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Employer Did Not Consider For Job As I Am On Ead And May Require Sponsorship In Future!

Discussion in 'H4 employment authorization' started by Mohit, Oct 2, 2015.

  1. Mohit

    Mohit New Member

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    Hello Ron,
    I am on H4 EAD.
    I applied for a job and told HR that I am on EAD. HR refused to consider me for job as they think I will require sponsorship in future.
    Please let me know your views if this is correct.

    Pasting here conversation between me and HR -

    ===========================Original Mail===========================
    Thank you for your online application and interest in the XXX position. I just had a few questions before possibly moving forward.

    -Please confirm you are eligible to work in the US. Will you now or in the future require sponsorship?
    -Are you commutable distance to Frederick, MD?
    -Please confirm your current and desired salary requirements?
    Look forward to hearing from you.
    Thank you,
    ===========================My Reply===========================
    Thanks for your mail and considering my candidature.
    Here are the answers for questions you asked -
    -Please confirm you are eligible to work in the US. Will you now or in the future require sponsorship? No. I possess Employment Authorization Document (Can work for any employer without sponsorship)
    -Are you commutable distance to XYZ? Yes
    -Please confirm your current and desired salary requirements? $00,000 / year

    Please get back to me if you require any information.
    ===========================HR Reply===========================
    Thank you for getting back to me. While I understand you have an EAD card that allows you to work now unfortunately we can’t accept the card at this time since we won’t be able to assist with sponsorship in the future.
    I will keep your resume on file and wish you the best in your career search.

    Best regards,
    ===========================My Reply===========================
    I am sorry, but I don't understand here that how I will require sponsorship.
    EAD allows me to work without sponsorship and no sponsorship will be required in the future also.
    Right now also I am working on EAD.
    I would request you to reconsider my application.

    ===========================HR Reply===========================
    Please check with your agency that issued the EAD card to understand the terms. An EAD card allows you to work for a period of time and if you can’t get an extension then an employer has to obtain work authorization for the employee (H1B or O-1) and this is something we can’t sponsor for at this level. So while I understand you’d like to be considered unfortunately our policy is we can’t accept an EAD at this time.
    Thank you for your time and consideration.

    Best regards,
    ===========================My Reply===========================
    I understand your concern. But my husband's green card application is in process. His I-140 is got approved already.
    On basis of his I-140, our visas and EAD will be renewed until we get Green Card.
    Right now also I am working with an employer who does not offer sponsorship.
    EAD is widely acceptable where 'No sponsorship' is offered.
    I am very much interested in working with this company and don't want to lose the opportunity just because of misunderstanding, hence writing these all.
    I am sorry if I am bothering you too much.

    ===========================HR Reply===========================
    Thanks for your note. I appreciate your understanding but this is our company policy. Should your situation change and you obtain a green card please feel free to reach back out to me and we can discuss your qualifications further.
    Thank you for your understanding.

    Best regards,
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Something fishy is going on. Contact the U.S. Dept. of Justice, Office of Special Counsel. They handle cases like this.
     
  3. Mohit

    Mohit New Member

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    Thanks Ron
     
  4. Mohit

    Mohit New Member

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    Just would like to add that this is multi billion dollar US based company :)
     
  5. Mohit

    Mohit New Member

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    Hi Ron.

    Update - I just called "the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) at 1-800-255-7688 (employees)".

    They said that - they protect only Permanent residents, citizens, refugees or asylum seekers.

    They are unable to do anything as I am EAD holder.
     
  6. groot

    groot Member

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    Please download i9 form and read the 1st paragraph that is anti discrimination notice it clearly states this is illegal and asks to call special counsel. Call them again and cite this info.
     
  7. Mayur

    Mayur Well-Known Member

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    @cuckoo , @KKZ , this could be a good case for our litigation if Mohit is interested though
     
  8. cuckoo

    cuckoo Super Moderator

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    I have seen a zillion forms of well established companies that ask would you now or in the future require sponsorship for a work authorization or green card. Truth is EAD is based on pending I485. There is no certainty that it will be approved. USPTO did not register me and gave me only limited recognition when I was on EAD based on the fact that I was not an LPR or citizen.SO, yes, I think there may be legal basis for such discrimination.
     
  9. sri1979

    sri1979 Well-Known Member

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    I am assuming that they can worried in future they need to support by giving employment verification and all, for people who have EAD after they file i485 and change employer using AC1.. further employer must give employment verification.. they are confused
     
  10. aria.bull@gmail.com

    aria.bull@gmail.com Junior Member

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    I am not sure if read or understand incorrectly, but HR is saying that H4 EAD is not completely inependent in nature. It depends on the status of the H1B visa. If there is any issue with the corresponding H1B visa then H4-EAD will be in trouble. I think that is the intent of the HR person. He is not questioning the ability of H4 EAD to work rather the ability of the H4 EAD to continue to work after certain point of time as it is realted to the H1B visa.

    May be i am reading too much out of it...

     
  11. DonDraper

    DonDraper Guru

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    That would be correct. If H1b visa gets into issues H4 EAD will become null
     
  12. Mayur

    Mayur Well-Known Member

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    I meant to say ,this is exactly why EAD won't end our struggle and why recapture is important . They might argue that EAD gives us all the benefits (like job portability etc) , but sadly the story does not end there.

    Hope you agree
     
  13. cuckoo

    cuckoo Super Moderator

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    you are right.
     

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