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Old 01-06-2004, 05:48 PM   #1 (permalink)
Darkie
 
Posts: 77
Default Re: Slightly OT : Working with a k1 EAD.

This is a general question, as i dont have my visa yet. However i will
fly in though JFK once i do and hope i get an EAD stamp.



My question is, for those who have worked with this 90 day limitation,
how did you tell your employer this? Was it as simple as saying on the
interview that there might be a gap where you cant work due to the 1
year EAD not coming before the 90 days were over?



I'm just curious, because i wouldnt see why i could get hired with such
a big clause.



Thanks for reading.

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Old 01-06-2004, 06:01 PM   #2 (permalink)
Dekka'S Angel
 
Posts: 199
Default Re: Slightly OT : Working with a k1 EAD.

Originally posted by Darkie

    > This is a general question, as i dont have my visa yet. However i will
    > fly in though JFK once i do and hope i get an EAD stamp.


    > My question is, for those who have worked with this 90 day limitation,
    > how did you tell your employer this? Was it as simple as saying on the
    > interview that there might be a gap where you cant work due to the 1
    > year EAD not coming before the 90 days were over?


    > I'm just curious, because i wouldnt see why i could get hired with
    > such a big clause.


    > Thanks for reading.



At the interview phase, your immigration status should not be an issue
at all, so why bring it up? They are not allowed to refuse to hire you
merely because your work authorization is not a permanent one, as I
understand the law (even though at a practical level I imagine this
happens all the time), or with regard to how long you have left on your
work authorization. The only issue at the interview phase, if at that
point, is whether you are lawfully allowed to work in the US. The same
issue that everyone else has.



When you are actually hired then worry about what to tell your employer.
At that point sure, tell them that there might be a small gap (and work
to minimize the possibility by filing your AOS paperwork earlier rather
than later). Your employer will either keep you on the payroll for the
gap when it hits, or fire you outright (if you are in an at-will
employment state), but hey, at least you're working for a time.

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Old 01-06-2004, 06:56 PM   #3 (permalink)
Katesuiter1
 
Posts: 848
Default Re: Slightly OT : Working with a k1 EAD.

Originally posted by Dekka's Angel

    > At the interview phase, your immigration status should not be an issue
    > at all, so why bring it up? They are not allowed to refuse to hire you
    > merely because your work authorization is not a permanent one, as I
    > understand the law (even though at a practical level I imagine this
    > happens all the time), or with regard to how long you have left on
    > your work authorization. The only issue at the interview phase, if at
    > that point, is whether you are lawfully allowed to work in the US.
    > The same issue that everyone else has.


    > When you are actually hired then worry about what to tell your
    > employer. At that point sure, tell them that there might be a small
    > gap (and work to minimize the possibility by filing your AOS paperwork
    > earlier rather than later). Your employer will either keep you on
    > the payroll for the gap when it hits, or fire you outright (if you are
    > in an at-will employment state), but hey, at least you're working for
    > a time.



Hi, Dekka!



When I was interviewed for the very first job I got, they said they'd
wait for me to get my SSN as they couldn't hire me without it. I told
them I understood, and as soon as I got my number, they fulfilled their
promise and hired me. I was totally honest in my interview, and
explained that USCIS were very inconsistant, and there may be a time
issue when it came to my EAD renewal. I know I didn't have to volunteer
this info, but I chose to, as I didn't want it to bite me on the ass
later. They were fine with the EAD issue, and said we would deal with it
accordingly when the time came.



A week later, however, after what appeared to be a great week with my
catching on fast and doing a great job, they took me in the office and
told me that they weren't prepared to train me if they would have to let
me go for a short time. I was so pissed off that they did that, when
they should've thought of that before they hired me. I didn't hold back
any information, and put all the cards on the table.



I think I would've preferred it if they'd used some excuse that I wasn't
suitable for the job or something, because that damaged my confidence
for getting another job. I went into interviews terrified to reveal
anything that might work against me. I ended up working for a couple of
temp agencies, though, and they had NO problem with my status (as long
as I was legal, of course!) . They found me work pretty much right away,
and both parties knew the score and knew it could be temporary. I'm
really glad that happened to me now, though, as I've managed to land a
great job with a great salary, so it happened for a reason!!!



Kate. xxxxxxx

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Old 01-06-2004, 06:56 PM   #4 (permalink)
Katina
 
Posts: 37
Default Re: Slightly OT : Working with a k1 EAD.

My husband's employer told him that he would have to be without pay (and
not come to work) for the gap of time that he didn't have employment
authorization, but luckily he got his 1-year EAD a week before the 90-
day stamp (from JFK) expired. After he was hired he always kept his
bosses up to date with what was going on with the EAD stuff.

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