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Discrimination EAD Card

By BritAbroad2015 in Working & Traveling During US Immigration

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PauPau Enthusiast

PauPau   71

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Wow what a very informative thread! Thank you for sharing your experience! You should have seen me react when I read your victory -- feels like I won the lottery or something LOL! I am just so happy for you. I guess maybe because I will start applying for jobs soon that's why.. perhaps I was imagining as if I was in the same situation.

Congratulations again and hopefully you are enjoying your new work!!

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BritAbroad2015
BritAbroad2015

Wow.... the worker hotline moves fast. A lady called me and said she spoke to my employer and they will be offering me the job. She said she told them they couldn't not hire me because it was an EAD.

BritAbroad2015
BritAbroad2015

Hey everyone, So 5 minutes ago I received an email advising that the company will proceed with my employment. They seemed to be relatively apologetic and thanked me for my patience. So in conclusion

Trenz
Trenz

Just some quotes from this thread in case you had not read them: "I recently accepted a job offer and have been through the drugs screen and reference check. These have all come back successfully."

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BritAbroad2015 Explorer

BritAbroad2015   61

Posted
Filed: K-1 Visa Country: United Kingdom
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Hi everyone,

Thought I'd update you on this story. I've now been with the company in question for a month and so far so good. I even got an apology from HR who apologised for their ignorance. So definitely a summary of this experience would be that the law is there for a reason and dont let lack of information be the reason you dont get a job!! My boss actually said to me he enjoyed seeing HR squirm through the process.... so it turned out to be a laughable matter. Never thought I'd say that.

Any questions on this, please dont hesitate to get in touch.

Thanks again for the continued support throughout this thread.

Now I've just got the fun of figuring out my tax rate as I'm still waiting for my green card. I've read online this means I cant file as a married couple? Any one know about this?

The visa journey continues.... :-)

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TBoneTX Grand Master

TBoneTX   45,266

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thanks for the positive new update. See the "Tax & Finances" forum for possible answers to your question.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 1 month later...
The Conqueror Community Regular

The Conqueror   47

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Hi everyone,

Thought I'd update you on this story. I've now been with the company in question for a month and so far so good. I even got an apology from HR who apologised for their ignorance. So definitely a summary of this experience would be that the law is there for a reason and dont let lack of information be the reason you dont get a job!! My boss actually said to me he enjoyed seeing HR squirm through the process.... so it turned out to be a laughable matter. Never thought I'd say that.

Any questions on this, please dont hesitate to get in touch.

Thanks again for the continued support throughout this thread.

Now I've just got the fun of figuring out my tax rate as I'm still waiting for my green card. I've read online this means I cant file as a married couple? Any one know about this?

The visa journey continues.... :-)

This thread is very enlightening. Thank you for sharing it to us. And kudos to all who gave encouragement and support. I may not be in the same situation but this will be a great help to those who will encounter the same situation.

N-400 (Online - Seattle Field Office)

(00days) 2018-10-01 Filed ONLINE - received Payment Confirmation the same day - paid by Credit Card

(04days) 2018-10-05 Received NOA by mail

(05days) 2018-10-06 Received email - Biometrics appointment is scheduled

(09days) 2018-10-10 Check my online account and my Biotmetrics Notification is attached and available

(11days) 2018-10-12 Biometrics (fingerprinting) completed - Walk-in no problem; saved 2 weeks (Original appointment date is Oct. 26)

(436days) 2019-12-11 I am US Citizen now!!!

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Villanelle Experienced

Villanelle   4,122

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Filed: Timeline
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YAY! I was hoping you would post back with a positive update. And uggh you are worried about taxes already?? Its not even close to tax time! I do agree though you can advance prepare by looking through the tax forum but its not that active right now. Give it a few months and again Im so very happy for you.

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  • 1 month later...
NNRGFDG Newbie

NNRGFDG   0

Posted
Filed: EB-1 Visa Country: Andorra
 Timeline
Posted

Seems like someone doesn't know the rules and their boss/ corporate might be more reasonable and not want to have potentially broken the law.

casesam.co.uk

ourcase.co.uk

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  • 6 months later...
randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted

Sounds like a clear cut-case of status discrimination. I'm glad that you fought it and won. Thanks for the valuable info.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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  • 3 months later...
MeAlone Rising Star

MeAlone   161

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Country:
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Congrats! Nobody should be discriminated in US.

And yes, you can file as a married couple your taxes if you are married or will be this year and if you have your Social Security number which I assume you have, EAD and working. Good luck! We need working people in America, thank you for your job

Tasha

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Natonstan Rising Star

Natonstan   129

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I wanted to add my own experience to this, going back two years when I first got my EAD, I applied for a job through this company (The company I'm still working for to this day). I had the interview/background check, everything was going perfect, then they asked for my EAD when I went in for the first day, they hadn't a clue what it was and I actually got sent home and asked to go to the SSN and get a document from them stating my SSN number and name to prove my card and everything was legit assigned to myself.

I emailed them the documents and it literally took them a whole month, I was starting to apply for other jobs, knowing full well in the back of my mind that it surely must be illegal for them to turn down my EAD card. Then randomly one day I got a call to say they would accept it and I was hired... whether HR did their own research and found they couldn't turn it down or what, i'll never know but I just wanted to share my own experience.

-K-1 Timeline-                                                                                         -ROC Timeline-
Visited girlfriend first time - 07/20/13                                                    Sent - 12/16/16
I-129f Filed - 08/04/13                                                                              NOA 1 - 12/19/16
NOA1 - 08/20/13                                                                                       Biometrics - 01/27/17
Visited girlfriend second time - 09/10/13 - 09/30/13                       Card Production - 6/14/18
RFE - 08/28/13 (parental consent from courthouse)                        Card in hand - 6/21/18
NOA2 - 11/05/13
Visited girlfriend third time - 11/14/13                                           -Citizenship filed Dec 13th 2018-
Case Shipped to NVC - 12/16/13                                                       Biometrics - Jan 3rd, 2018
NVC Case number - 12/26/13                                                            Interview - September 27th 2019 (Approved!)
Sent to London Embassy - 12/27/13                                                Oath - October 31st 2019 (Journey finally OVER!!)
DS - 160 Sent - 05/01/14
Readiness Form Sent - 06/01/14
Medical - 01/09/14
DS Forms & Medical Received By Embassy - 01/14/14
Interview - 02/13/14 APPROVED!!
CEAC Issued - 02/19/14
Visa in hand - 02/24/14
POE: Newark - 02/25/14
Married - 03/22-14

-AOS Timeline-
Filed - 04/16/14
NOA1 Email - 04/24/14

NOA1 Letters - 04/28/14

Biometrics Appointment - 05/19/14

RFE - 04/16/14

EAD Card Production - 07/03/14

EAD In Hand - 07/11/14

Potential Interview Waiver Letter - 07/29/14

Approved! - 03/16/15 (Took Almost 11 months total)

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  • 1 year later...
csk2b1 Contributor

csk2b1   44

Posted
Filed: AOS (apr) Country: Scotland
 Timeline
Posted
On 7/28/2015 at 10:33 PM, BritAbroad2015 said:

Hi everyone,

Thought I'd update you on this story. I've now been with the company in question for a month and so far so good. I even got an apology from HR who apologised for their ignorance. So definitely a summary of this experience would be that the law is there for a reason and dont let lack of information be the reason you dont get a job!! My boss actually said to me he enjoyed seeing HR squirm through the process.... so it turned out to be a laughable matter. Never thought I'd say that.

Any questions on this, please dont hesitate to get in touch.

Thanks again for the continued support throughout this thread.

Now I've just got the fun of figuring out my tax rate as I'm still waiting for my green card. I've read online this means I cant file as a married couple? Any one know about this?

The visa journey continues.... :-)

Hi! Any further update? Still working for the same company? Do you have your green card?

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  • 4 weeks later...
TBoneTX Grand Master

TBoneTX   45,266

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The OP hasn't logged on to VJ for 20 months.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 2 years later...
Ontarkie Grand Master

Ontarkie   14,218

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

~~Please use this thread for information. Start a new thread for any discussions needed.~~

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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