Got an job offer on the phone, but their lawyer...

[JoJoJoJo 170]

Hi Guys,

 

The HR of a company just called and offered me the job I applied for. Now he is talking to their legal department and was advised that it would be difficult for me to convince USCIS to expedite my EAD application, which is apparently not true according to VJ data here. So the HR is a little reluctant to move on even though I ask him to give me a written job offer so that I can request the expedition.

 

I suspect that their lawyer might not be too experienced with K-1 -> AOS cases. I have told him everything from the beginning of the job application. But now what can I do? Please advise... (I suppose I cannot just ask the HR to check VJ as it is not official USCIS.)

 

Thanks!!

 

My EAD application RD is 2017-10-04.

 

 

 

Edited December 28, 2017 by JoJoJoJo

[TNJ17 1,329]

You might wanna rethink the title for this thread. 

[JoJoJoJo 170]

2 minutes ago, TNJ17 said:

You might wanna rethink the title for this thread. 

Oh, just changed the title

[Ebunoluwa 6,136]

You can tell HR to verify with USCIS that a job offer expedite can be done per phone. 

[JoJoJoJo 170]

1 hour ago, Ebunoluwa said:

You can tell HR to verify with USCIS that a job offer expedite can be done per phone. 

Thank you. I will try that. 

[Ebunoluwa 6,136]

I would like to add that something like financial hardship is a criteria on which the expedite with a job offer has to stand.
When you request to expedite on the phone to USCIS you will be asked on which basis.....financial hardship was our reason.
But your HR can just call and ask if it is possible to expedite with a job offer and hopefully not get a newbie who gives wrong information.
Then you take it from there and HR will be happy that it's possible. The process takes about 2-3 weeks, depending on how fast you respond
to their evidence request of the job offer itself and the financial hardship. We submitted a recent car loan, cc statements and a short letter
explaining the situation.

[JoJoJoJo 170]

12 minutes ago, Ebunoluwa said:

I would like to add that something like financial hardship is a criteria on which the expedite with a job offer has to stand.
When you request to expedite on the phone to USCIS you will be asked on which basis.....financial hardship was our reason.
But your HR can just call and ask if it is possible to expedite with a job offer and hopefully not get a newbie who gives wrong information.
Then you take it from there and HR will be happy that it's possible. The process takes about 2-3 weeks, depending on how fast you respond
to their evidence request of the job offer itself and the financial hardship. We submitted a recent car loan, cc statements and a short letter
explaining the situation.

Thanks! I will add that. I am just not sure if he would call USCIS as it is their legal department's job to provide him with legal advice. I am just afraid that he would not go against their lawyer's advice and do his own research with USCIS. We are living on our savings so there would be financial hardship if USCIS keeps not giving me the EAD... Maybe the EAD is on its way to me. I am on 85 day mark and just raised an SR.

 

 

Edited December 29, 2017 by JoJoJoJo

[Ebunoluwa 6,136]

1 hour ago, JoJoJoJo said:

Thanks! I will add that. I am just not sure if he would call USCIS as it is their legal department's job to provide him with legal advice. I am just afraid that he would not go against their lawyer's advice and do his own research with USCIS. We are living on our savings so there would be financial hardship if USCIS keeps not giving me the EAD... Maybe the EAD is on its way to me. I am on 85 day mark and just raised an SR.

 

 

The EAD currently processes in 4-5 months so I hope HR will just make the call. Lawyers don't really handle these matters much and usually
don't feel an expedite would be happening. I know it did for us and numerous other people. It would not hurt the company to just give you the 
job offer and let you handle it, they aren't doing anything wrong and can write the job offer pending EAD approval by such and such date.
(at least 4 weeks out from submitting if the company is ok with that). They are making a mountain out of a mole hill.

[JoJoJoJo 170]

35 minutes ago, Ebunoluwa said:

The EAD currently processes in 4-5 months so I hope HR will just make the call. Lawyers don't really handle these matters much and usually
don't feel an expedite would be happening. I know it did for us and numerous other people. It would not hurt the company to just give you the 
job offer and let you handle it, they aren't doing anything wrong and can write the job offer pending EAD approval by such and such date.
(at least 4 weeks out from submitting if the company is ok with that). They are making a mountain out of a mole hill.

Really  appreciate your advice! I will email him and see what he says. 

 

-- They are making a mountain out of a mole hill.

Exactly!

[JoJoJoJo 170]

Great news! I will be given a written offer!

 

Is it the only thing required to request expedition, right?

 

(And the reason, which is financial loss for us).

 

On 12/28/2017 at 6:55 PM, Ebunoluwa said:

The EAD currently processes in 4-5 months so I hope HR will just make the call. Lawyers don't really handle these matters much and usually
don't feel an expedite would be happening. I know it did for us and numerous other people. It would not hurt the company to just give you the 
job offer and let you handle it, they aren't doing anything wrong and can write the job offer pending EAD approval by such and such date.
(at least 4 weeks out from submitting if the company is ok with that). They are making a mountain out of a mole hill.

I will propose the starting date to be Jan 30, exactly four weeks from now.