Submitting ROC 20 days before green card expiration - employer wants to re-verify my employment eligibility - what now?

[divorcedgayman 11]

Hi there,

 

My conditional green card expires at the end of December 2017. The divorce with my abusive ex-spouse will be finalized November 30. I am planning to send all the documents to the USCIS in the first week of December.

 

However, my current employer wants to re-verify my employment eligibility since my green card contained an expiration date. I received the following email:

As you may be aware, your Permanent Resident Card is due to expire on December XX, 2017.  As an employer in the US, we are required to ensure that employees are eligible to work in the US.  Because of your Permanent Resident status, we need to re-certify your eligibility.  Please bring in your updated/current employment documentation to the Human Resources office before the expiration date. We will need to view and photo copy your identification document in order to re-certify your I-9 form. Please refer to the attached I-9 Instructions and list of acceptable documents.

 

I read on the I-9 form instructions, that they should not re-verify permanent residents (conditional or not, doesn't matter). Is there any specific law I can direct them to, which prohibits re-verification of green card holders with an expiration date? What is the best way to respond to their request?

 

I really cannot afford not to work / lose a job. I am in a difficult emotional situation due to abuse and grief, and I would hate to add a financial burden to this.

 

I'd deeply appreciate your help.

[broppy 204]

50 minutes ago, divorcedgayman said:

I read on the I-9 form instructions, that they should not re-verify permanent residents (conditional or not, doesn't matter). Is there any specific law I can direct them to, which prohibits re-verification of green card holders with an expiration date? What is the best way to respond to their request?

You can point them at M-274 Handbook for Employers - that also states:

Quote

Reverification is never required for U.S. citizens and noncitizen nationals. Do not reverify the following documents after they expire: U.S. passports, U.S. passport cards, Alien Registration Receipt Cards/Permanent Resident Cards (Form I-551), and List B documents.

Or, at a push, show them your valid driver's license and unrestricted social security card if you have them.

[divorcedgayman 11]

4 minutes ago, broppy said:

Or, at a push, show them your valid driver's license and unrestricted social security card if you have them.

Can I still go to the Social Security Administration office to unrestrict my social security card even though my GC expires in a month?

 

 

[Lemonslice 4,859]

2 minutes ago, divorcedgayman said:

Can I still go to the Social Security Administration office to unrestrict my social security card even though my GC expires in a month?

 

 

Yes.

[divorcedgayman 11]

Just now, Lemonslice said:

Yes.

Ok. I will just do that then.

[broppy 204]

And if all else fails, you can file a charge with the Immigrant and Employee Rights section of the Justice Department for unfair documentary practices.

[NYCruiser 423]

24 minutes ago, divorcedgayman said:

Can I still go to the Social Security Administration office to unrestrict my social security card even though my GC expires in a month?

 

 

Yes, though it would have been easier to do this when you first got your GC. The restricted SS # is a pain if you need to apply for a Mortgage, Credit Card etc..