Work is going to terminate me as my green card has expired, I am removing conditions

[Justkeepswimming 12]

I am removing conditions right now and my green card expires 11/13. I have not yet received any kind of confirmation from USCIS that my removal of condition application is being processed although they have taken the payment a month ago so it definitely is processing. My work said they need proof that I am legal when my ID expires or I am terminated . What can I do? 

[mnk 62]

Why are they re-verifying you? Are you being re-hired?

 

If you are continuing employment, your employer cannot ask you to present new documents when your green card expires.
 

Quote

10.4 Avoiding Discrimination in Recruiting, Hiring, and the Form I-9 Process

You should treat individuals equally when recruiting and hiring, and when verifying employment authorization and identity.

You should not:

• Request that an employee who presented an unexpired Permanent Resident Card present a new document when the Permanent Resident Card expires.
• Request specific documents for reverification. For example, you should allow an employee who presented an unexpired Form I-766, Employment Authorization Document, during initial verification to present any document from either List A or C during reverification.

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/100-unlawful-discrimination-and-penalties-for-prohibited-practices/104-avoiding-discrimination-in-recruiting-hiring-and-the-form-i-9-process

 

Quote

 5.1 Reverifying Employment Authorization for Current Employees

Reverification is never required for U.S. citizens or noncitizen nationals. Reverification is also never required when the following documents expire: U.S. passports, U.S. passport cards, Form I-551 (Alien Registration Receipt Cards/Permanent Resident Cards, which are also known as Green Cards), and List B documents.

 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/50-completing-section-3-of-form-i-9/51-reverifying-employment-authorization-for-current-employees

 

If you do need to be verified while the ROC process, you can present the extension letter with the expired green card once you have it.

If you have an unrestricted Social Security card (the "valid for work only with DHS authorization" has been taken off) then you can present that along with ID instead of the green card.

You should expect your NOA1 extension letter about a month after filing. Ours took longer, and I had to submit an SR to have it "resent". I recommend contacting USCIS if it has already been a month.

Edited October 13, 2020 by mnk

[Lucky2Lucky 2,526]

44 minutes ago, Justkeepswimming said:

I am removing conditions right now and my green card expires 11/13. I have not yet received any kind of confirmation from USCIS that my removal of condition application is being processed although they have taken the payment a month ago so it definitely is processing. My work said they need proof that I am legal when my ID expires or I am terminated . What can I do? 

Do you work for the US government? There are very few places that are required to reverify you. When did you file for ROC? You said they cashed the payment a month ago- I would call to follow up because you should have received a receipt at approximately 30 days.

[mindthegap 2,578]

Not legal, except in a few very specific circumstances.

 

Regardless, an unrestricted SS card, and valid state ID satisfies I-9 requirements, and the employer does NOT get to specify which documents an employee/potential employee provides.

 

 

 

[igoyougoduke 1,635]

1 hour ago, Justkeepswimming said:

I am removing conditions right now and my green card expires 11/13. I have not yet received any kind of confirmation from USCIS that my removal of condition application is being processed although they have taken the payment a month ago so it definitely is processing. My work said they need proof that I am legal when my ID expires or I am terminated . What can I do? 

your removal conditions receipt letter should say your green card is extended for 18 months. Does it not say that ?

[MaleAlpha 314]

4 hours ago, mindthegap said:

Not legal, except in a few very specific circumstances.

 

Regardless, an unrestricted SS card, and valid state ID satisfies I-9 requirements, and the employer does NOT get to specify which documents an employee/potential employee provides.

 

 

 

Illegal as hell and I know this very well because it almost happened to me 6 years (started working with a work permit while my GC was pending). Fortunately, the director of HR did her due diligence and crosschecked with the company employment attorney who confirmed that would be illegal. All they had to do was just check with e-Verify. They should be doing same in your case instead of asking you to present a renewed GC. 

 

They can terminate you with zero reasons and it would be legal if you are in an at-will state. Once they give you a reason, they are taking on liability and it better be a good reason. Easy case for an attorney if they choose to go down that route.

[bubblyheather 60]

This happened to me too. My immigration lawyer confirmed to me that time ,that I can work while my papers are being process and says so on the receipt letter that I had sent along with my documents. It took my previous company a week and asked me not to go to work while they are trying to sort it out. After a week they sorted it out and I was back to work and I was never asked for any documents again but when my new greencard came I sent it to my HR to update my records. 

 

So in your case @Justkeepswimming as long as you have the receipt letter that says you can work and travel while your GC is in process you should be good. They should still keep you and I hope everything goes well for you! 

 

 

[African Zealot 1,454]

You may want to find new employment once this is done with, your current employers appear unreasonable to me.

[bobjennyhitched 99]

17 hours ago, MaleAlpha said:

Illegal as hell and I know this very well because it almost happened to me 6 years (started working with a work permit while my GC was pending). Fortunately, the director of HR did her due diligence and crosschecked with the company employment attorney who confirmed that would be illegal. All they had to do was just check with e-Verify. They should be doing same in your case instead of asking you to present a renewed GC. 

 

They can terminate you with zero reasons and it would be legal if you are in an at-will state. Once they give you a reason, they are taking on liability and it better be a good reason. Easy case for an attorney if they choose to go down that route.

Curious @Justkeepswimming on something and jumping on this comment - did they request to re-verify you in writing? Keep it just in case they terminate you still, looking above, I'd take it further. I have a friend whose Green Card has expired and he has this with his extension letter, he's been hired on his expired GC and Letter together recently.

[Justkeepswimming 12]

To reply to everyone at the same time, they wanted photo ID and as I used my green card when I started that then raised a red flag to them when they said they would need to see my new green card and I explained that I wouldn't have the 10 year card for up to 18 months. Even though I explained the Visa process, it does sound dodgy to people who have no experience of it. I have not yet received my extension letter so I'm pretty screwed until that comes. I have until 11/13 to receive it I guess. 

[Orangesapples 1,954]

4 minutes ago, Justkeepswimming said:

To reply to everyone at the same time, they wanted photo ID and as I used my green card when I started that then raised a red flag to them when they said they would need to see my new green card and I explained that I wouldn't have the 10 year card for up to 18 months. Even though I explained the Visa process, it does sound dodgy to people who have no experience of it. I have not yet received my extension letter so I'm pretty screwed until that comes. I have until 11/13 to receive it I guess. 

Very, very illegal 

[sweetadams 138]

21 hours ago, Justkeepswimming said:

To reply to everyone at the same time, they wanted photo ID and as I used my green card when I started that then raised a red flag to them when they said they would need to see my new green card and I explained that I wouldn't have the 10 year card for up to 18 months. Even though I explained the Visa process, it does sound dodgy to people who have no experience of it. I have not yet received my extension letter so I'm pretty screwed until that comes. I have until 11/13 to receive it I guess. 

It is still illegal to ask you for a new green card. Do you have a drivers License? If they want a photo ID, send them your DL, Speak to the HR manager and send them the link. Also, please call USCIS and ask to speak with a tier 2 officer, if you are in luck you might want to see about infopass. 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/100-unlawful-discrimination-and-penalties-for-prohibited-practices/104-avoiding-discrimination-in-recruiting-hiring-and-the-form-i-9-process

 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/50-completing-section-3-of-form-i-9/51-reverifying-employment-authorization-for-current-employees

[Justkeepswimming 12]

21 hours ago, sweetadams said:

It is still illegal to ask you for a new green card. Do you have a drivers License? If they want a photo ID, send them your DL, Speak to the HR manager and send them the link. Also, please call USCIS and ask to speak with a tier 2 officer, if you are in luck you might want to see about infopass. 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/100-unlawful-discrimination-and-penalties-for-prohibited-practices/104-avoiding-discrimination-in-recruiting-hiring-and-the-form-i-9-process

 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/50-completing-section-3-of-form-i-9/51-reverifying-employment-authorization-for-current-employees

I don't have a DL and I just got refused for a state ID, I'm at a loose end. 

[Philly2017 35]

@Justkeepswimming Did you show your unexpired 2-year green card when you were hired?  If that's the case, then you're good. 

As @mnk mentioned above, it is considered discrimination if your employer demands reverification.

 

I had to deal with the same situation in May 2019.  I forwarded the below links to my HR department and politely asked them to look into this, as "I do not believe reverification is required."  HR replied to me the next day, apologizing for the oversight on their part and stating that nothing is needed on my side, as employment will continue as before. 

 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/100-unlawful-discrimination-and-penalties-for-prohibited-practices/104-avoiding-discrimination-in-recruiting-hiring-and-the-form-i-9-process

 

"You should treat individuals equally when recruiting and hiring, and when verifying employment authorization and identity.

 

You should not:

• Request that an employee who presented an unexpired Permanent Resident Card present a new document when the Permanent Resident Card expires."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/50-completing-section-3-of-form-i-9/51-reverifying-employment-authorization-for-current-employees

 

"Reverification is never required for U.S. citizens or noncitizen nationals. Reverification is also never required when the following documents expire: U.S. passports, U.S. passport cards, Form I-551 (Alien Registration Receipt Cards/Permanent Resident Cards, which are also known as Green Cards), and List B documents."

[Justkeepswimming 12]

22 minutes ago, NYCQueens2017 said:

@Justkeepswimming Did you show your unexpired 2-year green card when you were hired?  If that's the case, then you're good. 

As @mnk mentioned above, it is considered discrimination if your employer demands reverification.

 

I had to deal with the same situation in May 2019.  I forwarded the below links to my HR department and politely asked them to look into this, as "I do not believe reverification is required."  HR replied to me the next day, apologizing for the oversight on their part and stating that nothing is needed on my side, as employment will continue as before. 

 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/100-unlawful-discrimination-and-penalties-for-prohibited-practices/104-avoiding-discrimination-in-recruiting-hiring-and-the-form-i-9-process

 

"You should treat individuals equally when recruiting and hiring, and when verifying employment authorization and identity.

 

You should not:

• Request that an employee who presented an unexpired Permanent Resident Card present a new document when the Permanent Resident Card expires."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/50-completing-section-3-of-form-i-9/51-reverifying-employment-authorization-for-current-employees

 

"Reverification is never required for U.S. citizens or noncitizen nationals. Reverification is also never required when the following documents expire: U.S. passports, U.S. passport cards, Form I-551 (Alien Registration Receipt Cards/Permanent Resident Cards, which are also known as Green Cards), and List B documents."

I don't have another government issued photo ID other than that though and I'm guessing they want one on file as I work with kids