Permenant job on tempory visa

What is the name of your state? GA

Hi. I'm not sure if this post belongs here or on the immigration forum. In March I will be marrying a US citizen and submitting all of the necessary paperwork to become a permenent resident. My current visa period ends in May 2005. I have an EAD card that terminates at the same time. If all goes well with the application for change of status, 90 days after my March wedding I should receive a new EAD card, to allow me to work until I receive my green card. EAD cards are presumably temporary work permits. My current place of employment would like to write me a new job contract starting from June, as a permenant employee. The holiday and sick benefits that would accompany this position would be a strong incentive for me to accept the offer. My question is, is it legal for the organization to offer me permenant employment when I hold a temporary work permit? Can they make the continuation of the permenant position conditional on my obtaining the necessary green card?

Thanks,

Kirsty

Kirsty, this isn't "permanent" employment nor are you a "permanent" employee - unless you're being provided with a bonafide employment contract guaranteeing you lifetime employment which I doubt. What I expect the employer is offering you is a regular full-time position of indefinite length, which makes you an "at will" employee as are the vast majority of us.

Yes, it's perfectly legal for an employer to offer you a job if you are presently authorized to work in the U.S. However they HAVE to make continuing employment conditional upon your obtaining the necessary work permit from the INS/DOL by the time your current authorization expires - whether that's a H1B visa, an O visa, permanent residents status or whatever. It is illegal for an employer to employ someone who does not have authorization to work in this country.

Thanks for your prompt reply. I see this is another example of lay and technical terms having different meanings. My employers' explanation for my current exemption from paid leave and other benefits, although I work 40 hours a week, is that I am a temporary, not a 'permanent' employee. I realize that 'permenant' doesn't mean employment for life, but there does seem to be a different benefits status associated with the term. The discrepancy is not explained by hourly versus monthly waged status as, at the same place of work, there are people employed for 20hrs a week on an hourly pay arrangement, who do have paid leave benefits because they are 'permanent' employees.

So my question is, given that the proposed contract of employment stands only on the condition that I maintain legal authorization to work in this country, can my employers offer me a job that fits the lay description of 'permanent', and thus award me the benefits I speak of?

Have I explained my question better this time?

Kirsty

So my question is, given that the proposed contract of employment stands only on the condition that I maintain legal authorization to work in this country, can my employers offer me a job that fits the lay description of 'permanent', and thus award me the benefits I speak of? If they wish to do so, sure. Your visa status in no way bars them from offering you a "permanent" position. Over the years, I have hired quite a few individuals with limited work authorization visas (usually H1-B) for regular full-time positions. They are eligible for benefit participation on the same basis as all other regular full-time employees.

Thanks Beth. This has been very helpful.

Kirsty