Green card is expired while in the process of citizenship

[retheem 566]

On 10/23/2020 at 5:55 PM, misook said:

I called uscis again (wating...explaining...wating...again...painful process) and I was able to make an appointment next week. I think they are following some manuals and process to handle quires, but most of the representatives don't consider my situation is not that urgent(I understand, but it's important to me .... sad).  I finally got a callback from the uscis officer and I was preparing to appeal my situation, but he did not ask anything. He just checked my reason for getting i-551 is for work authorization and then scheduled me next week, it was so simple.. but the way to get an appointment was not that simple, hahah. 

 

Anyway, the HR still require me to show "valid unexpired green card", even though I explained and showed the captured list a, b, c documents (thanks jostermacedo). 

I'm frustrated because they don't understand at all 😭

 

 

I don't know about you, but if the HR is being ####### about something like an expired green card ( They can do E- verify if they wish), am not sure that's a place you may want to work. Seems to me they are uninformed, and that should make you worry about the company as a competent employer. Just my opinion tho

[Fr8dog 312]

You are asking the wrong question (as is the HR department).

 

The I-551 stamp can be used to establish legal present, but it is not the only document. HR is overstepping their boundaries by insisting on that. If you have their requirement in writing you actually have a pretty solid legal case against them.

 

HR is allowed to ask if you are legally present and allowed to work. But they are not allowed to demand certain types of prove for this. This is a very important difference. All they need to do is enter your data into the SAVE system and they will get an OK from that system.

 

Your problem is that you want the job and don't want to piss off HR. Understandably, but it is not like they will give you the job if you don't push back. So depending on how much you want this job, you need to get a little more aggressive with them.

I would suggest to try to get this demand in writing. sent them an email and tell them you need their demand in writing so you can obtain the I-551 stamp. Than wait a few days and tell them you are not able to get the stamp in time, but that you have enough documents to meet the I-9/SAVE part and casually include a statement that their request is against the law and that you really want to help them staying out of trouble.

If that does not work, threatening legal actions may change their mind, but that would also mean they are likely to fire you the first change they get.

Getting the stamp in a timely manner is, unfortunately,  not very likely..

 

[misook 0]

Thank you for all comments. I finally received the stamp in timely manner before the company change their mind. Like some of you mentioned, I got to know that they can't push me to show a certain type of proof for authorizing my status.  I did not know that before I posting my issue. I also learned a new valuable life lesson that leaving a physical proof so that I can use it for getting i-551 stamp or convincing the HR(of course this can be applied to other cases/struggles).  I really appreciate for all your opinions, thank you so much!!!! 🥰😍😊