Green Card and Work

[Nancy2015 2]

Hi all,

I don't really post here any more, and what I'm gonna post now is not new to a lot of people here, but I just want to remind you - once you get your GC, go to your SSA office, remove the "DHL authorization" thing from your SS card, and always show your Driver's Licence/State ID + SSA card when you're filling out the I-9 form.

I was unlawfully terminated at one of my jobs because my green card expired a few days ago. They were trying to re-verify my employment, which is illegal for them to do. They insisted I produce another green card. The INA specifically states that an employer can't demand to see a particular document and that they are supposed to accept whatever documents you have that satisfy the I-9 requirement.

Sure enough, I sent the HR all the links to all the sources that confirm that I'm in the right here. I thought it was a blessing in disguise, cause it was actually my second job - I have a full time job aside from that, I'm in school for my master's and I am also doing volunteer work, so I wasn't that unhappy about losing the part time job. However, if that happened to my main job, I would have been really screwed.

If stuff hits the fan, you can always go to your local USCIS office and get an I-551 stamp in your passport if you have an I-751 or an I-90 pending.

Here's the full text of the INA that pertains to I-9: http://www.uscis.gov/files/nativedocuments/m-274.pdf

Documents that satisfy the I-9 requirement: http://www.uscis.gov/files/form/I-9.pdf (scroll down to page 4)

UPDATE: I just got an email from HR with apologies - they admitted they were wrong and reinstated me...

[KGSodie 0]

Wowsers. Most HR departments I've had experience with defend their position to the bitter end, even in the face of incontrovertible evidence. Good for you!

[rebeccajo 14]

UPDATE: I just got an email from HR with apologies - they admitted they were wrong and reinstated me...

Idiots.

[Jasman0717 9]

Wowsers. Most HR departments I've had experience with defend their position to the bitter end, even in the face of incontrovertible evidence. Good for you!

HR never makes mistakes

[geezer 1]

Hi all,

I don't really post here any more, and what I'm gonna post now is not new to a lot of people here, but I just want to remind you - once you get your GC, go to your SSA office, remove the "DHL authorization" thing from your SS card, and always show your Driver's Licence/State ID + SSA card when you're filling out the I-9 form.

I was unlawfully terminated at one of my jobs because my green card expired a few days ago. They were trying to re-verify my employment, which is illegal for them to do. They insisted I produce another green card. The INA specifically states that an employer can't demand to see a particular document and that they are supposed to accept whatever documents you have that satisfy the I-9 requirement.

Sure enough, I sent the HR all the links to all the sources that confirm that I'm in the right here. I thought it was a blessing in disguise, cause it was actually my second job - I have a full time job aside from that, I'm in school for my master's and I am also doing volunteer work, so I wasn't that unhappy about losing the part time job. However, if that happened to my main job, I would have been really screwed.

If stuff hits the fan, you can always go to your local USCIS office and get an I-551 stamp in your passport if you have an I-751 or an I-90 pending.

Here's the full text of the INA that pertains to I-9: http://www.uscis.gov/files/nativedocuments/m-274.pdf

Documents that satisfy the I-9 requirement: http://www.uscis.gov/files/form/I-9.pdf (scroll down to page 4)

UPDATE: I just got an email from HR with apologies - they admitted they were wrong and reinstated me...

This is good advice, to show other forms of identification rather than the GC.

However, I would be careful about claiming it is illegal for them to ask you. If you live in a state that is "Employee at Will" the employer can fire and you can quit for no reason. So if you like your job you could very well be out in the street by protesting and standing up for your rights in a case such as this. Technically there is an exception in the employee at will states that says they can't act illegally that might come into play in a case like this, but practically they will most likely decide you are a troublemaker and get rid of you..

[Completely 3]

Wowsers. Most HR departments I've had experience with defend their position to the bitter end, even in the face of incontrovertible evidence. Good for you!

HR never makes mistakes

Yes they do.. Everyone can make mistakes.. Based on how they understand and interpret what they read.. One example is my situation.

When I was a greencard holder, I did apply several position in contracting jobs but they have told me, that they cant hire me as I am still a foreign national and will violate ITAR Regulation. I researched a lot of resources online and proved to them that they were wrong.. Greencard holder is considered a US person, and must enjoy the same labor rights like a US citizen provided that the position does not require security clearance.

I filed a complaint in the Company OMBUDSMAN and they heard my case. To make the story short, the case got resolved and I won the case and they told me that I can be hired in the position I was applying for..

Sometimes lack of training in one field can make someone incompetent and ignorant about their job.

[awaterlily 0]

sorry to hear of your unfair job termination. That said, I think your situation is not the ordinary.

[Canadianmade 1]

sorry to hear of your unfair job termination. That said, I think your situation is not the ordinary.

I agree that is awful and sorry to hear about your wrongful termination. I do think that it was cool on the HR end to admit they were wrong because this kinda situation could of gone either way and usually they could of not admit they were wrong.

[Nich-Nick 3,354]

Am I missing something here??? HR is the the "idiot" baddie here when you are the one that let your green card expire? Somebody explain to me if a green card is expired, what is one's status and are you still authorized to be in the US and work in the US at that moment in time?

Edited January 8, 2009 by Nich-Nick

[rebeccajo 14]

Am I missing something here??? HR is the the "idiot" baddie here when you are the one that let your green card expire? Somebody explain to me if a green card is expired, what is one's status and are you still authorized to be in the US and work in the US at that moment in time?

Because a greencard doesn't 'expire'.

Conditional residents have a date on their card - that's their 'drop dead' date by which they must file to lift the conditions. It means nothing other than that.

Once an employee produces a greencard (per the I9 instructions) that is it. The employer is forbidden to ask to see a 'new card' just because the conditional card has an 'expiry' date on it. That date is for immigration purposes only.

What is one's status if the date on the card has expired? The status is Legal Permanent Resident.

An alien can fall out of status if they don't file to lift conditions. But the employer is not liable for that error of the alien. If the employer has a greencard on file as proof of identity and eligibility, they are protected under the law. The alien will be the one with problem - not them.

Edited January 8, 2009 by rebeccajo

[Nich-Nick 3,354]

Ok, I get it now. Thanks. Don't have the GC yet, so haven't gotten that far into knowing all the nuances of having one.

[RGNSCOT 0]

HI...

Just thought i would add to this post..

I received a letter the other day from HR dept at work stating i would be terminated on the 11th of this month cos my EAD would expire. I gave them my greencard and they photocopied it...

Guess i should have read this post first.. i didnt know not to show them it.. well anyway now i know..

My husband rang me at work in a tizzy telling me i was goin to lose my job and asking did i forget to renew something... he thought we had run out of time to apply for removal of conditions

So its obvious that HR dept staff dont know all the facts...

aggy xx

[aidan80 9]

Sorry to hear you lost your job, glad they gave it back! I'd be making a complaint and demanding they get some proper training on how to deal with these matters. Thanks for the links, I'll be bookmarking them! I had a similar problem with my "Human Disservice Dept". When I started there I gave them a copy of my SSN with the DHS stamp on it, copy of my I-551 in the passport. I further updated what with my then new GC and again up dated it with my new SSA card without the DHS notion. During the process of updating everything I noticed they managed to lose it all!.. I had a copy so sent it back over to them to add to the file.

Fast forward to present I get my new GC stamp and I knew fine well I didn't have to give them anything I thought I'd be nice and give them a copy of my stamp in my passport as I'm in removal of conditions. Now bear in mind my GC was "expired" by at least two months by this point in time!.. After they "update" my file I get a call from one of them in a bit of a panic saying that I "had" to give them a copy of the actual card when I got it!.. I said that is an actual stamp works just the same as the card. The new card I wouldn't have for maybe another year or more in the mean time I can get another I-551 stamp if I needed to travel but not required as I can still complete I-9 without the stamp or card. If the people in that department had a brain in their heads they'd be dangerous! The response was just to ask for the card again when I got it, it's not that person fault as I knew it was their boss dictating they go get my "card". lol

So yes I agree 110% with Sid and Nancy, don't show HR $hite all unless you really have to. After their experience and my own brief brush with the homers in HR I won't be showing anything other than my SSA and State ID in the future for I-9. The only scary thing is some of them really can be stupid enough to have you fired because they don't know how to do their own jobs.

Edited January 11, 2009 by aidan80

[rebeccajo 14]

Question 33 on Page 26 of the Handbook for Employers M-274 (Rev. 11/01/2007) N, Instructions for Completing the Form I-9 (Employment Eligibility Verification Form), contains a VERY important note that should be all an alien with a Permanent Resident Card need show to their employer:

Q. What do I do when an employee’s work authorization noted in either Section 1 or 2 of the Form I-9 expires?

A. You will need to reverify on the Form I-9 to continue to employ the person. Reverification must occur no later than the date that work authorization expires. The employee must present a document from either List A or List C that shows either an extension of his or her initial employment authorization or new work authorization. You must review this document and, if it reasonably appears on its face to be genuine and to relate to the person presenting it, record the document title, number, and expiration date (if any),in the Updating and Reverification Section (Section 3), and sign in the appropriate space. If you used a version of the Form I-9 that predates the

June 5, 2007, version for the employee’s original verification, you must complete Section 3 of the latest Form I-9 upon reverification.You may want to establish a calendar call-up system for employees whose employment authorization will expire in the future.

NOTE: You should not reverify an expired U.S. passport or an Alien Registration Receipt Card/Permanent Resident Card, Form I-551, or a List B document that has expired.

NOTE: You cannot refuse to accept a document because it has a future expiration date. You must

accept any document (from List A or List C) listed on the Form I-9 and in the Appendix of this Handbook

that on its face reasonably appears to be genuine and to relate to the person presenting it. To do otherwise

could be an unfair immigration-related employment practice in violation of the anti-discrimination

provision of the INA.

[aidan80 9]

Question 33 on Page 26 of the Handbook for Employers M-274 (Rev. 11/01/2007) N, Instructions for Completing the Form I-9 (Employment Eligibility Verification Form), contains a VERY important note that should be all an alien with a Permanent Resident Card need show to their employer:

Q. What do I do when an employee's work authorization noted in either Section 1 or 2 of the Form I-9 expires?

A. You will need to reverify on the Form I-9 to continue to employ the person. Reverification must occur no later than the date that work authorization expires. The employee must present a document from either List A or List C that shows either an extension of his or her initial employment authorization or new work authorization. You must review this document and, if it reasonably appears on its face to be genuine and to relate to the person presenting it, record the document title, number, and expiration date (if any),in the Updating and Reverification Section (Section 3), and sign in the appropriate space. If you used a version of the Form I-9 that predates the

June 5, 2007, version for the employee's original verification, you must complete Section 3 of the latest Form I-9 upon reverification.You may want to establish a calendar call-up system for employees whose employment authorization will expire in the future.

NOTE: You should not reverify an expired U.S. passport or an Alien Registration Receipt Card/Permanent Resident Card, Form I-551, or a List B document that has expired.

NOTE: You cannot refuse to accept a document because it has a future expiration date. You must

accept any document (from List A or List C) listed on the Form I-9 and in the Appendix of this Handbook

that on its face reasonably appears to be genuine and to relate to the person presenting it. To do otherwise

could be an unfair immigration-related employment practice in violation of the anti-discrimination

provision of the INA.

I read that too!!.. I'm really glad those links were posted