jimothy

I'm pretty sure you're right. I just asked them because last year the card came about two weeks after the approval email and the start date of the EAD was actually a further week before that. As I'm off work unpaid at the moment those extra few weeks could make all the difference.

ian-mstm

I think you need to untwist your knickers! I was asking for clarification on whether his employer specifically indicated that *only* the EAD was acceptable proof of employment authorization. Assuming he is authorized to work - the EAD is proof of that authorization, yes... but it isn't the only means of proving that authorization and the employer can *not* ask for the EAD *only*.

Of course, you know all that, so I'm not entirely sure that your comment was directed at me!

Ian

jimothy

Ian, I'm assuming that until the new EAD is approved I am technically not permitted to work, would that be correct? If not, what other documentation might I be able to use to prove my status? I have been off work now for 4 weeks and it is really starting to hurt my bank balance.

Thanks, Jim

Rete

Right!

ian-mstm

Yes... but what I'm getting on about is that the company can not insist that you present your EAD as proof of authorization to the exclusion of any other document(s) that fulfill the requirements of the I-9.

Quote: "Employers CANNOT specify which document(s) they will accept from an employee". (I-9) Further, the Handbook for Employers (M-274) states, "an employer cannot request that an employee present more or different documents than are required or refuse to honor documents which on their face reasonably appear to be genuine and to relate to the person presenting them."

Based on the assumption that you *are* authorized to work - it may be easier (and ultimately less of a hassle) to show an approved EAD, but it remains *your* choice as to what documents you provide. If you have a valid state driver's license and a SS card without the "not valid for employment" statement, then *that* is proof which *must* be accepted by the company.

If your company is insisting that *only* the EAD is acceptable proof, then perhaps you want to reconsider whether or not you want to work for such a company!

Okay, I'll get off the soapbox now!

Ian

jimothy

Unfortunately my SS card says "valid for work only with INS authorization" so at the end of the day I think the EAD is the only document I have access to which can verify my eligibility to work. The company is only saying this because they have been advised to by their immigration counsel.

Thanks anyway

Rete

True they cannot demand an EAD if you have a green card. But I don't think is what we have been talking about since Jimothy is not a PR and is still in pending status and needs an EAD to work.

For anyone else reading, the following is the scenario for my husband, the then foreigner up until the day of his US naturalization, in regards to employment authorization from USCIS

He entered with a K-1 and the right to work authorization stamp good for 90 days. Got SS # immediately, could not find employment right away and worked on as "as needed basis" for a small computer store front in the area. Found full time employment 8 months after entry into the US.

On the I-9 he showed his then EAD as proof of ability to work as SS card had legend "authorized to work with USCIS ...." on it. School district took front/back copy of card and placed in his personnel file.

A week before expiration of first EAD used, he was asked by HR to provide them with his new EAD. He allowed them to again take front/back copies for his file.

Near end of second EAD period again asked for new EAD. Advised them he did not have one but was waiting for his AOS approval since we had had the interview. Was told without authorization he would not be allowed to work if at the expiration of the current EAD he was unable to show them proof of authorization to work in form of EAD and/or green card.

Difficulties with adjudication due to original file still being in the storage in Lees Sumitt. Finally got call from adjudicator that AOS was approved and to come in for the stamp. Received stamp two weeks before expiration of EAD. Showed HR the copy of his stamp in his passport. HR made a copy for his file.

Since stamp good for only one year, and green did not show up by July of the following year was again asked by HR for proof of authorization to work. Stamp due to expire end of September 2001. 9/11 occurs, husband is activated and then INS office in lower Manhattan is closed. Since not working because his unit was activated, no need to show work authorization which he would have been unable to produce due to closure of INS office.

Intervention by Congresswoman's liaison and the congressional unit in the NYC INS building (fifth floor) after building was reopened got Jim a special appointment to go to the office to get another stamp good for one year. Congressional unit also discovered that green card I-89 was never sent to service center for manufacture of green card hence the reason for no-card.

After HR was shown his updated I-551 stamp and subsequent green card and appropriate copies made.

Since green card was only for 2 years as he was conditional, he was asked for updated authorization to work for when the green card expired. For this he gave them the NOA from the service center although he remained a PR while petition is pending, he agreed to show them the NOA because as they put it, it would save them and him the hassle if there were a question regarding his authorization to work. Jim is not hard nosed about things like that and was more than willing to be cooperative and didn't feel it was a violation of his civil rights.

Since needed to take time off from work for naturalization interview and oath ceremony (without pay) they said if he would bring in the citizenship certificate they would put the request for pay in as it was for a special occasion.

So, yes, it is not a violation to ask to see your updated work authorization

ian-mstm

Well then... that pretty much ties it!


Their counsel is wrong... but sometimes it's easier not to fight city hall.

Good luck to you.

Ian

jimothy

Going back to the original topic I have just seen a post on another board by a guy who had his paper filed I765 processed on the same day as the receipt date at CSC so if you want a quick processing and can file at CSC I would suggest that that is how to push it through quickly. 80 days and counting now for efile at NBC

Noorah101

I don't think the EAD renewals go to the Service Center. They go to a Chicago lockbox, as I recall.

Rene

jimothy

I think that depends on the status through which you are requesting the card. Unfortunately for us, marriage based cases, I think you are right.