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Bjorno

Job offer before Work permit

By Bjorno in Adjustment of Status from Work, Student, & Tourist Visas

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Bjorno Newbie

Bjorno   0

Posted
Filed: AOS (pnd) Country: Sweden
 Timeline
Posted

Hello,

I recently got married to an American and I am currently going through the process of becoming a permanent resident. I had my biometrics appointment last week.

My issue right now is this: My OPT expires the last day of May, and according to my lawyer I should not expect my work permit to arrive until July. However, I have been interviewing with a company for a entry-level position and they are in the process of putting together an offer to me. The question was raised today by their recruiter (who didn't know) if they are legally allowed to extend an offer during the time that I have no work permit.

Does anyone know? Can a US company extend a job offer to soemone who does not have a work permit at the time (provided that I don't start until I have the permit of course)

I will be grateful for any replies.

Bjorn

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

They can extend it to you but you can't accept it until you have your EAD.

I would get a written job offer in hand and schedule and Infopass appointment and request an expedite on your EAD. Not guaranteed but doesn't hurt to try.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Yes, they can offer. But you can't work until you have the EAD or your AOS is approved, whichever comes first.

I say whichever comes first because my EAD and green card arrived in the mail (in separate envelopes) on the same day.

If you take a look at my timeline in my signature you can get an idea of how long it took between biometrics and EAD approval.

For me it was about a month a half after biometrics to get the physical cards.

You could give your future employer an estimated start date that is a few weeks beyond that (as long as they are ok with that).

Good luck!

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
United1878 Contributor

United1878   1

Posted
Filed: Citizen (pnd) Timeline
Posted

The fact is that, you can't work without permission anymore especially now that you've filed. It will be illegal for you to begin working now and the company could also get in a lotta trouble with the government. Like someone said, see if they can make a written job offer to you then try to see if USCIS can expedite your EAD... hopefully they are able to expedite it for you so you don't miss this job opportunity.

Much luck to you!

3/21/2012 (Day 0) - I-130, I-485 and I-765 sent.

3/23/2012 (Day 1) - Delivered to USCIS.

3/27/2012 (Day 5) - E-Notification that paperwork received.

3/28/2012 (Day 6) - One check for $1,490 cashed & cleared for I-130 and I-485.

4/02/2012 (Day 11) - NOA hard copies received (x3), case status available online & bio appt. also received, dated 04/12 @ 8:00 AM.

4/10/2012 (Day 19) - Case status online says changed to RFE received.

4/12/2012 (Day 21) - Successful biometric done.

5/11/2012 (Day 50) - Complete RFE (I-864) received. Case status online changed to RFE received.

5/16/2012 (Day 55) - Online case status says: Card/ Document Production.

5/21/2012 (Day 60) - Online case status says: Card picked up by USPS.

5/24/2012 (Day 63) - EAD card in hand.

6/12/2012 (Day 82) - Testing and Interview.

7/12/2012 (Day 112) - Interview date!

7/12/2012 (Day 112) - Approved.

 
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