HR reluctant to accept my visa on passport (temporary I-551 stamp) as proof or Permanent Residence

[Sabela 16]

Hi all,

 

This is the second time I write about this subject, but I’m still having trouble with HR.   So, I entered the USA a few days ago as a lawful permanent resident with the visa in my passport after a CR-1 process with my husband. The secretary of the Department I used to work at suggested that I went to HR to fill out an I-9 in case a last-minute position becomes available for the Spring semester.   I did that.  However, they’re giving me trouble for NOT having my actual green card in hand… I explained to them that receiving it in the mail can take weeks/months, but they are reluctant to accept the visa in my passport because it has an expiration date on it (it says: "Expires on: 15DEC2022", but that is the date I was supposed to enter the country by…). The person I spoke to said that they would need to put a date on the I-9 (or something like that), so that could be a problem. She also mentioned they would have to find a way to “finesse” the system, because they have to put a date on it...

After a second day at the office dealing with this, they finally said they were going to talk to their supervisor to see how they could “deal with it” and get back to me.  But, I am afraid they will come back saying I cannot start working until I have my green card in hand. That doesn’t seem right 😥… Any advice here?  Thanks in advance for your help.

After they get in touch with me, I plan on sending them this too:

https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

I do not know what else to do.   Thanks again.

[hunny&me 274]

What is needed to support the visa annotation is your entry CR-1 stamp (the endorsement).   Passport, visa with entry endorsement - for employment, DL, etc.

[jostermacedo 54]

25 minutes ago, Sabela said:

Hi all,

 

This is the second time I write about this subject, but I’m still having trouble with HR.   So, I entered the USA a few days ago as a lawful permanent resident with the visa in my passport after a CR-1 process with my husband. The secretary of the Department I used to work at suggested that I went to HR to fill out an I-9 in case a last-minute position becomes available for the Spring semester.   I did that.  However, they’re giving me trouble for NOT having my actual green card in hand… I explained to them that receiving it in the mail can take weeks/months, but they are reluctant to accept the visa in my passport because it has an expiration date on it (it says: "Expires on: 15DEC2022", but that is the date I was supposed to enter the country by…). The person I spoke to said that they would need to put a date on the I-9 (or something like that), so that could be a problem. She also mentioned they would have to find a way to “finesse” the system, because they have to put a date on it...

After a second day at the office dealing with this, they finally said they were going to talk to their supervisor to see how they could “deal with it” and get back to me.  But, I am afraid they will come back saying I cannot start working until I have my green card in hand. That doesn’t seem right 😥… Any advice here?  Thanks in advance for your help.

After they get in touch with me, I plan on sending them this too:

https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

I do not know what else to do.   Thanks again.

Sabela,

 

the I-9 form lists all accepted documents. The immigrant visa with endorsement is listed as one of them. Show the I-9 list of documents to the HR department.

 

And most documents on the list have an expiration date. As long as the expiration date is in the future, the document is not expired and has to be accepted.

 

Edited December 20, 2022 by jostermacedo

[Boiler 45,585]

I 551 validity is a year.

[Mike E 11,739]

Go to the nearest SSA office and get an unrestricted social security card. 
 

Then, if you don’t already have one, go to the state DMV and get a state identification card.  
 

You can now use your SS card and state ID as your I-9 documents.  
 

Note however that your employer is breaking the law.  You, and only you, get to decided what I-9 documents you wish to use for your I-9.  This is employment discrimination and the lawsuits invariably end poorly for the employer.  

Edited December 20, 2022 by Mike E

[P055UM 281]

4 minutes ago, Mike E said:

Note however that your employer is breaking the law.  You, and only you, get to decided what I-9 documents you wish to use for your I-9.  This is employment discrimination and the lawsuits invariably end poorly for the employer.

This. Exactly this. OP this is your leverage to get this issue fixed at your convenience, not theirs. 

[powerpuff 6,715]

~~ Topic moved from CR1/IR1 forum to Moving to the US & Your New Life in America where I-9 issues are discussed ~~

[JeanneAdil 6,519]

3 hours ago, Mike E said:

Go to the nearest SSA office and get an unrestricted social security card. 
 

Then, if you don’t already have one, go to the state DMV and get a state identification card.  
 

You can now use your SS card and state ID as your I-9 documents.  
 

Note however that your employer is breaking the law.  You, and only you, get to decided what I-9 documents you wish to use for your I-9.  This is employment discrimination and the lawsuits invariably end poorly for the employer.  

also let the employer know "they can not ask for your green card"

 

https://www.uscis.gov/i-9-central/employee-rights-and-resources/employee-rights#:~:text=Your%20employer%20must%3A&text=Allow%20you%20the%20choice%20of,or%20to%20relate%20to%20you.

 

Allow you the choice of what documentation to provide. Your employer cannot demand that you provide a U.S. passport or Green Card. Reject any document that does not reasonably appear to be genuine or to relate to you.Jan 23, 2020

[iwannaplay54 985]

6 hours ago, Sabela said:

Hi all,

 

This is the second time I write about this subject, but I’m still having trouble with HR.   So, I entered the USA a few days ago as a lawful permanent resident with the visa in my passport after a CR-1 process with my husband. The secretary of the Department I used to work at suggested that I went to HR to fill out an I-9 in case a last-minute position becomes available for the Spring semester.   I did that.  However, they’re giving me trouble for NOT having my actual green card in hand… I explained to them that receiving it in the mail can take weeks/months, but they are reluctant to accept the visa in my passport because it has an expiration date on it (it says: "Expires on: 15DEC2022", but that is the date I was supposed to enter the country by…). The person I spoke to said that they would need to put a date on the I-9 (or something like that), so that could be a problem. She also mentioned they would have to find a way to “finesse” the system, because they have to put a date on it...

After a second day at the office dealing with this, they finally said they were going to talk to their supervisor to see how they could “deal with it” and get back to me.  But, I am afraid they will come back saying I cannot start working until I have my green card in hand. That doesn’t seem right 😥… Any advice here?  Thanks in advance for your help.

After they get in touch with me, I plan on sending them this too:

https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

I do not know what else to do.   Thanks again.

They dont have a choice.  They must, by law, accept your I-551 notation on your immigrant visa.

5 hours ago, Mike E said:

Go to the nearest SSA office and get an unrestricted social security card. 
 

Then, if you don’t already have one, go to the state DMV and get a state identification card.  
 

You can now use your SS card and state ID as your I-9 documents.  
 

Note however that your employer is breaking the law.  You, and only you, get to decided what I-9 documents you wish to use for your I-9.  This is employment discrimination and the lawsuits invariably end poorly for the employer.  

This ^^^^

[GEOntificator 281]

7 hours ago, Sabela said:

Hi all,

 

This is the second time I write about this subject, but I’m still having trouble with HR.   So, I entered the USA a few days ago as a lawful permanent resident with the visa in my passport after a CR-1 process with my husband. The secretary of the Department I used to work at suggested that I went to HR to fill out an I-9 in case a last-minute position becomes available for the Spring semester.   I did that.  However, they’re giving me trouble for NOT having my actual green card in hand… I explained to them that receiving it in the mail can take weeks/months, but they are reluctant to accept the visa in my passport because it has an expiration date on it (it says: "Expires on: 15DEC2022", but that is the date I was supposed to enter the country by…). The person I spoke to said that they would need to put a date on the I-9 (or something like that), so that could be a problem. She also mentioned they would have to find a way to “finesse” the system, because they have to put a date on it...

After a second day at the office dealing with this, they finally said they were going to talk to their supervisor to see how they could “deal with it” and get back to me.  But, I am afraid they will come back saying I cannot start working until I have my green card in hand. That doesn’t seem right 😥… Any advice here?  Thanks in advance for your help.

After they get in touch with me, I plan on sending them this too:

https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

I do not know what else to do.   Thanks again.

Years ago I had a similar situation when I had my EAD card (not even I-551 stamp which is far better). I politely provided the employer with the link from the USCIS website where it lists acceptable documents, highlighted relevant place and were firm stating that the DHS/USCIS government entity has granted me official right to work. This got the message across and the HR realized the potential lawsuit danger. I was hired the next day.. 

[VinnyH 61]

7 hours ago, Sabela said:

Hi all,

 

This is the second time I write about this subject, but I’m still having trouble with HR.   So, I entered the USA a few days ago as a lawful permanent resident with the visa in my passport after a CR-1 process with my husband. The secretary of the Department I used to work at suggested that I went to HR to fill out an I-9 in case a last-minute position becomes available for the Spring semester.   I did that.  However, they’re giving me trouble for NOT having my actual green card in hand… I explained to them that receiving it in the mail can take weeks/months, but they are reluctant to accept the visa in my passport because it has an expiration date on it (it says: "Expires on: 15DEC2022", but that is the date I was supposed to enter the country by…). The person I spoke to said that they would need to put a date on the I-9 (or something like that), so that could be a problem. She also mentioned they would have to find a way to “finesse” the system, because they have to put a date on it...

After a second day at the office dealing with this, they finally said they were going to talk to their supervisor to see how they could “deal with it” and get back to me.  But, I am afraid they will come back saying I cannot start working until I have my green card in hand. That doesn’t seem right 😥… Any advice here?  Thanks in advance for your help.

After they get in touch with me, I plan on sending them this too:

https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

I do not know what else to do.   Thanks again.

It looks like your HR is focusing too much on your CR-1 visa instead of your I-551 stamp which is the evidence of your LPR status. You are correct to show them the I-9 official list of accepted documents.

[Sabela 16]

Hi back. Thank you all who responded! I really appreciate your feedback/help... So, they just got back to me saying the following:

 

"[...] After speaking with my supervisor, we both think the best thing to do is when you get offered a position and or sign a contract to bring in your petition for permanent residence as proof that you applied for your green card as well as documents from list B and list C. Please see attached for the acceptable documents. From there we can get your I-9 verified and once you obtain your green card you will need to bring it in to our office so that we can put it on file. I hope this helps".

I am not sure what they mean by "bring in your petition for permanent residence" (I just asked them).   I also politely shared with them the USCIS links that say that: “Foreign passport containing a Form I-551 stamp or Form I-551 printed notation” is an I-9 acceptable document for employment. 

I just hope they come to terms with it.  The reason why is because I definitely I do not have "a valid Driver's license or ID card issued by the state" as a List B document, and all I would have for List C is a SSN card (which I am not sure if it is the same as " A Social Security Account Number card”).

Ugh, what a headache. 

[jostermacedo 54]

8 minutes ago, Sabela said:

Hi back. Thank you all who responded! I really appreciate your feedback/help... So, they just got back to me saying the following:

 

"[...] After speaking with my supervisor, we both think the best thing to do is when you get offered a position and or sign a contract to bring in your petition for permanent residence as proof that you applied for your green card as well as documents from list B and list C. Please see attached for the acceptable documents. From there we can get your I-9 verified and once you obtain your green card you will need to bring it in to our office so that we can put it on file. I hope this helps".

I am not sure what they mean by "bring in your petition for permanent residence" (I just asked them).   I also politely shared with them the USCIS links that say that: “Foreign passport containing a Form I-551 stamp or Form I-551 printed notation” is an I-9 acceptable document for employment. 

I just hope they come to terms with it.  The reason why is because I definitely I do not have "a valid Driver's license or ID card issued by the state" as a List B document, and all I would have for List C is a SSN card (which I am not sure if it is the same as " A Social Security Account Number card”).

Ugh, what a headache. 

The endorsed visa you have in your passport is a document from list A and it's a temporary green card. This is all you need to provide. As others have said, they can't pick what you should show. 

 

Joster

Edited December 21, 2022 by jostermacedo

[powerpuff 6,715]

As mentioned above, they can’t dictate what you should bring. A petition for permanent residence? Seriously? Who hires these HR people?

Why didn’t/don’t you apply for a state ID? You need to carry ID with you anyway. You have to present both - one document from list B which would be a state ID and a document form list C (social security card/SSN).

[jostermacedo 54]

28 minutes ago, Sabela said:

Hi back. Thank you all who responded! I really appreciate your feedback/help... So, they just got back to me saying the following:

 

"[...] After speaking with my supervisor, we both think the best thing to do is when you get offered a position and or sign a contract to bring in your petition for permanent residence as proof that you applied for your green card as well as documents from list B and list C. Please see attached for the acceptable documents. From there we can get your I-9 verified and once you obtain your green card you will need to bring it in to our office so that we can put it on file. I hope this helps".

I am not sure what they mean by "bring in your petition for permanent residence" (I just asked them).   I also politely shared with them the USCIS links that say that: “Foreign passport containing a Form I-551 stamp or Form I-551 printed notation” is an I-9 acceptable document for employment. 

I just hope they come to terms with it.  The reason why is because I definitely I do not have "a valid Driver's license or ID card issued by the state" as a List B document, and all I would have for List C is a SSN card (which I am not sure if it is the same as " A Social Security Account Number card”).

Ugh, what a headache. 

Show this document to them: https://www.uscis.gov/sites/default/files/document/forms/i-9instr.pdf

 

From page 5, Presenting Form I-9 Documents, Second Paragraph: "An employer cannot specify which document(s) you may present from the Lists of Acceptable Documents."

 

A few sentences later: "If you present acceptable List A documentation, you should not be asked to present, nor should you provide, List B and List C documentation."

 

On page 7 (instructions for the employer): "You cannot specify which document(s) an employee may present from these lists."

 

 

 

 

 

 

 

Edited December 21, 2022 by jostermacedo