Employment while I-751 is pending

[Moomin 292]

Is there a reason why you would show your green card when drivers license and an unrestricted SS card would suffice? I never showed my green card when I started a job, only updated HR once I became a citizen.

Ehm.. Driver's license might only be valid until your greencard has to be renewed however I'm guessing some employers mostly look at the driver's license because they are most familiar with that form of ID and not the EAD, especially if it's a small company. My boss studied EAD/AP combo card for quite a while until he finally asked for driver's license or something he'd recognize instantly.

So yes and no however you're not required to update your social security card/info, and some don't. You are required to have an unexpired EAD/greencard in order to continue working.

[Harsh_77 718]

No, we had figured that they would be on top of the rules, since they knew she was on a green card. I am scanning the letter now and we're going to send it off in the morning.

Its not being on top of the rule, you need to provide the new letter to HR so they can update their record and make sure your wife is in good standing with immigration.

[Mike B. 231]

Its not being on top of the rule, you need to provide the new letter to HR so they can update their record and make sure your wife is in good standing with immigration.

Yeah. I don't understand how you think your employer would know she filled out the requisite forms and obtained the letter of extension without you letting them know. Employers are not notified of changes in status. It's their own responsibility to make sure that they are not employing people who do not have the legal ability to work in the US.

Anyway, it sounds like the problem has been resolved, which is good.

[NW Mushroom 5]

In the future, just get your employer to confirm your eligibility to work via e-verify: http://www.dhs.gov/e-verify

[Wyatt's Torch 45]

Oh, it's definitely the HR person's fault. Before jumping to conclusions, she should have had a quiet, private discussion with the OP's wife, who would have been able to clear it up in a single sentence. Remember: it is the HR person's responsibility to know and understand what constitutes legal work authorization. That's what HR is FOR.

[Paul W. 0]

So we figured out what happened. When the HR rep called, my wife mentioned having the NOA letter. The rep then called the law firm they use to get advice, and the lawyer there told her that the letter wasn't enough and she needed to get the stamp in her passport (which we all know is wrong now). They haven't had an employee on a green card in a while, so they didn't know that things had been streamlined with the letter being the authorization. We sent a scan of the letter to the HR dept. and my wife's bosses, and they quickly realized that everything was up to date. She got a very sincere apology the next day from the head of the company saying that the situation was handled very poorly and wouldn't happen again.

It probably could have been avoided if we had shown them the letter earlier. The reason we didn't think about it is that the USCIS is usually so explicit with instructions, that we assumed if we needed to show it to someone it would have said so. Also, as I mentioned, she is working at a US Govt facility, so we really thought their HR dept would be on top of it. I work at a school where we have many students on F1 visas, and I know we are very proactive with their paperwork and deadlines. Anyway, all's well that ends well, and I hope if someone is in a similar situation they can read the thread and find it helpful.

Thanks to everyone who replied!

Paul

[TBoneTX 46,173]

All's well that ends well. Congratulations, si man!

[Mike B. 231]

So we figured out what happened. When the HR rep called, my wife mentioned having the NOA letter. The rep then called the law firm they use to get advice, and the lawyer there told her that the letter wasn't enough and she needed to get the stamp in her passport (which we all know is wrong now). They haven't had an employee on a green card in a while, so they didn't know that things had been streamlined with the letter being the authorization. We sent a scan of the letter to the HR dept. and my wife's bosses, and they quickly realized that everything was up to date. She got a very sincere apology the next day from the head of the company saying that the situation was handled very poorly and wouldn't happen again.

It probably could have been avoided if we had shown them the letter earlier. The reason we didn't think about it is that the USCIS is usually so explicit with instructions, that we assumed if we needed to show it to someone it would have said so. Also, as I mentioned, she is working at a US Govt facility, so we really thought their HR dept would be on top of it. I work at a school where we have many students on F1 visas, and I know we are very proactive with their paperwork and deadlines. Anyway, all's well that ends well, and I hope if someone is in a similar situation they can read the thread and find it helpful.

Thanks to everyone who replied!

Paul

Sounds like the problem was that the HR department was too "on top of it" and "proactive with their paperwork and deadlines."

[magentahaze 34]

I just updated my work today with my ROC NOA and they weren't too sure what to do, but I showed them the original, that I had with me, and gave them a copy.

They were going to look into it and if they needed anything else from me, that they would call me. I may have to go back and fill out some forms, but that's really no big deal.

Of course the one girl at the office that would know what to do, wasn't in, but they have the info they need and they know how to get a hold of me.

I work for a temp agency and the girls there are great. The one that looks after me is awesome and she knows my story so she can shed a little light on the other girls in the office that don't really know what my deal is.

[DC85 113]

Since your wife was hired as A GC holder, even if it's conditional , the employer shouldn't re-verfiy her employment again, this is what the I9 directions states. SO, I would advice you to print the DHS directions regarding I9 and show it to the HR. if they fire your wife claiming that because her work eligibility , she can file a complain under the Immigration Discrimination act with DHS, go to the forms in uscis.gov and read the I9 directions for the employer