Need advise on Name check and working on EAD

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NeedAdvise

Registered Users (C)
I don't know where to find this information and I am very confused. I have a new job offer at a large MNC company who only hire citizens, permanent residents, refugees, asylees or temporary residents under Immigration and reform Control Act of 1986.

My (derivative) I-485 is still pending and in security check. Is it legal for me to join on I-485 based EAD? Or is it perjury as I fill out I-9 form? Am I not technically in any category mentioned above? My green card details are below:


Primary applicant - Husband
Category - EB1
04/06 - I-140 applied
5/06 - I-140 approved
10/06 - I-485 filed
02/07 - Husband's I-485 approved
12/06 - RFE for my birth certificate
02/07 - Responded to RFE
no LUD since Feb, since RFE response recieved. Infopass setup last month 7/21 and informed am in security check.
 
NeedAdvise said:
I don't know where to find this information and I am very confused. I have a new job offer at a large MNC company who only hire citizens, permanent residents, refugees, asylees or temporary residents under Immigration and reform Control Act of 1986.

My (derivative) I-485 is still pending and in security check. Is it legal for me to join on I-485 based EAD?
-----you can work with EAD, if you have EAD first go to SSA office and get your SSN card

Or is it perjury as I fill out I-9 form? Am I not technically in any category mentioned above? My green card details are below:


Primary applicant - Husband
Category - EB1
04/06 - I-140 applied
5/06 - I-140 approved
10/06 - I-485 filed
02/07 - Husband's I-485 approved
12/06 - RFE for my birth certificate
02/07 - Responded to RFE
no LUD since Feb, since RFE response recieved. Infopass setup last month 7/21 and informed am in security check.
Click to expand...

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Thank you Ginnu - but I already have a SSN - I was on F1 -> H1B -> L2 (with EAD) then applied as dependant for Green Card.

However, since my husband's I-485 was approved in feb, I went ahead an interviewed with this company, assuming (wrongly !! :-( ) that I would have mine shortly. So, now - I have an offer but no I-485 ----- the company only hires if I an a permanent resident - so with the I-485 pending but husband's approved - am I a conditional permanent resident or not?
 
NeedAdvise said:
Thank you Ginnu - but I already have a SSN - I was on F1 -> H1B -> L2 (with EAD) then applied as dependant for Green Card.
----if you have SSN then OK
However, since my husband's I-485 was approved in feb, I went ahead an interviewed with this company, assuming (wrongly !! :-( ) that I would have mine shortly. So, now - I have an offer but no I-485 ----- the company only hires if I an a permanent resident - so with the I-485 pending but husband's approved - am I a conditional permanent resident or not?
-------------------you are PENDING AOS status not a conditional permanent resident your I-485 is Pending . if the comany hires only permanent resident then at this time YOU are not permanent resident.
Click to expand...
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No, you're not a permenant resident yet and can't work at that company if it's their policy. Even if you wanted to do the perjury by filling a I-9, it wouldn't work, because the company is legally required by I-9 to have you present your green card if you said you had one.
 
Madison04 said:
No, you're not a permenant resident yet and can't work at that company if it's their policy.
Click to expand...

She might not be able to work, but she can probably get more money out of them via a discrimination lawsuit. Unless they have a legal reason to not employ non-PRs, they cannot arbitrarily discriminate against someone who is authorized to work without sponsorship.
 
By law, the company cannot ask me to show the green card - the I-9 Form requires showing one document that proves I am eligible to work (could be gc, EAD, or even SSN) and another for identity (drivers license, passport, state ID).

It asks whether I am (under penalty of perjury):
A permanent Resident -
Permanent Resident (alien) and asks for A #
An alien authorized to work until_____

Then should I be checking the box for Alien or permanent resident with A # ?
 
NeedAdvise said:
By law, the company cannot ask me to show the green card - the I-9 Form requires showing one document that proves I am eligible to work (could be gc, EAD, or even SSN) and another for identity (drivers license, passport, state ID).

It asks whether I am (under penalty of perjury):
A permanent Resident -
Permanent Resident (alien) and asks for A #
An alien authorized to work until_____

Then should I be checking the box for Alien or permanent resident with A # ?
Click to expand...

Based on your example (the company template), it seems that they do offer employment to someone like you ("an alien authorized to work until ___"). So if I were you, I would certainly mark that option. If they have an issue with your status as far as company policy, they will have a chance to review the form and will raise the issue with you.
 
I was simply trying to make a point by saying that you could filled an I-9 with false information. Don't do that!!! The monent you sign your name and claim you're a permanent resident, you commit perjury, which will probably come back and haunt you at the worst time and get your 485 denied. You never know.

My wife filed a driver's licence form in MA many years ago, which happens to have a voter's registration section in the same form. She didn't fill that part, but still there was a record linked her DL number to voter's registration. Based on this, the USCIS denied her 485, asked her to leave US within 60 days, and barred her from applying for GC forever, because voting is only allowed for citizens. We fought the case and proved them wrong. They reopened and approved her case later. However, if you committed a perjury and if they ever found it out, they will deny your case or revoke you GC. Don't do that. No amount of money is worth it.

So, try to explain to them your situation and see if they're flexible with this PR requirement. Most companies do this simply to avoid having to sponsor H-1B. If that's the case, they may be OK with your AOS status.
 
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TheRealCanadian said:
She might not be able to work, but she can probably get more money out of them via a discrimination lawsuit. Unless they have a legal reason to not employ non-PRs, they cannot arbitrarily discriminate against someone who is authorized to work without sponsorship.
Click to expand...

TheRealCanadian,

What legal reasons can a company have, do you know?
 
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