Organization wont hire EAD..

A

aussienyc

New Member
I have been in the US for almost 6 years. I initially came on an L1b, and last year I applied for Greencard after marrying my wife who is a US citizen. I Filed I485 and it is currently pending at the New York field office. I have been working in my current position on my EAD that I received last July. I have recently extended my EAD and I am good until July 2009.

I recently applied for a job which went very well. I mentioned during the interview that I have almost got my greencard, and that I am eligible to work using my EAD. I have a friend on the inside, and they told me that I basically got the job after the interview. I was called earlier this week and was told that they were moving forward with my application and that they just needed to verify my employment eligibility documents before making an official offer. I sent through copies of my EAD’s. I might add that this is a high paying Civil servant position in NYC. I Found out today from my inside friend that HR are not wanting to hire me because I have an EAD. The group wanting to hire me are working to see what other options there are and are pushing them to move forward anyway.

Is this legal? I feel that this is discrimination. There own disclaimer on the Job Ad that I applied for states that they provide employment opportunities without regard to alienage and citizenship status?? They havent officialy told me anything, however my friend works with the manager of that group.

Has anyone else been in this situation?

Any advice?

Thanks

:confused:
 
Its possible. Even a friend of mine was denied county job because of EAD. Usually they prefer atleast permanent resident.

aussienyc said:
I have been in the US for almost 6 years. I initially came on an L1b, and last year I applied for Greencard after marrying my wife who is a US citizen. I Filed I485 and it is currently pending at the New York field office. I have been working in my current position on my EAD that I received last July. I have recently extended my EAD and I am good until July 2009.

I recently applied for a job which went very well. I mentioned during the interview that I have almost got my greencard, and that I am eligible to work using my EAD. I have a friend on the inside, and they told me that I basically got the job after the interview. I was called earlier this week and was told that they were moving forward with my application and that they just needed to verify my employment eligibility documents before making an official offer. I sent through copies of my EAD’s. I might add that this is a high paying Civil servant position in NYC. I Found out today from my inside friend that HR are not wanting to hire me because I have an EAD. The group wanting to hire me are working to see what other options there are and are pushing them to move forward anyway.

Is this legal? I feel that this is discrimination. There own disclaimer on the Job Ad that I applied for states that they provide employment opportunities without regard to alienage and citizenship status?? They havent officialy told me anything, however my friend works with the manager of that group.

Has anyone else been in this situation?

Any advice?

Thanks

:confused:
Click to expand...
 
Sometimes, in EB cases for example, an EAD is only temporary. If the 485 is denied for any reason, the EAD is immediately invalid and hence some employers might not wish to hire an EAD person for fear of losing an employee.
But you're FB and married to a US citizen. It's pretty much guaranteed that you'll get your GC, unless there is fraud involved.
Try to talk to HR and see what their objections are and if you can present proof that they will be addressed.
 
The company I worked for (public corp, over 10,000 emp's), had an HR policy of not hiring ppl w/ EADs, unless the hire happens as part of an M&A. Don't know why.
 
Thanks

Thank you for your responses. I went to USCIS this morning to check up on my case. They told me it is being held up as i had a previously approved I140. Aparently, the local USCIS office had requested information from one of the service centres after my interview and it came to a halt. Probably another 60 days to approval. All I can do now is cross my fingers that the HR department will allow me to start. ugh.. so annoying
 
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