)

Some companies don't know about immigration stuff. Some companies employ illegal immgirants. Some companies don't want to violate any immigration laws.

Good luck and Congratulations on your job offer.
 
The company extended me the offer is Microsoft. They should be immigratin savy. I guess I just wait for the legal department answer first. I hope I won't get the answer that they cannot hire a person who is on EAD. The Recruiter did say they don't have problems to sponsor my GC if I want it.

I am caught in retrogression. So there is no time frame that I will get my GC and my current job is not going well.
 
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Sounds like you're not talking to the company directly, and communication is going through the clueless recruiter who is distorting information and talking about H-1. Somehow you need to get through the message that you want them to hire you now based on EAD. Do they even know you already have an EAD? Did they even see your EAD or a copy of it? The recruiter probably can't tell the difference between an EAD and a pizza.
 
Your EAD is your work authorization. That's the whole purpose of an EAD. As long as the new job is similar to the approved LC and your I-485 has been pending for more than 180 days, you can apply the AC21 Act and take the job. The employer is obviously concerned anout violating any laws, which they should be commended for as they obviously are an employer with integrity, but they seem clueless about immigration such as EAD and AC21, so bring some print-outs from the USCIS website about EAD and AC21 to show them, or hire an immigration lawyer for an hour ans ask him to write a summary of what an EAD and AC21 are.
 
Do you think it is safe for me to give notice to quit at this point? My current employer seems to sense I am leaving, the working condition become unbearable.
 
LCSilence said:
Do you think it is safe for me to give notice to quit at this point? My current employer seems to sense I am leaving, the working condition become unbearable.
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You do not need to hire attorney or any one. Send them the Copy of EAD. Do not even explain them or do not talk about the immigration matters. If they have questions they will ask you. You can give them explanation and ask them to contact their Labor attorney for further clarification. Just write You Do not need the sponsorship.

Microsoft has lot of people who are working on EAD. No need to worry.
 
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