URGENT- Denied Employment on EAD

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ps182

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Denied Employment on EAD

I was working for a company in Unit A which owns units A-B & C. I had applied for a transfer; I had an interview with the director in Unit B. They liked me and said that they were happy to have me there. The transfer was approved, but after I made the move to the location of Unit B, I was called by the HR director and told that Unit B does not sponsor H1B. Because of this, I don’t have a job with them. They have 7 positions open.

I mentioned to him that I did have an EAD, and my AOS interview was by the end of the month. I was told that I could send him a copy of it, and he might reconsider his decision, but as of that moment, I don’t have a job with Unit B. He would however discuss the situation ( after verifying my EAD ) with the labor counsel and will then get back to me .

I find this to be unethical and discriminated because of my national origin. I am on a job hunt now , I would like to kick the HR’ Directors ass .

Relocation was not covered , I am without pay now , and I am upset .I had a few arguements with this HR Director when my initial labor certification was filed . He did withdraw the petition , and has never been fair with me .

I have one question. If it is not a federal job, or requires security clearance, can an employer deny a job based on just an EAD?

I found a few resources but how valid is my case ?

http://www.usdoj.gov/crt/osc/
http://www.eeoc.gov/facts/qanda.html
 
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nope, if you have an EAD pending AOS , then you can work for any employer, therefore he is full of bull-shit. I would recommend get a lawyer and file a discrinmination suit. This will settle the assholes.
 
If you were authorize to be transfer to Unit B, how could that happen if the authorize was without the knowledge of the HR director of the unit you were going to be transfer? It is my understanding that they work as different companies, right? Are you able to go back to Unit A? since you were working there originally.

Since you are talking about labor certification...then you were in H1B, if you use your EAD you will loose your H1B and you will be entirely in AOS.


Good luck,
 
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if you are using EAD to work...you can work for whoever damn well you please...you are authorized by the USCIS to work....of course this means you lose H1-B status.....
i don't understand what your HR director or the HR dept has a problem with. Also most federal jobs require you to be a citizen....very rarely do they accept even permanent resident status..and they will say this: you will see under their job requirements "must be US citizen".....does this unit B have such a clause? if not, then i think it is purely discriminatory. you are in a legal status so you have every right to fight for it. also, since THEY are the ones who are keeping you in a pending status after originally approving your transfer, they have to pay you for this time. see if you can get a lawyer to get your 'pending' pay too. don't stress out. don't bother fighting with the HR director anymore, just use the law. and don't let anyone take advantage of you.
 
It is the same HR Staffing Manager . I had a discussion a month back with him and he said that I was responsible for costs related to the H1B transfer .This led to the assumption that H1B's do work there . The transfer was approved by my Manager – and the manager I was to work for . He also told me that he was involved in the process because I was on a H1B .

Unit B does not require security clearance , and you dont have to be a citizen to work there . It is not a federal job .

The Explanation was given to me was this :
Unit B does not sponsor H1B's . He cannot offer me a position . Now that I was termed in the HR system as a Transfer , he could terminate my employment .

He said that I could transfer back to Unit A , but there is no open position . Which also led to his statement that I would have to leave the country as I would be out of status otherwise .

I told him that I had an EAD , and I did not require sponsorship . I also told him that my AOS interview was scheduled for July 27th , after which I would be a permanent resident . He was shocked and said that he would have to consult with the legal dept but he was not going to reinstate me .

I got into an argument with him a few months ago ( before I filed for AOS through my wife ) regarding the labor certification sponsorship through the company . I had paid a law firm representing them $4000.00 for a EB2 sponsorship . They pulled the plug in June 2004 and I did not know about it till Jan 2006 . In March , I gave him a ear full and that pretty much sums it all up .

Now , he denied employment , and wants me to wait on UNPAID leave till his legal dept can get back to him .
 
it sounds to me like they wanted to get rid of you some time ago and came up with this crap. also he can't tell you that just because there is no open position in unit A that you now have to leave the country....because you can still go out there and look for another company that can sponsor you.
another thing is that if they had ok'd the transfer knowing that you were on H1-B, how can they go back on it with the b.s. that they don't sponsor H1-B's???? sue them for false provisions...as you only moved to unit B under the (false) provision that they were sponsoring H1-B's...otherwise you wouldn't have transferred at all....
also, THEY ARE WAITING FOR THE LEGAL DEPT TO GET BACK TO HIM.....that is such total b.s.....you don't EVEN have to WAIT for your interview. YOU HAVE A VALID EAD.....it's an employment authorization..he doesn't have to wait for anything...what are they going to tell him?? that they will employ you because you have permission from the govn to work?? you know that already!!!! they don't have any special clause that tells them they will only take citizens so he doesn't have to wait for anything..the EAD is not H1-B so they can totally take you.....remember: YOU ARE IN A LEGAL STATUS...
it really seems to me that after you gave the guy a ear full, he wanted to terminate you. SUE THE BASTARDS.....and about you not knowing about the EB2 sponsorship (i.e. when they pulled the plug).....go back over the paper work.....if the clause is that you have to be informed...then sue them for also not informing you and taking your money without any results....(like you said THEY PULLED THE PLUG)....or sue them for emotional stress.....i don't know....but get a lawyer asap and find out your rights...
 
Thank You CandyAttitude, BPS & Cherr . Your post has made me feel much better .
He does not have to follow through with the EB2 . My Wife sponsored me after that episode . I have my AOS interview on the 27th , and I should be all set .
I will call him tomorrow , and ask him whatz up ---- If he gives me more crap , He can kiss my ass with the summons I will serve .... Thanks ..
 
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UPDATE : This moron is checking my SSN , my past H1B applications & the A# on the EAD card . HE IS STILL WAITING FOR HIS LEGAL DEPT TO GET BACK TO HIM ......

I was asked to sit back .... and wait .......
 
Just tell him that you are legally authorized to work. And tell him you got your lawyer's hands on deck, summons will be on the way against the company AND against him in civil court.... Bluff him a little.

I was on F-1 EAD, and it expired 1/31/06. But at the same time, my AOS EAD (through marriage) was on its way at the end of January 06. I informed my HR rep in the middle of January 06 that I was approved of AOS EAD, it's up to USCIS to mail me the EAD. All I had was the word from the immigration officer at my DO that I was approved. I told my HR rep that I don't have any proof except what I was told at the DO, and I went on a week of vacation with my wife. I was at Hawaii on 1/30/06 freaking out because my AOS EAD hadn't gotten to my mailbox [I had my best friend checking my mail everyday while we were at Hawaii]. My HR rep worked with me through this whole waiting game, and she told me on 1/30/06, "On 2/1/06, if you don't get your EAD, we will then figure something out." I walked into my office at 2/1/06 WITHOUT my EAD, my HR rep said, "If you don't get it in the mail, call me on my cellphone, we will work it out." I got home on 2/1/06, and my AOS EAD was in the mail.

My employer never gave me shit about my EAD, in fact, I did not fax my EAD to my HR rep until 2/7/06. The point is that AOS EAD lets you work ANYWHERE. Don't let a SOB walk all over you. You got to stand up for yourself and know your rights.

Consult with a lawyer, or two (labor and immigration), and see if you have a case. Labor lawyers love discrimination law suits because there is so much money involved. The consultation might be free. You might get your job back with a little bit of monetary compensation from your company because of that moron HR director from the settlement.
 
Woww , I just got a call only to hear the moron apologize for the trouble . He said that he usually gets things done , but this time around , it has taken time as he did not know that I was authorized to work --( Funny thing was , he asked me if I was speaking with any attorney regarding this , and he said that all he can do , to let me have my job . ) -- . I would join next week at location B .

I am glad things ended up well , but I should look for other options .

Thank you Cherr , Jimmy , CandyAttitude & bps01 .
 
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Well, good that you will get your job...but so you know EAD only give you authorization to work not the right to get employ even if you meet all the requierements (sounds unfair but is the way it is) however his attitude was wrong and fall in the ignorance especially if we are talking about HR issues. Wonder how he get that position...

Now in the other hand each company is different and not necessarily will walk you nicely through the process since actually the manual for the employer is very strict about the time period that the employee must give the documents, saying that I hope that part won't be a pain for you again.

Good luck,
 
Well done PS182... U've got ur job back... Like 2 hear happy endings... and the others who gave u comforting words... WELL DONE!!!!!!!!!!!
 
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