refused to accept it extension notice

[KEY1988 0]

Guys I need help, it’s urgent! I arrived in January 2020 with CR1 visa. Got my conditional Permanent Resident Card and started using it for everything, it got expired and I have been given new extension notice which I have even used to renew my driving license this year. 

 

We were asked recently to submit documents to update our employe ID . I submitted my expired conditional permanent resident card together with the new extension notice I received from the department of homeland security/ US citizenship and immigration services but my company/ employer has refused to accept it. I have gone further to explain my situation to them but no success.  

What do I do or which document do I represent to my employer. Thanks

[Timona 4,207]

Throw the book at them...you may be dealing with someone who doesn't know 

[Richieee7777 17]

I assure you, HR at your company sucks and need to be retrained. They can always check E-verify to confirm if you’re still eligible to work (which you obviously are) as they are not familiar with extension letters from USCIS. All they have to do is keep a copy of your extension letter for future purposes. As it has been suggested earlier, throw the extension letter back at their faces or you talk to someone less ignorant at your company.

Edited June 4, 2022 by Steve3990

[mindthegap 2,590]

They can refuse all they like, but their refusal is not legal (see here https://www.uscis.gov/i-9-central/form-i-9-related-news/form-i-9-verification-of-lawful-permanent-residents#:~:text=No expiration date and should,completes their Form I-9. 

and here: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/61-lawful-permanent-residents-lpr)

 

I also quote directly from the very top of the first page I-9 form itself: 

"It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to hire an individual because the documentation presented has a future expiration date may also constitute illegal discrimination".

 

So, ignoring the fact that they should not be re-verifing someone who presented an unexpired 2 year card originally, you came here on a CR-1 so you have a simple solution here, which will save you the time and exhausting energy sapping process of having to argue with idiots and pointing out the intricacies and legalese of a pricess that they haven't the slightest clue about. 

 

Because you came on a CR-1 (like me), unlike many K-1 people who have extra steps, you should have immediately been issued a full, regular and normal Social Security card that is NOT endorsed with 'not valid for employment' (please confirm that this is the case for you).

That unendorsed SS card is a list C document.

So, for an easy life, simply present that SS card together with your valid driving license - which is a list B document - and you have fully complied with and satisfied your lawful I-9 obligations. This is confirmed on the I-9 form itself in the 'list of acceptable documents' on page 3 of the form itself: https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf

 

They can you ask for more documentation, but you can (legally) tell them to ram it.

 

If they need reminding, give them some light nightstand reading, drawing particular attention the sections on illegal discrimination and the potential penalties thereof: https://www.uscis.gov/book/export/html/59502

 

 

 

Edited June 4, 2022 by mindthegap

[Dashinka 24,512]

I agree with all of the above, but I wanted to add one thought, if they insist on keeping a copy of the extension letter for their records, make sure it is not the original.