HELP - Employer wants visa
 

I recently started a position as a temporary lecturer at a state college in CA, when I went to the HR office to accept the position and fill out the necessary documents, I was asked for my visa but said I didn't have it on me. I provided my SSN, EAD and DL (all of which I got through DACA) and was told these would suffice. Unfortunately, I received a msg yesterday from the HR office telling me that I still need to bring in my visa. The problem is, I don't have one, I never had because I came in without inspection. My questions are as follows:

(1) Is the EAD not sufficient for a state job?
(2) Does working for the state have requirements such as citizenship or residency?
(3) Is there anyway I can argue my case at the HR office and still keep my job?
(4) what can I do because I'm beyond confused at this point

All input would be greatly appreciated. Thanks

Re: HELP - Employer wants visa
 

They're assuming you're here on a visa.

Re: HELP - Employer wants visa
 

I guess your just gonna have to be honest for this one. Dont say you are illegal because you are NOT! just explain to them you arrived as a child here and you were able to apply for a work permit and you are lawfuly able to work and show them whatever they ask for.

Re: HELP - Employer wants visa
 

like receipts or whatever. I really really hope you can keep the JOB!!!!!!!!! : )

Re: HELP - Employer wants visa
 

The I-765 letter clearly states the EAD is not a visa.

Re: HELP - Employer wants visa
 

(1) Is the EAD not sufficient for a state job?
-It's sufficient unless the position requires permanent residency.

(2) Does working for the state have requirements such as citizenship or residency?
-Highly doubt it, there are many foreign guest lecturers. They are all on temporary residency.

(3) Is there anyway I can argue my case at the HR office and still keep my job?
-Just tell them you don't have a visa by either confessing the truth or said you entered the U.S. at a very young and had lost the visa long time ago. Anyway, you are legal to take the position.

(4) what can I do because I'm beyond confused at this point
-There is pretty much nothing you can't do. Break it or make it.


At the end,
http://25.media.tumblr.com/tumblr_m0...5yr7o1_400.gif

good luck!
P.S. What do you teach?

Re: HELP - Employer wants visa
 

The issue here is... can they legally ask to see a visa if you're already showing them the EAD, meaning you're providing proof that you have work authorization? According to instructions on the I-9, once you show the EAD card, the employer can't ask for anything else.

Besides, the information is right on the EAD itself: Category C33. They can look up the code, and know how you obtained it.

Have you already been officially hired? If yes, it seems to me that if they've tried to fire you at this point because you can't provide a visa, it would constitute unfair treatment.

Re: HELP - Employer wants visa
 

Maybe you got her confused because you told her you didn't have it on you? Did you lie to her or where you trying to play it off?

Why don't you call anonymously another Cal state HR or a couple of them to check. Don't tell them your name. Just say you are wondering.


Cal State FAQ
http://csucareers.calstate.edu/faq.aspx#citizen
Are citizens of a county other than the United States eligible to work for the CSU?
All offers of employment to new employees are contingent upon presentation of documents demonstrating the appointee's identity and work authorization consistent with the provisions of the Immigration Reform and Control Act.

Re: HELP - Employer wants visa
 

Thank you so much. I teach chemistry

Re: HELP - Employer wants visa
 

Thanks. I showed them my CA DL and EAD but I'm not sure as to why they need a visa. I'll call to let them know about the above stated info, and if they still need a visa after that, then I guess I'll have to come clean.

Re: HELP - Employer wants visa
 

Good luck, let us know how it goes!

Re: HELP - Employer wants visa
 

wait

"I am not sure as to why the need a visa"


earlier


you kinda of lied there and I hope they don't see through this as we have. Of course they are going to ask for it later on, you should have said, "I was granted a 2 year lawful work permit" they can't ask you got it but you shouldn't have lied and said you had a visa. You admitted to it when you said you don't have it with you.

Re: HELP - Employer wants visa
 

I think you misconstrued my reply. I'm not sure as to why I was asked for my visa despite the fact that the link 'FlyinAgainstTheWind' posted states that all I need is proper ID and work authorization. I already stated in my initial post that I claimed not to have it on me when I was asked even though my entry to the States was EWI. Thanks

Re: HELP - Employer wants visa
 

You teach hs or college ? You have masters? Teaching credential ?

Re: HELP - Employer wants visa
 

Because you stated to her "you didn't have it on you" so she assumed you had one along with the work permit. You can't expect them to figure this stuff out on their own because they are HR people not immigration agents. Simply call her back and tell her that you have a work authorization not a work visa. That you used to be an AB540 recipient or something like that.

Re: HELP - Employer wants visa
 

You lied about the visa which may lead to your dismissal, sry.

Good luck though.

Re: HELP - Employer wants visa
 

What does any of what Flying posted have anything to do with that you said?

You teach? Hard to believe if you fail to understand what "I don't have it on me" means. Let me break it down to you, There is a difference between, I don't have a visa and I don't have it with me. Have it implies you DO have it and left it at home or something. Its really not easy to see and you are going to have a heck of a time explaining to HR. In their eyes, you LIED to them. Do you REALLY think they will believe you now?

First impressions count a lot but in all seriously, I hope you get a chance to explain the misunderstanding in your eyes to them and I truly wish you best of luck

Re: HELP - Employer wants visa
 

They want a visa because YOU said you had one. How can you NOT understand this?

Do you have a visa?

No, I was granted a a work permit knows as EAD.

Not

No... because I left it at home and thus don't have it with me

Re: HELP - Employer wants visa
 

ok. Calm Down. Just say it was a misunderstanding. That you have work authorization not a work visa. That you didn't hear her right or something.

For higher up jobs that require more clearance be clear from the beginning kids. My recommendation to all is to call ahead anonymously and ask first. That way neither party waste their time.

They are probably not familiar with someone just having work authorization because they are used to working with scholar visas and F visas.

@Piano: 2post not necessary. lmao.

Re: HELP - Employer wants visa
 

Damn you people go mad hard!!!

I understand why he would say " I dont have it with me"

We are all in a bit of pressure when applying and since we are all new to this things might slip out in a wrong way since our brains are nervous about being illegal for so long that you dont know what to say anymore.

My last interview they asked " so everythings is okay, right? citizenship?" and I said " yes, everythings okay" cuz it just slipped my mind. I didnt mean to I just meant to say yeah I am okay to work legaly. the I corrected myself and said "umm yeah I have a work permit" and the guy was oh okay.

chill out people Im sure HR can understand the confusion.

Re: HELP - Employer wants visa
 

Yeah, but by law they don't have to ask you to show anything else as long as you show them your EAD. There's a thread discussing this in the Other Topics section,