I am devastated

[JeffandRebecca 0]

I have read somewhere on the forum that I can continue to stay in my job with NOA1 (the 1-year extention of green card). I had received it sometime ago. I did not bring it up until Dec because my green card expired in the end of Dec. I volunteered this information to them. Hoping they can update my information. I did not want to lose my job when they found this out and I had not informed them.

Today, I received an email from my employer saying, "The Department of Homeland Security no longer allows us to use a receipt for application or extension." NOA1 says I can work and travel during this time. Plus I am not changing job! I am so worried right now because I may lose my job in 5 days. I am trying to find some thing from Immigration website to prove that I am right.

They mentioned that they needed to update information on I-9 form. Does anyone know what that is? Does anyone know where I can find the relavent information to show my employer?

Rebecca

[raymaga 25]

Your NOA states very clearly that it extends your permanent resident status for one year, with work and travel permitted.

I would take the NOA to your employer and make a copy of it for your personnel file. You are definitely entitled to keep on working while you await approval of your 10-yr GC.

[eau_xplain 2]

Do an INFOPASS, bring your extension letter and ask for an I-551 stamp on your un-expired passport.

Edited December 26, 2007 by eau_xplain

[mawilson 2,133]

I volunteered this information to them.

And that's the problem. NEVER volunteer information!!!

Your employer IS NOT ALLOWED to ask or check your status if you're already hired and

you were employment-authorized at the time of hire.

I am so worried right now because I may lose my job in 5 days.

If you do lose your job (and I hope you don't), by all means sue your employer for unlawful termination!

[Bassi and Zainab 1]

Your employer IS NOT ALLOWED to ask or check your status if you're already hired and

you were employment-authorized at the time of hire.

If you do lose your job (and I hope you don't), by all means sue your employer for unlawful termination!

Not true! Dept of Homeland Security requires employers to update the I-9 form whenever there is a listed expiration date and whenever there is a change in employment. When permanent residency expires, I-9 must be updated with new documentation. Employers are fined for not complying. The Notice of Action should be sufficient, however your employer may not be aware of it depending on the size of the organization. Provide them with the documentation and leave a copy for them to follow up themselves and verify your eligibility to work.

PS Employer has 90 calendar days from expiration of documentation before they are required to remove you from payroll.

Edited December 26, 2007 by Bassi and Zainab

[mawilson 2,133]

Wrong.

Reverification is not required when a permanent resident card is issued to a lawful permanent resident

or a conditional permanent resident.

[Bassi and Zainab 1]

Wrong.

Reverification is not required when a permanent resident card is issued to a lawful permanent resident

or a conditional permanent resident.

That was true in the past because permanent resident documentation did not have an expiration date. They now have expiration dates and must be treated as all other documentation with an expiration date except for the US passport.

[mawilson 2,133]

Wrong.

Reverification is not required when a permanent resident card is issued to a lawful permanent resident

or a conditional permanent resident.

That was true in the past because permanent resident documentation did not have an expiration date. They now have expiration dates and must be treated as all other documentation with an expiration date except for the US passport.

Permanent resident status does NOT expire even if the green card expires, unless it's

abandoned or the government issues a final order removing the individual from the US.

[Peter T 0]

I have read somewhere on the forum that I can continue to stay in my job with NOA1 (the 1-year extention of green card). (...) Today, I received an email from my employer saying, "The Department of Homeland Security no longer allows us to use a receipt for application or extension." NOA1 says I can work and travel during this time. Plus I am not changing job! I am so worried right now because I may lose my job in 5 days.

Does the employer try to comply with the Labor Laws? Then you should be able to use the NOA alone. Or does the employer need some security clearance for you, like export control or access to certain buildings or documents? If it's the latter, ask them what they would accept, e.g. the I-551 stamp in your passport. Then let them give you their non-acceptance fo the NOA and the acceptance of the stamp in a letter on official paper and bring it to your infopass appointment that you have made today, to get the stamp. Tell your employer about your plan of action.

For my work, I need to be a US person (not a Foreign National), but the NOA was enough for my employer to think that they have complied with the law.

[JeffandRebecca 0]

That is what I think I know, raymaga. But when I asked her for contact information so that I can fax or mail in a copy. She did not even want to see the NOA1. I work from home.

I am looking at the I-9 Employer handbook right now. She is right that on the list of documentation that employers can use to verify an employee. The extention letter is not on the list.

I just spoke to USCIS on the phone, they adviced me that I am all fine. I am going to talk to my employer again. I hope she understands.

[desert_fox 32]

How could Homeland Securiity (USCIS) not accept their own letter that authorized you to continue working??

[Bassi and Zainab 1]

That is what I think I know, raymaga. But when I asked her for contact information so that I can fax or mail in a copy. She did not even want to see the NOA1. I work from home.

I am looking at the I-9 Employer handbook right now. She is right that on the list of documentation that employers can use to verify an employee. The extention letter is not on the list.

I just spoke to USCIS on the phone, they adviced me that I am all fine. I am going to talk to my employer again. I hope she understands.

No, it's not on the list of acceptable documentation. But HR can contact Homeland Security Employer Services and get approval to accept the documentation. We've done it before at my job. I work in HR for state government offices. It's not that hard.

[Mr. Big Dog 10,747]

I volunteered this information to them.

And that's the problem. NEVER volunteer information!!!

Your employer IS NOT ALLOWED to ask or check your status if you're already hired and

you were employment-authorized at the time of hire.

I am so worried right now because I may lose my job in 5 days.

If you do lose your job (and I hope you don't), by all means sue your employer for unlawful termination!

Yep. Your employer is clearly wrong here. You should be on file as a permanent resident. You do not need to provide any additional documentation at this point and your employer cannot require you to provide it. They have no grounds to terminate your employment for your immigration status. If they decide to let you go, take them to court.

[eau_xplain 2]

On the new I-9 form (which takes effect Dec 26), employers can accept:

a ) A government issued ID (state driver's license) + SS card without the "valid for work with DHS authorization only" notation; or

b ) I-551 stamp

among other documents

Rebecca, if you had your SS card replaced to one without notification, that plus a valid DL should suffice for the I-9. However, if your SS card still has the notation, then I reiterate my suggestion that you take your extension letter to the nearest USCIS DO and have your passport stamped.

[mawilson 2,133]

On the new I-9 form (which takes effect Dec 26), employers can accept:

The thing is, they don't need to accept anything. She was already on file as a permanent resident -

there's nothing else to prove.