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Filed: AOS (pnd) Country: Nigeria
Timeline
Posted

Hi everyone,

 

I applied for AOS under marriage last year in Houston and we havent gotten an interview date yet. I got a job offer but the employer wont take me because my EAD expires this August. I have sent them a copy of my receipt notice from USCIS. Does anyone know what I can do about this? Will an info pass session help me.

Posted (edited)

An employer is not permitted to discriminate based on your future working authorization documentation / expiration date of your EAD. If they are claiming to do so, then filing a complaint or discussing it with an attorney may be an option, if you want to pursue that.

https://www.uscis.gov/i-9-central/employee-rights-resources/preventing-discrimination

" Employers must accept any document an employee presents from the Lists of Acceptable Documents, as long as the document reasonably appears to be genuine and to relate to the employee. Employers must not:

...

Refuse to accept a document, or refuse to hire an individual, because a document will expire in the future"

https://www.uscis.gov/faq-page/i-9-central-discrimination

 

You can automatically renew your EAD for 180 days at a time simply by properly filing an I-765 on time. See https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension. Provide a copy of your I-485's NOA1 in lieu of payment.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: AOS (pnd) Country: Nigeria
Timeline
Posted
2 minutes ago, geowrian said:

An employer is not permitted to discriminate based on your future working authorization documentation / expiration date of your EAD. If they are claiming to do so, then filing a complaint or discussing it with an attorney may be an option, if you want to pursue that.

https://www.uscis.gov/i-9-central/employee-rights-resources/preventing-discrimination

" Employers must accept any document an employee presents from the Lists of Acceptable Documents, as long as the document reasonably appears to be genuine and to relate to the employee. Employers must not:

...

Refuse to accept a document, or refuse to hire an individual, because a document will expire in the future"

https://www.uscis.gov/faq-page/i-9-central-discrimination

 

You can automatically renew your EAD for 180 days at a time simply by properly filing an I-765 on time. See https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension. Provide a copy of your I-485's NOA1 in lieu of payment.

Hi, thank you for reaching out to me. I have read the about discrimination but I am afraid that if I file a complaint, it might lead to me being fired for any reason at all.

 

I have also filed for a new I-765 and I am waiting on my receipt.

 

"You will not be able to start until you have proof of US legal right to work now and in the future. After obtained, we can start you if not delayed too long. Thank you and keep me informed with your status."

This is the exact message I got today from the employer.

Posted
Just now, medgirl01 said:

Hi, thank you for reaching out to me. I have read the about discrimination but I am afraid that if I file a complaint, it might lead to me being fired for any reason at all.

They are not permitted to do so, but from a practical sense, that is a valid concern. Your choice if you want to pursue any action.

 

Just now, medgirl01 said:

I have also filed for a new I-765 and I am waiting on my receipt.

The receipt likely won't take long. It may be easier to just wait on that and not push the issue. Personally, that's what I would do (assuming I had a no reasonable way to avoid working for an employer who discriminates), but that's a judgement call if it's worth it or not.

 

Just now, medgirl01 said:

"You will not be able to start until you have proof of US legal right to work now and in the future. After obtained, we can start you if not delayed too long. Thank you and keep me informed with your status."

This is the exact message I got today from the employer.

Hold on to that documentation... ;)

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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