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DAP Forums > DREAM Act > The Lounge

HELP - Employer wants visa

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#1
01-19-2013, 07:21 PM
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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
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#2
01-19-2013, 07:30 PM
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They're assuming you're here on a visa.
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#3
01-19-2013, 07:48 PM
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Tortoise77
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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.
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Initial application mailed: 8/28/12
Approved: 10/25/12
Renewal received: 12/26/14
Biometrics completed: 1/20/15
Renewal Approved: 1/23/15 EAD Received: 1/29/15
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#4
01-19-2013, 07:49 PM
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like receipts or whatever. I really really hope you can keep the JOB!!!!!!!!! : )
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Initial application mailed: 8/28/12
Approved: 10/25/12
Renewal received: 12/26/14
Biometrics completed: 1/20/15
Renewal Approved: 1/23/15 EAD Received: 1/29/15
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#5
01-19-2013, 08:10 PM
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The I-765 letter clearly states the EAD is not a visa.
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#6
01-19-2013, 08:37 PM
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(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,


good luck!
P.S. What do you teach?
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#7
01-19-2013, 08:37 PM
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Dark Apotheosis
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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.
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8/16 DACA packet sent from CA to Phoenix Lockbox || 8/18 Packet arrived at destination || 8/20 Case received by Nebraska Service Center || 8/27 I-797C received || 9/01 Biometrics appointment received || 9/17 Biometrics done || 10/3 EAD/DACA approved || 10/9 EAD Received
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#8
01-19-2013, 08:40 PM
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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.
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Sent 10/19->WAC accepted 10/24
I-797 arrived 10/27
Biometrics letter arrived 10/29 Biometrics done 11/20
EAD: February 7, 2013 SSN:Already Have DL:Gonna take a month or two..haha.never bothered to learn..too scurred
Last edited by FlyinAgainstTheWind; 01-19-2013 at 08:44 PM..
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#9
01-19-2013, 09:14 PM
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Quote:
Originally Posted by kikibay92 View Post
(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,


good luck!
P.S. What do you teach?
Thank you so much. I teach chemistry
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#10
01-19-2013, 09:19 PM
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Quote:
Originally Posted by FlyinAgainstTheWind View Post
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.
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.
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