HELP: DEADLINE TOMORROW - Work asked for PROOF OF WORKING PERMIT while renewing to the 10-yr GC. What should I submit to them?!

[mindthegap 2,590]

Indeed.

 

KISS (keep it simple stupid)

[greenapple1204 2]

@evapaula @mindthegap: Gotcha, I'll just use those 2 lines and then attach my scan of Stamp I-551. Thank you so much!

 

[Unidentified 2,930]

13 hours ago, mindthegap said:

Tell the HR dept to actually read the I-9 form and instructions. You should also read it so you know exactly what is permitted.

 

It even says at the top of the form itself:

“The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may constitute illegal discrimination”

 

At any rate, if you present a valid state ID and an unrestricted social security card, it fulfills I-9 requirements.

In addition, the employer is not permitted to specify which documents are presented.

But doesn't that just mean you still have to present them with updated papers, they just can't say "Oh, your Green Card is only valid for 1 year we're not going to hire you/continue to employ you". It doesn't say anything about them not being allowed to ask for your work status. 

[George & Roth 1,485]

12 hours ago, evapaula said:

I would start with the segment I highlighted in red and just keep it at that. Sometimes too much detail confuses people who are not familiar with the process. 

Exactly, I was preparing to post the same.

 

Your original email has too much information. Considering that your HR doesn't seem to understand the requirements I can't imagine what they would think after receiving your email with all of that information. 

[VeraBradley 27]

15 hours ago, greenapple1204 said:

Would this suffice as an email to send it back to her with the scans of my I-551and form I-797C (2 receipt number CIR & WOC included)?

 

"Hello Anita,

 

It was a pleasure talking to you today. As explained, I am a Permanent Resident and have kept all of my legal documents up to date. Allow me to walk you through my timeline real quick:

 

8/15/17: 2-year conditional Permanent Resident card expired

90 days prior to that anniversary, on 5/15/17, i’ve sent the petition to remove my conditional status on residence with Form I-751. 

Please find attached the Notice of Action 791 from USCIS as a receipt showing that my Removal of Condition package has been received by USCIS (US Citizenship and Immigration Services) and my case is moving along in the system. 

 

 

5/25/17 ROC package sent

6/3/17: Check cashed by USCIS

6/9/17: Biometrics Notice sent

6/28/17: Biometrics Appointment completed

2/13/18: Infopass appointment schedule to have 1-year stamp on birth country passport

Please find attached the scan of Stamp I-551 on my foreign passport, which is a form I-9 acceptable document (List A Document - which are documents that establishes both Identity & Employment Authorization). 

Please click on this link for the above reference: https://www.uscis.gov/i-9-central/acceptable-documents/list-documents/form-i-9-acceptable-documents

 

Scans: 

1/Form NOA 719 with 2 receipt numbers

2/ I-551 on Vietnam passport for proof of permanent residence"

I honestly don't think you need to provide the timeline. I am in HR as well and honestly, the link should suffice. Good luck.. let us know what they said.

[greenapple1204 2]

UPDATE 3/21/18 at 9:24AM: I sent exactly what you guys advised: just the 2 lines, the web link and scan of my passport & I-551 stamp. Now she said she needs to talk to Corporate before giving me an answer. #######? She asked me about the Work Permit, which I said that expired August 2017 but 90 days prior to that, I applied for removing the condition on my Green Card to 10-year, hence why I have the I-551 Stamp proving that I'm here legally till Feb 2019. Then she asked about I-94 form. She seems like she is completely clueless about this immigration thing and I'm scared to death that this girl is gonna mess everything up for me and get me out of my job. 

 

What else can I prepare when she calls me back in a couple hours? 

[Unidentified 2,930]

5 minutes ago, greenapple1204 said:

UPDATE 3/21/18 at 9:24AM: I sent exactly what you guys advised: just the 2 lines, the web link and scan of my passport & I-551 stamp. Now she said she needs to talk to Corporate before giving me an answer. #######? She asked me about the Work Permit, which I said that expired August 2017 but 90 days prior to that, I applied for removing the condition on my Green Card to 10-year, hence why I have the I-551 Stamp proving that I'm here legally till Feb 2019. Then she asked about I-94 form. She seems like she is completely clueless about this immigration thing and I'm scared to death that this girl is gonna mess everything up for me and get me out of my job. 

 

What else can I prepare when she calls me back in a couple hours? 

Maybe this can help? https://www.uscis.gov/i-9-central/71-lawful-permanent-residents-lpr

 

 

[CanadaToCT 5]

12 minutes ago, greenapple1204 said:

UPDATE 3/21/18 at 9:24AM: I sent exactly what you guys advised: just the 2 lines, the web link and scan of my passport & I-551 stamp. Now she said she needs to talk to Corporate before giving me an answer. #######? She asked me about the Work Permit, which I said that expired August 2017 but 90 days prior to that, I applied for removing the condition on my Green Card to 10-year, hence why I have the I-551 Stamp proving that I'm here legally till Feb 2019. Then she asked about I-94 form. She seems like she is completely clueless about this immigration thing and I'm scared to death that this girl is gonna mess everything up for me and get me out of my job. 

 

What else can I prepare when she calls me back in a couple hours? 

The full handbook is located here: https://www.uscis.gov/sites/default/files/USCIS/Verification/E-Verify/E-Verify_Native_Documents/E-Verify Manuals and Guides/M-274-Handbook-for-Employers.pdf 

 

It states that an expired green card and I-797 extending it one year is acceptable on page 16 (page 20 of the PDF).  There isn't going to be much that you can do except refer to the guides that have been provided, and provide the proper documents.  HR is going to have to do their research and educate themselves on acceptable documents, but you can't force them to do that.  Just be persistent and clear.

 

I would also present your unrestricted SS card and state ID if they are available.  

[arken 4,197]

14 minutes ago, greenapple1204 said:

UPDATE 3/21/18 at 9:24AM: I sent exactly what you guys advised: just the 2 lines, the web link and scan of my passport & I-551 stamp. Now she said she needs to talk to Corporate before giving me an answer. #######? She asked me about the Work Permit, which I said that expired August 2017 but 90 days prior to that, I applied for removing the condition on my Green Card to 10-year, hence why I have the I-551 Stamp proving that I'm here legally till Feb 2019. Then she asked about I-94 form. She seems like she is completely clueless about this immigration thing and I'm scared to death that this girl is gonna mess everything up for me and get me out of my job. 

 

What else can I prepare when she calls me back in a couple hours? 

That woman is completely clueless and you are making her even more clueless by saying your EAD is expired. She is so clueless that you have to make it simple for her to understand for your own sake.

 

Just tell her your i-551 stamp on the passport is the employment authorization.

Tell her to read or show her List A on page 3 of the i-9 she’s planning to fill.

[greenapple1204 2]

That's the only one thing I'm missing, the NOA1 that extended my status to 1 more year (I only received the biometrics letter) hence why I went and got my I-551 stamp last month. 

[mindthegap 2,590]

Clueless. Quick draft off the top of my head. Edit content/tone to taste:

 

“ I am a lawful permanent resident (aka green card holder) who is going through the removal of conditions process, as mandated by the Immigration Fraud Marriage Amendments Act of 1986 (Public Law 99-639, 11/10/86)which is required for an immigrant based on a marriage of less than two years duration.

 

This is a compulsory and lengthy process, and at no time during the removal of conditions process am I out of status, present in the United States unlawfully, or working unlawfully.

As a lawful permanent resident I do not have, nor require an I-94. I have provided you with my current valid proof of lawful permanent resident status and employment permission in the form of a current valid I-551 stamp, specified as acceptable in the I-9 requirements documents list. I can also provide you with an unrestricted social security card in conjunction with a valid state ID, which also fulfills the I-9 requirements.

 

I would kindly request that you once again read the specific I-9 form and instructions again (located here: https://www.uscis.gov/i-9 ) paying particular note to (amongst other things) the wording regarding employers legal restrictions on specifying the documents presented by the employer, and also the section detailing presentation of a document with a future expiry date, and how these actions by the employer may constitute illegal discrimination.

 

If you have any further questions I am happy to assist in a limited capacity, and you are of course free to consult with a corporate immigration attorney (of your choice and at your expense) or USCIS themselves, who will confirm the legal facts above to you. 

 

Regards.”

 

 

 

Edited March 21, 2018 by mindthegap
Autocorrect

[greenapple1204 2]

40 minutes ago, mindthegap said:

Clueless. Quick draft off the top of my head. Edit content/tone to taste:

 

“ I am a lawful permanent resident (aka green card holder) who is going through the removal of conditions process, as mandated by the Immigration Fraud Marriage Amendments Act of 1986 (Public Law 99-639, 11/10/86)which is required for an immigrant based on a marriage of less than two years duration.

 

This is a compulsory and lengthy process, and at no time during the removal of conditions process am I out of status, present in the United States unlawfully, or working unlawfully.

As a lawful permanent resident I do not have, nor require an I-94. I have provided you with my current valid proof of lawful permanent resident status and employment permission in the form of a current valid I-551 stamp, specified as acceptable in the I-9 requirements documents list. I can also provide you with an unrestricted social security card in conjunction with a valid state ID, which also fulfills the I-9 requirements.

 

I would kindly request that you once again read the specific I-9 form and instructions again (located here: https://www.uscis.gov/i-9 ) paying particular note to (amongst other things) the wording regarding employers legal restrictions on specifying the documents presented by the employer, and also the section detailing presentation of a document with a future expiry date, and how these actions by the employer may constitute illegal discrimination.

 

If you have any further questions I am happy to assist in a limited capacity, and you are of course free to consult with a corporate immigration attorney (of your choice and at your expense) or USCIS themselves, who will confirm the legal facts above to you. 

 

Regards.”

 

 

 

YOU ARE A GOD!! But I think it's best that I wait for her to call me back before firing off all aggressive and combat-like attitude. I mean I love it and that's who I am normally but it's best to make friends than enemy when it comes to work place and sensitive issue like this where you need all the puppy eyes and conforming with the law appearance as much as you can.  THANK YOU THANK YOU!! 

[evapaula 230]

1 hour ago, mindthegap said:

Clueless. Quick draft off the top of my head. Edit content/tone to taste:

 

“ I am a lawful permanent resident (aka green card holder) who is going through the removal of conditions process, as mandated by the Immigration Fraud Marriage Amendments Act of 1986 (Public Law 99-639, 11/10/86)which is required for an immigrant based on a marriage of less than two years duration.

 

This is a compulsory and lengthy process, and at no time during the removal of conditions process am I out of status, present in the United States unlawfully, or working unlawfully.

As a lawful permanent resident I do not have, nor require an I-94. I have provided you with my current valid proof of lawful permanent resident status and employment permission in the form of a current valid I-551 stamp, specified as acceptable in the I-9 requirements documents list. I can also provide you with an unrestricted social security card in conjunction with a valid state ID, which also fulfills the I-9 requirements.

 

I would kindly request that you once again read the specific I-9 form and instructions again (located here: https://www.uscis.gov/i-9 ) paying particular note to (amongst other things) the wording regarding employers legal restrictions on specifying the documents presented by the employer, and also the section detailing presentation of a document with a future expiry date, and how these actions by the employer may constitute illegal discrimination.

 

If you have any further questions I am happy to assist in a limited capacity, and you are of course free to consult with a corporate immigration attorney (of your choice and at your expense) or USCIS themselves, who will confirm the legal facts above to you. 

 

Regards.”

 

 

 

I love this! I'm getting riled up on greenapple1204's behalf and I would totally send something along these lines, basically switching the responsibility from you to her. It's not your problem she doesn't know how to do her job, and if she's giving you any serious grief, you have cause for legal action. 

I never even bothered to give anything more than my SS card and DL. But I also work  with a company that deals with and facilitates immigration. 

Edited March 21, 2018 by evapaula

[FrenchKat 32]

Straight to the point Mindthegap  

Love it! 

[greenapple1204 2]

UPDATE 3/21 @ 5:32PM: I just heard from my manager that the HR representative has been terminated with the company! Literally today!! What a coincidence.

Hopefully I get someone that is more experienced with immigration proceedings.  

 

Now that you guys have successfully persuaded me that the I-551 Stamp should be enough for them to update my status in their database. I have only one burning question left: 

 

For the length of 8/15/17 - 2/9/18 was when my Green Card expired and before I got my I-551 Stamp. I never received the NOA1 to actually prove that I am legal to stay here but still got Biometrics letter and so on (see my signature timeline). Would you think that it was good enough Grounds for Termination that I didn't tell HR that my GC expired in August 2017 and stayed silent until now when they did the audit and find the red flag in my status? In other word, would it count against the applicant if we didn't notify our company what we're doing about the soon-to-be-expired GC even though we're complied every single step listed by USCIS?

 

I'm just trying to list all the worst scenarios so if it ever happens, at least I'm prepared for it.