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.

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.

katesuiter1

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

katina

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.