HELP.. Denied a job for not having a GC yet... Is this legal?

[Mollie09 1,543]

4 minutes ago, usmsbow said:

Well yes, but when the GC is denied, the EAD is immediately invalid too. 

Right, because as I said OP is not a permanent resident yet, meaning it's not illegal for them to discriminate based on his status.

[CheeseMonstah 87]

2 minutes ago, Mollie09 said:

Right, because as I said OP is not a permanent resident yet, meaning it's not illegal for them to discriminate based on his status.

Exactly, but doesn't seem like OP wants to listen to reason, and instead wants to validate the thinking that he/she is victim of discrimination.

 

I went thru something kiiiiind of comparable. Went to get my drivers license with my conditional green card. Got a big "TEMP IMMIGR STATUS" printed on it. The logic is that I was not a full fledged PR yet, therefore status could go either way. Though in my example I was a US person, and OP is not.

12 minutes ago, missileman said:

Your best response to say "Thank you" and move on to another opportunity.  If you try any type of legal action, they will just hire you, then find another reason to fire you.....there are only a very few protected classes of employees...race, gender, sexual pref, age, etc.........and millions of legal ways to fire people.

Just my opinion.

This!

[GEOntificator 282]

1 minute ago, CheeseMonstah said:

Exactly, but doesn't seem like OP wants to listen to reason, and instead wants to validate the thinking that he/she is victim of discrimination.

 

I went thru something kiiiiind of comparable. Went to get my drivers license with my conditional green card. Got a big "TEMP IMMIGR STATUS" printed on it. The logic is that I was not a full fledged PR yet, therefore status could go either way. Though in my example I was a US person, and OP is not.

This is not true at all. In fact, the reason I am here is to understand what is really going on. I think I have a better insight now about not being a US person and for not qualifying in the protected category against discrimination. It seems like it is sad but true. I guess I will just wait to get my GC...

[Roel 7,193]

10 minutes ago, Calicolom said:

Air Force Citizens only. Stepson just tried, and was refused.

Nope.

Air Force accepts 10 year green card holders.

 

Citizenship

Enlistment into the U.S. Air Force by citizens of countries other than the United States is limited to those foreign nationals who are legally residing in the United States and possess an Immigrations and Naturalization Service Alien Registration Card (INS Form I-151/551, commonly known as a "Green Card"). Applicants must be between 17 and 27; meet the mental, moral and physical standards for enlistment; and must speak, read and write English fluently.

[usmsbow 802]

8 minutes ago, Mollie09 said:

Right, because as I said OP is not a permanent resident yet, meaning it's not illegal for them to discriminate based on his status.

 

Yes, it is illegal. It is kind of hard to fit in "pending PR application w/approved EAD card" in that table/chart posted earlier. The info below makes it clear that one cannot be discriminated against based on their immigration status (in this case authorized to work, GC application pending). 

 

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

 

 

Versión en español

Preventing Discrimination

The Immigration and Nationality Act prohibits employers from discriminating against individuals based on their citizenship or immigration status, or based on their national origin, in the Form I-9, Employment Eligibility Verification, process. 

[PollyC 119]

1 minute ago, kvito28 said:

This is not true at all. In fact, the reason I am here is to understand what is really going on. I think I have a better insight now about not being a US person and for not qualifying in the protected category against discrimination. It seems like it is sad but true. I guess I will just wait to get my GC...

 

I'm sorry to hear that and its good to know what we gonna face while we looking for work with our EAD.

I think you can just write a thank you letter to Morgan Stanley and mention hopefully you will have the chance to work with them when you got your GC.

[usmsbow 802]

4 minutes ago, kvito28 said:

This is not true at all. In fact, the reason I am here is to understand what is really going on. I think I have a better insight now about not being a US person and for not qualifying in the protected category against discrimination. It seems like it is sad but true. I guess I will just wait to get my GC...

 

I wouldn't give up hope yet. You've provided the I-9 info to the interviewer, who passed it on to HR right? You might want to do a search on VJ too, and read about other experiences. I'm sure there is bound to be at least 1 thread where someone went through a similar problem but was able to ultimately get the job. 

 

 

[CheeseMonstah 87]

7 minutes ago, kvito28 said:

This is not true at all. In fact, the reason I am here is to understand what is really going on. I think I have a better insight now about not being a US person and for not qualifying in the protected category against discrimination. It seems like it is sad but true. I guess I will just wait to get my GC...

In all honesty you probably have a very good shot if you calmly explain the situation to the hiring manager, send a thank you note, and make sure they know this status will only be temporary.

 

Good luck.

[GEOntificator 282]

3 minutes ago, CheeseMonstah said:

In all honesty you probably have a very good shot if you calmly explain the situation to the hiring manager, send a thank you note, and make sure they know this status will only be temporary.

 

Good luck.

I sent the email earlier explaining my situation and thanking the branch manager for the help (He is trying to defend my case and tell HR about my situation). I expressed that this is my dream job and that I would love to have an opportunity to get it. I never made any threats, just gave told about my current immigration situation. We will see what the response will be, but if they say that there is nothing they can do then I will move on and try again after I have GC. 

[CheeseMonstah 87]

2 minutes ago, kvito28 said:

I sent the email earlier explaining my situation and thanking the branch manager for the help (He is trying to defend my case and tell HR about my situation). I expressed that this is my dream job and that I would love to have an opportunity to get it. I never made any threats, just gave told about my current immigration situation. We will see what the response will be, but if they say that there is nothing they can do then I will move on and try again after I have GC. 

This limbo situation sucks, but it'll soon be over.

[GEOntificator 282]

11 minutes ago, usmsbow said:

 

I wouldn't give up hope yet. You've provided the I-9 info to the interviewer, who passed it on to HR right? You might want to do a search on VJ too, and read about other experiences. I'm sure there is bound to be at least 1 thread where someone went through a similar problem but was able to ultimately get the job. 

 

 

No official offer has been made, therefore I was not asked to provide i-9. I went through the final interview and the hiring manager made recommendation to hire me and told HR about my immigration status. HR told him that they cannot hire me...

Edited July 12, 2018 by kvito28

[Crazy Cat 42,228]

5 minutes ago, CheeseMonstah said:

This limbo situation sucks, but it'll soon be over.

Yep.  Another reason CR-1 visas are superior to K-1s and AOS cases.....

[Crazy Cat 42,228]

6 minutes ago, kvito28 said:

No official offer has been made, therefore I was not asked to provide i-9. I went through the final interview and the hiring manager made recommendation to hire me and told HR about my immigration status. HR told him that they cannot hire me...

Unless you have something about not hiring you due to Green Card status, you are out of luck.........

[GEOntificator 282]

5 minutes ago, missileman said:

Unless you have something about not hiring you due to Green Card status, you are out of luck.........

I am not sure what I have anymore, but what I know is that I am not being hired because I am not a PR yet. The hiring manager called me and told me that after his recommendation HR told him that they cannot hire me due to my immigration status... That is all I have.

Edited July 12, 2018 by kvito28

[Ksenia_O 696]

5 minutes ago, missileman said:

Yep.  Another reason CR-1 visas are superior to K-1s and AOS cases.....

Agree. But it does not work if there are children over 18 but under 21. Then K1/K2 is the only option.