When can I receive or accept a job offer

[Gary Whitfield 0]

Hi,

I am waiting for my EAD and in the meantime, I have been notified of a job offer. My EAD was applied for over 65 days ago but there is nothing as yet. In the meantime, I know I can expedite the process by showing the job offer, but the company are holding it back until I have the EAD.

Is there a legal reason why HR stopped me having the job offer in advance? Obviously I have been without pay for over three months and I am wishing to secure the best position as soon as possible.

Thank you for any advice.

Gary

[Unlockable 7,314]

You can certainly accept a job OFFER. But you won't be able to start work until you have official approval aka the EAD.

[f f 725]

congrats on the offer. not sure if this qualfies but I would assume not having your ead would qualify for severe financial loss of they receded the offer if it took too long. so you could ask for expedited processing on it.

[Gary Whitfield 0]

Yes... I am requesting expedition. But the company don't want to email me the offer until I have the EAD. I am trying to figure if they can actually send it to me or not.

Without their offer in hand I cannot expedite. I requested information on pay, but they refused to tell me. I just want to make sure they are being fair to me and for me to earn money as soon as possible.

Thoughts?

[Ash.1101 1,756]

If they don't want to give you a job offer until they are 100% sure you will be able to work, that's on them and nothing you can do. You can receive an offer at ANY time, but not all jobs are willing to offer to those who can't work yet.


Edit: it looks like you applied for AOS, just didn't update your timeline.

The timer on your EAD -can- restart, with an RFE on the AOS. But again, if the company doesn't want to even give you an offer until your actually able to be hired, that's on the company. You can tell them it'll make you be able to be hired faster, but it won't make a difference if they don't want too.


Did you send back the RFE information? You can put in a service request online for your EAD after 75 days have past, and see where it's at.




This goes into one of the issues that most people don't talk about, or ignore, or brush off. Most job applications ask if you're legally able to work, a lot of people here say yes because they expect EAD. Companies may be a little mistrusting to someone who says, yes I can work, and then go "once I get a document saying I can!". Questions such as "Are you legally able to work in the US?" doesn't mean, in the future or the past, it means at the moment of application.


You'll want to make sure that the job even is going to hold the position for you, it's possible that since you aren't employable, that they will pass the job onto someone else.

Edited November 9, 2016 by Ash.1101

[f f 725]

ask them to send you a letter stating they will make you an offer but before officially extending you the offer they need proof of work authorization.

[Gary Whitfield 0]

OK... that kinda helps. I spoke with UCSIS concerning the RFE and was told that because the EAD is a different application. But expediting it would speed it up.

I guess if I can arrange for them to send the job acceptance directly to the USCIS that would help for expedition?

I worked for the employer in the UK and this was the next best thing to a transfer. They wont give it to toehrs, but surviving further with no income is gonna be difficult.

[Ash.1101 1,756]

You don't want it to be called Job Acceptance letter, as they CAN'T accept you until you are legally able to work. The letter needs to be an offer, nothing more. Basically, it'll just say that they would like you to work for the company, for X pay, starting upon the time you are legally able to work, pending background checks, yadda yadda, formal legalities.



You may be able to have them send it to USCIS, but normally I thought it was sent to you and then you sent the request to be expedited along with the offer letter. They'll need your case number and such to do it themselves though.

And yes, the no working part is hard. It's why a lot of people do spousal instead of K-1. While it's more time apart while married, it allows the spouse to come in and work the day they come into the country if they want too.

Edited November 9, 2016 by Ash.1101

[Ebunoluwa 6,136]

OK... that kinda helps. I spoke with UCSIS concerning the RFE and was told that because the EAD is a different application. But expediting it would speed it up.

I guess if I can arrange for them to send the job acceptance directly to the USCIS that would help for expedition?

I worked for the employer in the UK and this was the next best thing to a transfer. They wont give it to toehrs, but surviving further with no income is gonna be difficult.

No, you send the job offer (not acceptance) in with whatever case numbers, request to expedite letter etc...., don't have them send it

or it will get lost.

[Pitaya 2,577]

~Moved from K1 Process to Working and Traveling During US Immigration Forum~

~Inquiry about EAD, past K1~