I551 Stamp Extension .. LETTER?

[charlieprince 24]

my wife is in the roc process right now and we had to get the i551 extension stamp.. no problems there. we actually just came back from vacation and the stamp on her passport gave no problems letting her back in.. 

 

PROBLEM: she's going back to work now but her previous workplace is giving her a fit about the "stamp". they won't accept it.. HR is saying they need a LETTER stating the GC extension. Is there such a letter?? I thought it was just the stamp?? HR also says that they have similar applicants in the same situation and they have letters? 

 

anyone? is there a letter available for the i-551 extension? how do we get this? help please :( desperately looking for guidance/answers

[USS_Voyager 1,972]

4 minutes ago, charlieprince said:

is there a letter available for the i-551 extension?

It's the receipt notice for the I-751 which has language about extension for 18 months.

 

[Georgia16 2,858]

They are talking about the extension letter that goes along with the expired GC. But since your wife have the I-551 stamp in her passport she does not need the extension letter. They need to read up on things those HR people.

[charlieprince 24]

Just now, Georgia16 said:

They are talking about the extension letter that goes along with the expired GC. But since your wife have the I-551 stamp in her passport she does not need the extension letter. They need to read up on things those HR people.

exactly.. that's what i thought

 

i'll send them BOTH her letters..

#1 = extends for 12 month

#2 = extends for 18 months due to backlog

 

after that, the stamp itself is what's valid and there's no more extension letters sent

[mindthegap 2,581]

 

 

Your wife might want to politely point out to her employer the very prominent notice at the top of the I-9 form instructions regarding anti-discrimination, and tell them to look on page 8 at the tab where it states an I-551 stamp is an acceptable list A document:  https://secure.i9.talx.com/Popups/Documents/I-9InstructionsNew.pdf

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

 

And also the M-274, handbook for employers:

https://www.uscis.gov/i-9-central/handbook-employers-m-274

 

In other words, tell them to do one.

 

1 hour ago, charlieprince said:

i'll send them BOTH her letters..

#1 = extends for 12 month

#2 = extends for 18 months due to backlog

You do not need to send (presumably) expired letters and they are useless because they have now expired.

The I-551 stamp is a valid list A document for I-9 purposes, and is all that needs to be presented. It is not up to the company which documents are presented, and her company is on shaky legal ground if they continue to push.

if you really want to have some fun and annoy them, submit a valid state ID and unrestricted social security card, which also fulfills the I-9 requirements without any other documents needing to be presented.

Edited December 3, 2019 by mindthegap

[mindthegap 2,581]

(won't let me edit the above post to add) : 

"You cannot specify which document(s) an employee may present from these lists. If you discriminate in the form I-9 process based on an individuals citizenship status, immigration status, or national origin, you may be in violation of the law and subject to sanctions such as civil penalties and be required to pay back pay to discrimination victims. A document is acceptable as long as it reasonably appears to be genuine and to relate to the person presenting it. Employees must present one selection from List A, or a combination of one selection from List B and one selection from List C."

[charlieprince 24]

41 minutes ago, mindthegap said:

(won't let me edit the above post to add) : 

"You cannot specify which document(s) an employee may present from these lists. If you discriminate in the form I-9 process based on an individuals citizenship status, immigration status, or national origin, you may be in violation of the law and subject to sanctions such as civil penalties and be required to pay back pay to discrimination victims. A document is acceptable as long as it reasonably appears to be genuine and to relate to the person presenting it. Employees must present one selection from List A, or a combination of one selection from List B and one selection from List C."

I actually printed the I-9 form before you replied  thank you so much for the reaffirmation

 

i was googling this because i was getting sooo annoyed with the HR.. it's clear he's confused the letters NOA's we receive but doesn't understand they are finite.. after the noa's, the stamp is what's important

 

i actually highlighted these things and am going to email it to him.. LOL now i'm looking for the proper verbage not to get him mad/etc, all i want is for my wife to work again haha

[mindthegap 2,581]

Hope you get it sorted. 

Idiots not knowing/doing their job - or worse, thinking they do/are - simply adds unnecessary stress to an already stressful situation.

[lexicon 5]

Hope everything works out! If your wife is barred from working, you might be able to sue and/or ask to recoup lost wages according to a lawyer I consulted. She should not need to show any immigration paperwork. According to HR at my company, you're not supposed to ask an existing employee with a green card to re-verify eligibility. If your wife leaves the company to work elsewhere, all she would need to show is a state-issued ID and her social security card.