Getting a new job while I-751 still pending! Help!

[Fox77 8]

Hello everyone, 

so I have a situation where I just really need some advice and help from you!

any advice will be appreciated!

so here's my situation.

I got my green card in September 2014 And then 2016 came and it was time to file for I-751! So we filled timley a joint petition.

and everything went smoothly.

so my green card has expired in September 2016! But I stayed working with same employer until the beginning of 2017 then I left my job about 3 months ago and I really wanna get a new job! But!!

I just don't know how to meet the requirements regarding I-9 form that they give you to fill when you get hired for a new job!

I really need to get a job soon, but I don't want the new employer to wonder what is going on!

thank you all!

[bellylaugh 14]

My extension letter (and expired green card) was just fine for the I-9. Admittedly, I had to help them interpret the letter, but it was clearly an official government document and they were fine with it.

[hsa12390 30]

Do you have a valid drivers license and social security card? that's all you need to fulfill the I-9 requirements, as long as there are no restrictions on either of those. You don't need to show your GC or extension letter as long as you have those 2 documents

[Ketsuban 1,034]

If they demand to see your immigration papers for the I-9 then they're in breech of the law. All I showed my employer was my DL and SSN.

[Fox77 8]

Yeah I have a full DL and also unrestricted SSN card!

so what if they said show me your green card? 

Since I still need to put my alien # under 

immigtation status in the I-9 form

[Mollie09 1,543]

16 minutes ago, Fox77 said:

Yeah I have a full DL and also unrestricted SSN card!

so what if they said show me your green card? 

Since I still need to put my alien # under 

immigtation status in the I-9 form

If they demand to see your green card you tell them all you need is to fulfill the requirements of the I-9, and they can't demand specific documents. It's not legal.

 

From the I-9 form itself:

ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination.

Edited July 6, 2017 by Mollie09

[wavj 26]

1 hour ago, Mollie09 said:

If they demand to see your green card you tell them all you need is to fulfill the requirements of the I-9, and they can't demand specific documents. It's not legal.

 

From the I-9 form itself:

ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination.

I recall when I submit all the information during the process of being hired by a staffing agency, part of the questionnaire was if I was a LPR and also provide proof of it. They requested a copy of my green card, once the expiration time of my conditional card approached, they requested a copy of the NOA I-797 confirm my ongoing ROC process which will allow me to work with them for another year and so I did. Now I am in the process to be interviewed for another job, my NOA has date 08/02/16 and my GC expiration date was 08/20/2016.  Any suggestions on how to proceed with possible new employer?  should I mention my situation and the immediate process I have to go through as far as getting my Mexican passport next week and the following week going to my infopass appointment to get the extra year extension stamp?  I have my SSC with no restrictions and valid Driver's license.

[Ketsuban 1,034]

21 hours ago, wavj said:

I recall when I submit all the information during the process of being hired by a staffing agency, part of the questionnaire was if I was a LPR and also provide proof of it. They requested a copy of my green card, once the expiration time of my conditional card approached, they requested a copy of the NOA I-797 confirm my ongoing ROC process which will allow me to work with them for another year and so I did. Now I am in the process to be interviewed for another job, my NOA has date 08/02/16 and my GC expiration date was 08/20/2016.  Any suggestions on how to proceed with possible new employer?  should I mention my situation and the immediate process I have to go through as far as getting my Mexican passport next week and the following week going to my infopass appointment to get the extra year extension stamp?  I have my SSC with no restrictions and valid Driver's license.

They broke the law. They cannot specify what you show them from the list of approved documents and can't ask to reverify further down the line.

 

When you proceed with the new employer, show them your driver's license and SSN, or anything else you choose. As long as it meets the requirements of the I-9 (and yes you can use your immigration paperwork if you want, but you don't have to), they can't demand to see something else. If they do then you should politely and tactfully inform them that what they have requested contravenes federal law.

[charmander 692]

Has anyone used this Self Check service with a pending I-751? https://www.uscis.gov/mye-verify/self-check

 

If I understand correctly, it is supposed to show your employment eligibility based on the information you provide. It says it cannot be used for I-9 purposes but gives you the same results the employers see on e-verify. https://www.uscis.gov/sites/default/files/USCIS/Verification/E-Verify Self Check/Native Docs/SelfCheck brochure SG4 1-Final.pdf

 

 

[Shumai 6]

I haven't renewed my SSN card (I only have one that has restriction) since I became permanent resident. With both I-751 and N-400 pending, may I still be able to get a new SSN card (with no restriction)?

Thank you!

[Kris-Sy 6]

59 minutes ago, Shumai said:

I haven't renewed my SSN card (I only have one that has restriction) since I became permanent resident. With both I-751 and N-400 pending, may I still be able to get a new SSN card (with no restriction)?

Thank you!

No. You need to wait for the  green card or for your naturalization paper.  Same thing happened to me, i went with the extension letter  and expired green card to remove the '' DHS restriction'' .  They didn't do it. They told me that i needed  an un-expired green card and can't use the letter as proof.  i recently got it updated once i received my 10 yr card.

[Shumai 6]

15 minutes ago, Kris-Sy said:

No. You need to wait for the  green card or for your naturalization paper.  Same thing happened to me, i went with the extension letter  and expired green card to remove the '' DHS restriction'' .  They didn't do it. They told me that i needed  an un-expired green card and can't use the letter as proof.  i recently got it updated once i received my 10 yr card.

I see.

Thank you for sharing the experience! 

[charmander 692]

1 hour ago, Kris-Sy said:

No. You need to wait for the  green card or for your naturalization paper.  Same thing happened to me, i went with the extension letter  and expired green card to remove the '' DHS restriction'' .  They didn't do it. They told me that i needed  an un-expired green card and can't use the letter as proof.  i recently got it updated once i received my 10 yr card.

 

1 hour ago, Shumai said:

I see.

Thank you for sharing the experience! 

Check this link folks https://secure.ssa.gov/poms.nsf/lnx/0110211025

 

According to Item C.1.d. SSA should have accepted the expired card accompanied by the I-751 extension letter. Then, according to Item C.3 they should also accept valid I-551 stamps on passports.Perhaps you could give another shot with a print out of this official document. 

 

Just as some DMVs don't know what to do with extension letters, some SSA office may also have no idea what they mean. Nevertheless they have this explained in their official manual.

Edited July 7, 2017 by charmander

[mindthegap 2,590]

4 hours ago, charmander said:

Has anyone used this Self Check service with a pending I-751? https://www.uscis.gov/mye-verify/self-check

 

If I understand correctly, it is supposed to show your employment eligibility based on the information you provide. It says it cannot be used for I-9 purposes but gives you the same results the employers see on e-verify. https://www.uscis.gov/sites/default/files/USCIS/Verification/E-Verify Self Check/Native Docs/SelfCheck brochure SG4 1-Final.pdf

 

 

Yep - just did and it works fine.

 

 

 

At least I know my status & work authorisation hasn't been terminated due to them failing to send me another interview appointment notice 

Edited July 7, 2017 by mindthegap

[Ketsuban 1,034]

22 hours ago, charmander said:

Has anyone used this Self Check service with a pending I-751? https://www.uscis.gov/mye-verify/self-check

 

If I understand correctly, it is supposed to show your employment eligibility based on the information you provide. It says it cannot be used for I-9 purposes but gives you the same results the employers see on e-verify. https://www.uscis.gov/sites/default/files/USCIS/Verification/E-Verify Self Check/Native Docs/SelfCheck brochure SG4 1-Final.pdf

 

 

I just tried it and it said it was unable to verify my identity. I got the same problem when I tried registering with the healthcare marketplace in 2015 and again in 2016. However, I'm employed and I know my employer had no issues with e-verify so I guess it's just one of those things.

Edited July 8, 2017 by Ketsuban