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aidan80

I9 Lists B/C HR Requesting I551?

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Filed: Citizen (pnd) Country: Ireland
Timeline

I recently got hired by a small local government. First day on the job HR asks I complete I9 which I do.. providing them with documentation from Lists B/C DL and SSN (without DHS Authorization stamp). I did check that I'm a LPR and provided my A#. HR comes back a day later asking that I provide them a copy of my Resident Card. I asked why as I9 required documentation from Lists B/C which was provided. They claim E-Verify requires them to actually see my Resident Card as I provided an A#. Now it's been a few years since I've read up on anything immigration related but last time I checked once I gave them what they needed from Lists B/C they don't need to see or make a copy of my Resident Card yet they insisted.

Filed N400 11/7/16

Check (CC) Cashed 11/10/16

Text/Email NOA 11/16/16

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You are right and they are wrong. Employers are not allowed to ask for specific documents as long as you fulfill the requirements of the I-9, which by showing your driving licence and unrestricted social security card you have done.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Tell them to read the anti-discrimination notice at the top of the I-9 form and if they are still confused, call the number listed at the top of the form for the Office of Special Counsel for Immigration-related Unfair Employment Practices.

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You need to make them aware of what it says on the form, since it looks like they haven't bothered to read the statement about discrimination. They can't argue with what the form says so they can't say you are making it up.

However, I have dealt with too many incompetent people in my life so most of the time I would rather just not argue and go about my day. That said, why not just show them the GC?

This does not constitute legal advice.

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Because that would be giving in to idiots.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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I completely agree. But what if they keep insisting to see his GC? He can file the complaint, then what? Wait for the bureaucratic process to play itself out before he can begin working? Or are they required to hire him while that process is pending?

Trust me, I'm all for giving people like these a piece of my mind, however if they keep insisting on seeing the GC and he has it available, why not show it and call it a day?

OP: You can certainly file a complaint if they keep insisting on seeing your GC after having shown them the notice on the form.

This does not constitute legal advice.

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By the way, you can ask your HR department to check their handbook for employers (M-274), I would assume they have a copy, if they keep insisting that the e-Verify requires them to see the GC. You can show them on page 42 of the handbook, question 8.

Here is a link with the handbook:

http://www.uscis.gov/sites/default/files/files/form/m-274.pdf


The handbook also has info about the penalties they could face if they retaliate against you for filing a complaint.

This does not constitute legal advice.

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Filed: Citizen (pnd) Country: Ireland
Timeline

Thanks for the responses, I didn't think anything had changed in the past few years and didn't have time to read up on it again but best to ask and be sure. I had to give my previous employer a printed copy of M-274 years ago when they insisted that they had to see my GC or they wouldn't allow me to keep working. I sat down and talked to my then director who was furious to say the least and promptly stopped HR form being.. HR.

I'll let it go with my current employer, they are a small organisation in the back woods so to speak. If they insist on seeing my GC again they'll get a link to M-274 which I'll ask them to read over and check page 42. Thanks again

Filed N400 11/7/16

Check (CC) Cashed 11/10/16

Text/Email NOA 11/16/16

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