Potential Employer Refused NOA1

[bettenan 1]

I made Tom go and get an unrestricted Social Security Card before his two year PR card expired. He went like 20 days before and they were trying to tell him some BS that he had to go 20 WORKING days before. Something like that, maybe it was 10. I don't remember exactly but they eventually gave in. What I took from that and from others on here, was that you can't get the unrestricted SS once your physical PR card expires. Which makes no sense since the status doesn't expire just the card. But you know how these government agencies are.

I personally already boycott Sears, they stink. Keep fighting it though. Did you go online and get a print out of what it says for his specific application? It sounded like that would have helped?

We ran (not walked) back to SS and got Richard's unrestricted card, as soon as the his G/C arrived... but really we had to...He could not have gotten an unrestricted Driver's License in Pennsylvania without it.

I think it helps to have an unrestrictive card to build credit as well (but not sure of that)

Edited February 29, 2008 by bettenan

[mawilson 2,133]

PS, I haven't got an unrestricted SS card either. I didn't know I was supposed to since I already had the card and a job. so don't hold that too much against your hubby.

Hmm, yes, do hold it against him. Getting an unrestricted SS card is something he should have done

the second he received his green card. It's Immigration 101. B)

Edited February 29, 2008 by mawilson

[katand7 0]

Social security 800 line just said take everything we have from immigration and his id and card to the local office and they will make the determination. I'm guessing it won't help now to go there.

One point I forgot to mention before during today's argument was I told her that even when Gavin does get his new greencard it will still have an expiration date of ten years. So where was their argument about "permanent" going to go then.

Oh well........I'm not giving up. I don't want to go to the local paper but I will if it comes down to it to get the point across.

If anyone here thinks we are in the wrong in any way, please let me know. I can take constructive criticism and welcome it!!!!!

Kathleen

PS, I haven't got an unrestricted SS card either. I didn't know I was supposed to since I already had the card and a job. so don't hold that too much against your hubby.

Hmm, yes, do hold it against him. Getting an unrestricted SS card is something he should have done

the second he received his green card. It's Immigration 101. B)

Then I clearly failed Immigration 101. Oh well.......another thing I have somehow messed up. Its just that kind of day

[Spiderette 0]

Then I clearly failed Immigration 101. Oh well.......another thing I have somehow messed up. Its just that kind of day

LOL, I failed too....

I think it helps to have an unrestrictive card to build credit as well (but not sure of that)

That's not even close to true A creditor has never asked to see my social security card

[mawilson 2,133]

Then I clearly failed Immigration 101. Oh well.......another thing I have somehow messed up. Its just that kind of day

Sorry to hear that.

The good news is, it's not too late. Your husband can still go to a Social Security

office with his expired green card and the extension letter, and get an unrestricted

Social Security card.

According to the I-9 Handbook for Employers, because he doesn't have a valid List A

document (a document that establishes both identity and employment eligibility), he

needs to present two documents, one from List B (a document that establishes

identity), and one from List C (a document that establishes employment eligibility).

An unrestricted Social Security card is a valid List C document that establishes

employment eligibility.

He can use his driver's licence or state id as a List B document.

[katand7 0]

Thanks for the info. I will send hubby off on an errand first thing Monday morning to the Soc Security Office

As far as the whole credit thing, I don't think the unrestricted SS card has any bearing on that. My hubby has more credit cards than me and a higher credit rating as well at this point. (I'm still repairing mine from my divorce years back)

Anyway, I remain vigilant. Thanks again to everyone.

[rick43235 0]

If anyone here thinks we are in the wrong in any way, please let me know. I can take constructive criticism and welcome it!!!!!

First of all, I'm sorry to hear of your frustrating experience. My wife recently got her NOA regarding her I-751 petition and it clearly states ,"During the one-year extension you are authorized employment and travel." I don't see how they could make it much plainer. That said, what you have come up against is your typical middle management type bureaucrat. They are very protective of their turf, and any suggestion that they are not performing their job properly is met with stiff resistance.

Although I "feel your pain" with regard to your frustration, I could probably offer a tiny bit of constructive criticism. First off, it probably should have been your husband rather than you who was dealing with the HR people. After all, he was the one who applied for the job. From the perspective of one who is occasionally in the position of hiring employees, it is a big red flag when a "crazy relative" (as we call them) of an applicant calls to complain. In fact, when that happens, any hope the applicant had pretty much goes down the drain.

Another possibility to consider is that, in you enthusiasm to prove the correctness of your position, you may have taken away any incentive the HR person had to help you. In fairness to the HR official, she is probably stuck in the middle. Someone further up the corporate ladder was probably the ultimate decision maker in this situation. After you presented the evidence of your husband's authorization to work, the HR person was probably well aware of the fact that you were correct. However, to fix the situation for you, she would have to suck it up and inform her superior that they made a mistake - and some bosses don't gracefully embrace the idea that they can make mistakes. So, who does the HR person most want to make happy? Her boss, or the (excuse me) "crazy relative" giving her a bunch of grief? Giving her a reason to want to help you might have been more productive than just proving her wrong.

Anyway...right or wrong, it sounds as if Sears has dug in it's heels where your husband's application is concerned. As for taking legal action, good luck with that. As soon as your butt hits the chair in the lawyer's office, you'll own him more than six months salary at Sears. And he'll undoubtedly want it up front. And even if you win, what do you have? A $hitty job at Sears. Man, I hate that place!!!!!!

Best of luck to you and your husband. Hopefully he can find a position with a GOOD employer.

[katand7 0]

I can see how I would be deemed the "crazy relative". When I originally called up I asked her to clarify what document they were looking for as my husband may have not understood what was needed. I didn't go all crazy on her until much further on in the call.

Anyway, I don't care if she is trying to satisfy the needs of her manager or higher up or whoever. The law applies to everyone in the process and their denial to accept bonafide proof, issued by the USCIS, is unlawful. I don't care how crazy they think I am, they don't have the right to behave this way.

Of course they will probably never offer my husband a job now. I admitted that much earlier on this thread. At this point it is merely on principle that I'm still pushing the issue. No one should have to go through this just because they are uneducated of the law.

I initially mentioned maybe calling a lawyer because I wanted to verify our rights. I have no intention of creating some lawsuit. This isn't about money at all. We have done everything in the legal and proper way and now are getting punished for it by some HR people who don't know the law. My husband, being from another country, just figured he had to live with whatever they said and although he was frustrated at having basically wasted his time he didn't realize that what they did was in any way illegal. I'm sure this happens to many people who aren't familiar with the employment laws of the US. That is why it is important for me to keep up the fight here.

When I called her back today it was not to start up the argument with her again at all. She answered the phone for the department and I asked to speak with the manager. She told me she was it and so I asked to speak with her supervisor. That is when she said, "Oh is this Mrs. Jackson again" and tried telling me that she already submitted everything, blah blah, I didn't need to talk to anyone else, what supervisor was I referring to, blah blah. I just wanted the number of the higher up person so my husband could call them directly and find out exactly what document he needs to produce to satisfy "their requirement".

Anyway, you can deem me the crazy relative if you want.

[katand7 0]

Oh and I never submitted anything to her or them. He provided all the documents at his second interview. They just didn't like the documents he presented and wanted us to produce something else that we don't have and doesn't even apply to the type of visa my husband came over on and his AOS.

[tammiandtom 0]

Thanks for the info. I will send hubby off on an errand first thing Monday morning to the Soc Security Office

As far as the whole credit thing, I don't think the unrestricted SS card has any bearing on that. My hubby has more credit cards than me and a higher credit rating as well at this point. (I'm still repairing mine from my divorce years back)

Anyway, I remain vigilant. Thanks again to everyone.

Let us know if he is able to get the unrestricted social. I'm really curious after the hard time they gave my husband about it, when he had his actual physical PR card.

Also, we never knew that it was Immigration 101 to go to the SS office and get an unrestricted card the minute he got his PR card. That's why we waited until the last minute (when we realized it). I've been on these boards for awhile, and never really noticed it before then, or I'm not sure how I didn't know. I'm pretty up on that stuff and extremely organized. So don't feel too bad for not knowing, or for him not knowing! I think it should be pointed out more often to people.

[rick43235 0]

I can see how I would be deemed the "crazy relative". When I originally called up I asked her to clarify what document they were looking for as my husband may have not understood what was needed. I didn't go all crazy on her until much further on in the call.

Anyway, I don't care if she is trying to satisfy the needs of her manager or higher up or whoever. The law applies to everyone in the process and their denial to accept bonafide proof, issued by the USCIS, is unlawful. I don't care how crazy they think I am, they don't have the right to behave this way.

I agree that the law applies to everyone, and I agree that your husband presented all the documentation that should have been required. I also agree that he was wronged. I was merely pointing out that you were dealing with a human being who has her own concerns. Plus, she was someone who could have advocated for your husband. By going "all crazy on her," you probably eliminated any desire she had to be personally helpful.

Of course they will probably never offer my husband a job now. I admitted that much earlier on this thread. At this point it is merely on principle that I'm still pushing the issue. No one should have to go through this just because they are uneducated of the law.

I initially mentioned maybe calling a lawyer because I wanted to verify our rights. I have no intention of creating some lawsuit. This isn't about money at all. We have done everything in the legal and proper way and now are getting punished for it by some HR people who don't know the law. My husband, being from another country, just figured he had to live with whatever they said and although he was frustrated at having basically wasted his time he didn't realize that what they did was in any way illegal. I'm sure this happens to many people who aren't familiar with the employment laws of the US. That is why it is important for me to keep up the fight here.

I never got the impression that this was about money - just simple justice for you husband. I was just pointing out that taking legal action would probably be a costly course of action with little payoff.

When I called her back today it was not to start up the argument with her again at all. She answered the phone for the department and I asked to speak with the manager. She told me she was it and so I asked to speak with her supervisor. That is when she said, "Oh is this Mrs. Jackson again" and tried telling me that she already submitted everything, blah blah, I didn't need to talk to anyone else, what supervisor was I referring to, blah blah. I just wanted the number of the higher up person so my husband could call them directly and find out exactly what document he needs to produce to satisfy "their requirement".

Anyway, you can deem me the crazy relative if you want.

No, just someone trying to get fair treatment for her husband.

[mawilson 2,133]

Let us know if he is able to get the unrestricted social. I'm really curious after the hard time they gave my husband about it, when he had his actual physical PR card.

Why did they give him a hard time?

A permanent resident is entitled to an unrestricted card, there's no question about it.

You're supposed to tell the SSA when your immigration status changes. Even if you

are already a permanent resident (with an unrestricted card), you must still notify

the SSA if or when you become a U.S. citizen.

[bettenan 1]

Then I clearly failed Immigration 101. Oh well.......another thing I have somehow messed up. Its just that kind of day

LOL, I failed too....

I think it helps to have an unrestrictive card to build credit as well (but not sure of that)

That's not even close to true A creditor has never asked to see my social security card

I understand it's not the actual card. BUT when you change it with SS they do change your status and it will change with the the credit bureaus.. I did check. That's not to say creditor's won't give credit (obviously). Richard got his first credit card while he had his restricted SS card.

[mawilson 2,133]

Then I clearly failed Immigration 101. Oh well.......another thing I have somehow messed up. Its just that kind of day

LOL, I failed too....

I think it helps to have an unrestrictive card to build credit as well (but not sure of that)

That's not even close to true A creditor has never asked to see my social security card

I understand it's not the actual card. BUT when you change it with SS they do change your status and it will change with the the credit bureaus.. I did check. That's not to say creditor's won't give credit (obviously). Richard got his first credit card while he had his restricted SS card.

The credit bureaus have no idea what kind of SSN it is, nor do they care. You can use a full

unrestricted SSN, SSN marked "not valid for employment" or "valid with DHS authorization only" -

it makes no difference whatsoever. You can even use an ITIN.

[iansig40 1]

Thanks for the info. I will send hubby off on an errand first thing Monday morning to the Soc Security Office

As far as the whole credit thing, I don't think the unrestricted SS card has any bearing on that. My hubby has more credit cards than me and a higher credit rating as well at this point. (I'm still repairing mine from my divorce years back)

Anyway, I remain vigilant. Thanks again to everyone.

Let us know if he is able to get the unrestricted social. I'm really curious after the hard time they gave my husband about it, when he had his actual physical PR card.

Also, we never knew that it was Immigration 101 to go to the SS office and get an unrestricted card the minute he got his PR card. That's why we waited until the last minute (when we realized it). I've been on these boards for awhile, and never really noticed it before then, or I'm not sure how I didn't know. I'm pretty up on that stuff and extremely organized. So don't feel too bad for not knowing, or for him not knowing! I think it should be pointed out more often to people.

So your husband got a restricted SS card ?

I got a unrestricted SS card after three weeks of living in US .All I took with me at Soc Security Office was my Alien card and my Canadian passport ,didn't have a problem !

Man ...this country is full of contradictions !!!!!