Changing jobs while the I-751 is pending

[blackdog_harry 12]

I have been meaning to post this for a while.

It seems that there have been cases in which people try to change their jobs while I-751 is pending and have trouble with satisfying I-9 requirement with their expired green card and NOA. (This does not apply to those who have updated their SS card to one without a legend before their conditional green card expires.)

But there are some people like me who failed to do so and happen to want to change jobs while I-751 is pending...

I was just wondering why Driver's license or State ID + NOA should not suffice for I-9 requirement.

An expired green card cannot be used for List A.

But NOA would not fall under the List C?

So, NOA combined with Driver's license or State ID under List B, there should not be a problem in satisfying I-9 in getting a new job...it seems...

Anybody with experience in this?

The following is from The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) , US dept. of Justice web page.

http://www.usdoj.gov/crt/osc/htm/facts.htm#docs

Q. What documents may employees show employers to establish identity and employment eligibility?

A. The documents identified below are acceptable to establish identity and employment eligibility. Please note that the list of acceptable documents is different than the list that appears on the back of the current I-9 Form due to intervening changes in law. However, employers that continue to follow the list that appears on the back of the I-9 Form will not be sanctioned by the Department of Homeland Security (DHS), until such time as DHS issues a new I-9 Form and Handbook for Employers. In addition, please call OSC for special rules that apply in certain situations, including receipts, rehiring former employees, workers with temporary protected status (TPS), documentation for individuals with disabilities, and additional acceptable documents.

List A

Documents that Establish Both Identity and Employment Eligibility.

• U.S. Passport (unexpired or expired)

• Unexpired foreign passport that contains a temporary I-551 stamp

• Alien Registration Receipt Card or Permanent Resident Card (INS Form I-551)

• Unexpired Employment Authorization Card that contains a photograph (Form I-766, Form I-688, Form I-688A, Form I-688B)

• For non-immigrants authorized to work for a specific employer: an unexpired foreign passport with an Arrival-Departure Record, Form I-94, bearing an unexpired endorsement of the individual's nonimmigrant status.

• Unexpired foreign passport with a Readable Immigrant Visa (MRIV) and unexpired temporary I-551 stamp (valid until the expiration date set forth on the temporary I-551 stamp).

• Unexpired foreign passport with a MRIV containing temporary I-551 language and endorsed with an unexpired DHS admission stamp (valid for one year from the date of admission).

See also the receipt rule discussion below for additional documentation.

OR

List B

Documents that Establish Identity

• Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address

• ID card issued by federal, state or local government agencies or entities provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address

• School ID card with a photograph

• Voter's registration card

• U.S. Military card or draft record

• Military dependent's ID card

• U.S. Coast Guard Merchant Mariner Card

• Native American tribal document

• Driver's license issued by a Canadian government authority

For persons under age 18 who are unable to present a document listed above:

• School record or report card

• Clinic, doctor, or hospital record

• Day-care or nursery school record.

AND

List C

Documents that Establish Employment Eligibility

• U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment or valid only with INS work authorization)

• Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)

• Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal

• Native American tribal document

• U.S. Citizen ID Card (Form I-197)

• ID Card for use of Resident Citizen in the United States (Form I-179)

• Unexpired employment authorization document issued by the Department of Homeland Security (other than those listed under List A), including (1) a Form I-94 identifying the holder as an asylee (by stating "asylum", "asylee" or appropriate provision of law), or (2) other documentation issued by DHS (or the former Immigration and Naturalization Service (INS)) that identifies the holder as an asylee, lawful permanent resident, refugee (except for the Form I-94 identifying the holder as a refugee, which is considered a receipt only), or other status authorized to work in the United States incident to status.

[Mr. Big Dog 10,747]

I think the "expired" GreenCard along with the USCIS letter extending it's validity should suffice. This might be an uphill battle with some HR folks but these two documents clearly should be enough.

[coloradogirl 0]

Hi, my husband went through a similar experience recently. Search here for 'green card extension letter not enough for new job to read about our (his) experience and the outcome. I hope you'll find it helpful!

cg

[upstategal 0]

Hi

My husband just got hired for a new job last week and his expired green card and extension letter were acceptable.

[Mr. Big Dog 10,747]

My husband just got hired for a new job last week and his expired green card and extension letter were acceptable.

Of course. The only reason why people have problems with that is that there are too many HR clerks that don't know a first thing about the I-9 requirements. They see the extension letter as an NOA (or receipt notice) which they were drilled is no good.

[k1spain 0]

My husband just got hired for a new job last week and his expired green card and extension letter were acceptable.

Of course. The only reason why people have problems with that is that there are too many HR clerks that don't know a first thing about the I-9 requirements. They see the extension letter as an NOA (or receipt notice) which they were drilled is no good.

Not only the HR departments but the Social Security Administration, the DMVs... everybody but USCIS sees the letters as nothing.

[Nancy2015 2]

What I worry about is that when my conditional GC expires, my employer will threaten to terminate me. I know it's illegal, but our HR people are so dumb that it may very well happen. I have "employment authorization expires on 1/4/2009" (GC expiration date) written all over my paperwork, and I'm not sure if these folks have dealt with conditional permanent residents before. I know they are not supposed to re-verify my employment, but they may not be aware of it...

Not only the HR departments but the Social Security Administration, the DMVs... everybody but USCIS sees the letters as nothing.

This is bad Thankfully my DL doesn't expire till 2010, so I won't have to deal with the DMV...

[Mr. Big Dog 10,747]

What I worry about is that when my conditional GC expires, my employer will threaten to terminate me. I know it's illegal, but our HR people are so dumb that it may very well happen. I have "employment authorization expires on 1/4/2009" (GC expiration date) written all over my paperwork, and I'm not sure if these folks have dealt with conditional permanent residents before. I know they are not supposed to re-verify my employment, but they may not be aware of it...

Well, then they either have two years to get familiar with it or you can offer to have a judge spell it out to them.