Hiring on EAD

[helpme140]

Hello,

 

I hope the gurus can comment on this for me.

 

Here is the timeline/situation followed by our questions.

 

1.) Me and my spouse's priority date was current in Feb 2012. 485, EAD, AP's were all filed. EAD/AP cards were recieved. My H1 expired in Sep 2013 following which i started working for the same employer on EAD. Our filing country is India.

2.) My spouse started working using her EAD once she got her card. He quit her employer who held her H1.

3.) Thereafter, the EAD's had to be renewed a couple times, the most recent renewal being this year. Again, we got the EAD's for 2 yrs now expriring in 2017.

4.) In the meantime, my spouse worked for a couple different employers - every time on the EAD.

5.) Just recently, my spouse took up a new assignment through a contracting company.

6.) Now, the client wants to hire her full time, to which she was interested in too.

7.) We thought this would be a breeze, immigration wise, having gone through the process a few times.

8.) To her dismay, the client wants to file for her H1 again.

9.) Their stance was that their immigration attorney suggested her EAD will expire in 2017 and poses a threat to continuous employment if not renewed in time.

10.) If that makes any difference, the company is a 22000 employee strong financial giant having offices across the globe.

 

Our questions were -

 

1.) Can an employer legally refuse hiring someone who has an EAD?

2.) If she gives in and has them file her H1, what are the implications?

3.) Does she abandon her AOS - basically giving up her number in line for the GC?

4.) If she has them file her H1, can she still be on AOS pending status? (i think i know the answer to this as H1 and AOS are 2 different statuses and in this case she will end up giving up AOS if H1 is filed)

 

Thank you in advance for your suggestions/answers.

Helpme140

[JoeF]

EAD is work authorization. An employer can not discriminate based on EAD or H1. Work authorization is work aauthorization.

[helpme140]

Thanks very much JoeF for enforcing my belief (its a law ofcourse as well)

 

I read the I-9 after the initial post above and the first para mentioned the employer cannot (the cannot was in bold) discriminate hiring based on forms of work authoirzation.

 

However, in this case it is a little tricky in that my spouse working on a contract with the now client (maybe future employer) cannot engage in such volleys with the HR although her manager does understand the situation very well himself.

 

Having said that, do you mind letting me know the answers to my questions #2, 3 and 4 please? Just so i understand what are the ramifications for us.

 

Thanks again

[helpme140]

Gurus,

 

Can someone please comment on my questions 2, 3, and 4 from the initial post?

 

Thanks.

[pontevecchio]

2,3 and 4 are not questions? What exactly are your questions?

[JoeF]

Filing an H1 has no effect on AOS.

It isn't necessary, and the employer would be stupid to file an H1 and pay for it instead of just hiring the person on EAD.

[helpme140]

Hi Pontevechio,

 

The questions are -

 

1.) If the employer wants to file an H1 and she takes up the position, does she abandon her AOS (I-485). JoeF answered this question though - saying she can have H1 and a pending AOS together.

2.) Does she have to leave the country and get H1 stamped to start working on H1?

 

Thanks.

 

Hi JoeF - Thanks for your reply. Couldnt agree more about the employer being wasteful about time, effort and money spent on filing the H1.

[helpme140]

Any help please?

 

Here is the question -

 

Does she have to leave the country and get H1 stamped to start working on H1?

[GNH]

Yes she would need to re enter with a H1 visa to get the H1 status.