Is This True...?

[tammiandtom 0]

Actually crazieladybug, it is NOT LEGAL for an employer to specifically ask to see a green card.

I think that is why meauxna suggested reading the I-9.

As long as you can establish that you are eligible to work in the US and you can confirm your identity, an employer is not allowed to ask for anything more. A DL license, military ID, Passport, etc will confirm identity and an UNRESTRICTED SS card establishes eligibility to work. If you can present those documents, an employer is not allowed to ask to see your green card.

HTH

Melissa

Oh ok. I think a lot of employers are not familiar with the laws then, in our experience they do ask. But this good to know!

[Yodrak 7]

crazieladybug,

I think you're right, some employer may not be as familiar with the law as they should be. Others may interpret the law differently, which for some aspects they can do as long as they apply their interpretation consistently for all employees.

As a practical matter, it's usually not a good idea to begin one's employment with a dispute over what the employer can and cannot do. Save it for a possible law suit should employment be unfairly terminated or denied over the issue.

Yodrak

Actually crazieladybug, it is NOT LEGAL for an employer to specifically ask to see a green card.

I think that is why meauxna suggested reading the I-9.

As long as you can establish that you are eligible to work in the US and you can confirm your identity, an employer is not allowed to ask for anything more. A DL license, military ID, Passport, etc will confirm identity and an UNRESTRICTED SS card establishes eligibility to work. If you can present those documents, an employer is not allowed to ask to see your green card.

HTH

Melissa

Oh ok. I think a lot of employers are not familiar with the laws then, in our experience they do ask. But this good to know!

Edited April 19, 2007 by Yodrak

[meauxna 15]

My husband never fixed his either. I figured it was one of those moot points. It says he requires authorization and then his GC says he is authorized. Never had a problem.

It's only moot, or not a problem until the unexpected happens. Earlier, someone posted about unexpectedly lost his job, his GC was expiring, and he didn't have adequate hiring documents to get a new job.

Yes, you could go and get an I-551 stamp, but it's extra hassle (more than going to SSA!).

An expired Green Card + extension NOA are not hiring documents.

crazieladybug: An employer should never ask about a person's specific status; they can ask if the person is employment authorized. The employer can not dictate which documents a candidate shows to prove their employment auth, and shouldn't ask for a Green Card (even if that is the doc they are most familiar with).

[Phoenix 0]

Weird. Shortly after my husband got his conditional green card in 2005 we went to the Social Security office to do just this, get the new card without the conditional statement on it. They refused to issue a new card saying that it was supposed to be that way and his green card was his proof that he was authorized to work. We are shortly submitting the I-751 to remove conditions, I wonder if we should try again after getting the 10-year card.

[tammiandtom 0]

Weird. Shortly after my husband got his conditional green card in 2005 we went to the Social Security office to do just this, get the new card without the conditional statement on it. They refused to issue a new card saying that it was supposed to be that way and his green card was his proof that he was authorized to work. We are shortly submitting the I-751 to remove conditions, I wonder if we should try again after getting the 10-year card.

This is what I'm afraid of. That my husband will take time off from work to get this done and be told something ridiculous like this. The social security office is not as convienent for us as the local USCIS office.

[meauxna 15]

I don't see why these fears would keep you from getting what you are clearly entitled to. You can arm yourself with dozens of different documents, most of them from SSA.gov, that show that as a PR, you ARE entitled to a no-legend card. Their instructions for upgrading it are right on their own webpage. If you have trouble with the frontline person, politely ask to speak with the manager and stick to your guns.

If you wait until after the 10-year card, you are in just as much jeopardy as if you never did anything.. the most vulnerable period (for this topic) is from 14 days before the 2-year card expires through receipt of the 10-year card.

If you have to educate a few SSA employees on the way, well, consider it your public service to the rest of your community!

[tammiandtom 0]

I don't see why these fears would keep you from getting what you are clearly entitled to. You can arm yourself with dozens of different documents, most of them from SSA.gov, that show that as a PR, you ARE entitled to a no-legend card. Their instructions for upgrading it are right on their own webpage. If you have trouble with the frontline person, politely ask to speak with the manager and stick to your guns.

If you wait until after the 10-year card, you are in just as much jeopardy as if you never did anything.. the most vulnerable period (for this topic) is from 14 days before the 2-year card expires through receipt of the 10-year card.

If you have to educate a few SSA employees on the way, well, consider it your public service to the rest of your community!

Where are the instructions for upgrading it? (link?) I did not see that.

I would like to print out the info for him to take with him. The SS office is just really the biggest pain ever, worse than the DMV.

What is with the 14 days before though, what is the purpose of that and why 14 days. That seems kind of ridiculous that 15 days before he can updated it, but the next day he can't.

Edited April 20, 2007 by crazieladybug

[meauxna 15]

I wish I had organized these threads better so I could find it--I have written them out in this forum...gaa.

Anyway, SSA will not issue a new card if the alien's evidence is within 14 days of expiring--same rule that covers why K-1s have to go in in their first 76 days. Whterher or not it's ridiculous--I'm not defending any of these agencies, just trying to let you know how they work so you can get what's yours.

Have you had a look at ssa.gov? If not, please do & I will have to look later on for you..

[tammiandtom 0]

Have you had a look at ssa.gov? If not, please do & I will have to look later on for you..

Yes, I have looked, I mentioned in my last post that I couldn't find that.

If you look later I would really appreciate it!! Thank you.

[tammiandtom 0]

I finally found the info on the website:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...amp;p_topview=1

My husband is going this week, I'll report back.

[Lou Lou 1]

I went to the SS office after I got my GC to do exactly the same thing. The officer refused to change it so I politely asked to see the manager. The manager refused even more so and I handed her the papers that I printed from their website. After 10 minutes she said wouldn't do it as she had never had to do it before. I asked politely for her to check the website, and after another 30 minutes she finally gave in and changed it. Stay calm and polite but imply that there is no way your feet are gonna move until they do what they have to do.

[Mr. Big Dog 10,747]

The Green Card + extension letter are not valid hiring documents.

Oh yes, they are. Take a look at acceptable docs from List A on I-9:

4: Unexpired foreign passport, with I-551 stamp or attached Form I-94 indicating unexpired employment authorization

5: Permanent Resident Card or Alien Registration Receipt Card with photograph

The extension letter is as good for employment purposes as it is for travel. There's simply no need to panic about the SSC w/o the "DHS authorization for employment required" line. The GC (and extension letter) are just that: DHS authorization for employment. I've had that restricted SSC until well over a year after I became a citizen and never, ever had any trouble with it.

[tammiandtom 0]

The Green Card + extension letter are not valid hiring documents.

Oh yes, they are. Take a look at acceptable docs from List A on I-9:

4: Unexpired foreign passport, with I-551 stamp or attached Form I-94 indicating unexpired employment authorization

5: Permanent Resident Card or Alien Registration Receipt Card with photograph

The extension letter is as good for employment purposes as it is for travel. There's simply no need to panic about the SSC w/o the "DHS authorization for employment required" line. The GC (and extension letter) are just that: DHS authorization for employment. I've had that restricted SSC until well over a year after I became a citizen and never, ever had any trouble with it.

Quite a few people on this board have had very serious issues with empolyment and them not accepting the extension letter. And as I've learned, if my husband has the SS card that does not say anything about restrictions on it, along with his drivers license... there is no need for them ever to ask to see his greencard. Sounds good to me, so why not update the SS card.

[Mr. Big Dog 10,747]

The Green Card + extension letter are not valid hiring documents.

Oh yes, they are. Take a look at acceptable docs from List A on I-9:

4: Unexpired foreign passport, with I-551 stamp or attached Form I-94 indicating unexpired employment authorization

5: Permanent Resident Card or Alien Registration Receipt Card with photograph

The extension letter is as good for employment purposes as it is for travel. There's simply no need to panic about the SSC w/o the "DHS authorization for employment required" line. The GC (and extension letter) are just that: DHS authorization for employment. I've had that restricted SSC until well over a year after I became a citizen and never, ever had any trouble with it.

Quite a few people on this board have had very serious issues with empolyment and them not accepting the extension letter.

At any company, the HR staff administering the I-9 filing may be inexperienced. That doesn't mean that the resident alien holding such letter is not authorized to work. There is a certain liability on a company that refuses to accept proper documentation. The EEOC loves to hear about such employers...

[tammiandtom 0]

The Green Card + extension letter are not valid hiring documents.

Oh yes, they are. Take a look at acceptable docs from List A on I-9:

4: Unexpired foreign passport, with I-551 stamp or attached Form I-94 indicating unexpired employment authorization

5: Permanent Resident Card or Alien Registration Receipt Card with photograph

The extension letter is as good for employment purposes as it is for travel. There's simply no need to panic about the SSC w/o the "DHS authorization for employment required" line. The GC (and extension letter) are just that: DHS authorization for employment. I've had that restricted SSC until well over a year after I became a citizen and never, ever had any trouble with it.

Quite a few people on this board have had very serious issues with empolyment and them not accepting the extension letter.

At any company, the HR staff administering the I-9 filing may be inexperienced. That doesn't mean that the resident alien holding such letter is not authorized to work. There is a certain liability on a company that refuses to accept proper documentation. The EEOC loves to hear about such employers...

http://www.visajourney.com/forums/index.php?showtopic=64604