I got two conditional offers with very good salary. However, these employers can not accept me after I-140 approval and I-485 pending 180 days--
They want me to have GC in hands then I could start my work..
Since I am a Chinese Citizen, it is long way to get i-485 approval.
Has anyone experienced this situation?
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Just use or apply for EAD. If you have H1-B company are unwilling to sponsor you, but if you have EAD then it like like temporary GC until your I-485 is approved, you just have to reapply every year for EAD. Just make sure you renew it before 4 months...I hope that solved all your problem...
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Fron what I know that conditional offer is illegal. Once you got all I-9 verification docs in place, you're all set. EAD plus SSN is already good for I-9 and you got it.
Get a good lawyer and you can sue them and win it bigtime.
I am not a lawyer though so I am not sure about what I am saying.
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Thank you sooo very much for your imput. I show the employers EAD but they still want me to have green card in hand.
What is I-9 verification docs?
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I-9 is the form employee and employer fill out to comply with the requirement of USCIS. Employer keeps the record in case of USCIS audit.
Please check the "equal opportunity" law or rule...i think the condition set is illegal...
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Do we need to submit I-9 to USCIS?
They said they need me to work in a lspecific ab which require real GC. I don't think EAD and final GC has big difference..
Maybe they are afraid that I-485 couldn't be approved?
I think these employers are stupid.
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I work in a company that has projects with DOD and DHS and they need a real GC /Citizenship for clearance. In my case, I cannot work on those specific projects without getting the GC. Sounds like its similar in your case.
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If the job being offered to you is same/similar to your LC, then there should be no reason why you shouldn't be hired. I-9 is not submitted to USCIS. Employer just keep it incase of USCIS audit.
Anyway, to file for discrimination case, there must also be a proof that you are being restricted due to your national origin. If you have money and time, you can try to sue them. Again, I am not a lawyer, it's your risk, not mine.
Is your I-140 already approved?
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I have signed the offer and sent it back (the job offer indicates: it is a conditional offer...)
I think they treated me like a treasure few months ago, they offer me $10000 more than I ask and allow me to return back China for a while then starting my work..
Now they said I could work at anytime I want until GC in hands
I am still working for my current employer, I-140 is pending 150 days..
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I have also worked with DOD nad DHS with my EAD only . Actualy when I start working with them , my i140 got approved next day and green card one month later . So it is propably case by case scenario .
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Where do you come from?
I think my I-485 will be long way to go..
The employers couldn't hire me until I-485 approval no matter how I explain the matter of pending 180 days..
How did you persuade them?
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Do you think it might have to do with the security clearance which is needed with some jobs? These things are decided by the government not the employers and the employer who offered you the job might be bound by the regulations of the Federal Government.
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Not hiring someone based on immigration status is a big deal and completely and totally illegal. Potential employers are not supposed to ask any questions about immigration status until you are required to fill out the I-9 (i.e at the time of hire). If you are authorized to work in the United States, a company cannot refuse to hire you except in a very narrow set of circumstances (e.g. companies that deal with national security issues may hire only U.S. citizens, etc.). If they are not going to hire you anyway, you might be able to convince a labor attorney to file a lawsuit against them. This kind of invidious discrimination has no place in America. Nail the jerks, is what I say!
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