Work Denied even though valid to work

[JPWJ 19]

Hello everyone, 

 

So, my wife ran into a situation today and I am somewhat lost on how to handle this, other than angry. I am a US Citizen, so this is about her. My wife has an expired green card, we have filed already for I751- Petition to remove conditions of residence before it was expired, we have done everything right and keep up to date with USCIS. So, she was offered a job and today was her first day, she was called into the office and asked for her green card which is expired, and she also showed the I-797 (which the notice is dated 04/05/2023) which even stats that the validity of the green card has been extended for 48 months from the date of expiration (Her green card expired 2/2022). The sent it the information to a higher division and now they are saying that she cannot work due to her green card being expired, even though it stats there in black and white that she can work and travel. Any info helps, thank you all and God Bless.

[Crazy Cat 41,352]

2 minutes ago, JPWJ said:

Hello everyone, 

 

So, my wife ran into a situation today and I am somewhat lost on how to handle this, other than angry. I am a US Citizen, so this is about her. My wife has an expired green card, we have filed already for I751- Petition to remove conditions of residence before it was expired, we have done everything right and keep up to date with USCIS. So, she was offered a job and today was her first day, she was called into the office and asked for her green card which is expired, and she also showed the I-797 (which the notice is dated 04/05/2023) which even stats that the validity of the green card has been extended for 48 months from the date of expiration (Her green card expired 2/2022). The sent it the information to a higher division and now they are saying that she cannot work due to her green card being expired, even though it stats there in black and white that she can work and travel. Any info helps, thank you all and God Bless.

There are some really ignorant employers and HR departments out there.  I would suggest a strong lawyer's letter to educate them.

Edited April 25, 2023 by Crazy Cat

[JeanneAdil 6,402]

she is not even required to show her green card 

Go to this USCIS site and print it out and take to employer

 

https://www.uscis.gov/i-9-central/employee-rights-and-resources/employee-rights#:~:text=Your%20employer%20must%3A&text=Allow%20you%20the%20choice%20of,Nationality%20Act's%20anti%2Ddiscrimination%20provision.

 

Your employer may not:

• Ask for specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender, disability, or genetic information, or because of any other protected characteristic. For example, your employer may not:
  • Ask for a document issued by the Department of Homeland Security because you are not a U.S. citizen.
  • Ask for a U.S. passport to prove you are a U.S. citizen.
• Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your documentation is fraudulent. For example, your employer may not refuse to accept your identification and unrestricted Social Security card because you have limited English proficiency.
• Treat you differently than other applicants because you have, or your employer believes you have, a particular citizenship or immigration status.
• Ask to see documents showing your permission to work before hiring you, or before you complete Section 1 of Form I-9.
• Refuse to accept your document or refuse to hire you because your document expires in the future.

[OldUser 6,170]

She could have shown unrestricted social security card and valid driver's license or state ID. No need to show green card for I-9 validation. It's illegal for employer to demand a particular document if you can present List B + C documents.

 

https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents

 

Edited April 25, 2023 by OldUser

[Chancy 6,239]

2 hours ago, JPWJ said:

The sent it the information to a higher division and now they are saying that she cannot work due to her green card being expired, even though it stats there in black and white that she can work and travel.

 

Send them this link to the USCIS page for "Employment Authorization Extensions" and highlight the section below -- https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents/employment-authorization-extensions

"A conditional permanent resident receives a Form I-551, Permanent Resident Card, (also known as Green Card) that is valid for 2 years. When they file Form I-751, Petition to Remove Conditions on Residence, DHS may extend the validity of their Green Card."

 

If that doesn't work, ask them if you can assist by contacting the Immigrant and Employee Rights Section (IER) of the Department of Justice’s Civil Rights Division, or the Equal Opportunity Commission.  Contact info here -- https://www.uscis.gov/i-9-central/employee-rights-and-resources/employee-rights

 

[Timona 4,204]

Does she have unrestricted SSN? The one without "NOT Authorized Blas blaa blaa?"

[randomstairs 290]

People should really start suing employers for illegal discrimination in all such cases. She is entitled a compensation. 

[Dashinka 24,172]

1 hour ago, randomstairs said:

People should really start suing employers for illegal discrimination in all such cases. She is entitled a compensation. 

Not really sure I would move to litigation immediately.  Not all employers are up-to-speed on documents, etc., I would do what the others here have suggested first, and then if the company still held the line, maybe consider a lawsuit.

[mytruelove18 608]

12 hours ago, Timona said:

Does she have unrestricted SSN? The one without "NOT Authorized Blas blaa blaa?"

 

She should be good with the extension letter even if the ssn is restrcted.

[mam521 1,987]

HR are not known for understanding the rules of the I-9 very well, especially for people with permanent residency or work authorization/visa.  Politely show HR the I-9 instructions and follow @Chancy's instructions above.  

 

Interestingly, I was time wasting on TikTok yesterday and an employment lawyer video popped up and she quickly spouted off how MANY employers break the law because they forget there are federal laws in place governing what needs to happen and they break them all of the time.  She said she'll never be unemployed as a result.  

[mepck 197]

1 hour ago, mytruelove18 said:

 

She should be good with the extension letter even if the ssn is restrcted.

I second this.. Combo List B doc (driver license) + List C (expired GC and extension letter) would do; subject the HR is aware

 

 

[Lemonslice 4,725]

This thread is still a good read in situations where employers are being obtuse.

 

https://www.visajourney.com/forums/topic/551366-discrimination-ead-card/

[Timona 4,204]

2 hours ago, mytruelove18 said:

 

She should be good with the extension letter even if the ssn is restrcted.

 

Should have removed this as soon as you got the GC. 

[Verrou 1,954]

17 hours ago, JPWJ said:

Hello everyone, 

 

So, my wife ran into a situation today and I am somewhat lost on how to handle this, other than angry. I am a US Citizen, so this is about her. My wife has an expired green card, we have filed already for I751- Petition to remove conditions of residence before it was expired, we have done everything right and keep up to date with USCIS. So, she was offered a job and today was her first day, she was called into the office and asked for her green card which is expired, and she also showed the I-797 (which the notice is dated 04/05/2023) which even stats that the validity of the green card has been extended for 48 months from the date of expiration (Her green card expired 2/2022). The sent it the information to a higher division and now they are saying that she cannot work due to her green card being expired, even though it stats there in black and white that she can work and travel. Any info helps, thank you all and God Bless.

this is the reason i want to get unrestricted SS card ( still battling with SSA office for 2 weeks ) + state ID instead of using the expired GC with extension letter because there's bunch of HR out there who doesnt know about this.

Edited April 26, 2023 by Misscloud

[retheem 564]

18 hours ago, JPWJ said:

Hello everyone, 

 

So, my wife ran into a situation today and I am somewhat lost on how to handle this, other than angry. I am a US Citizen, so this is about her. My wife has an expired green card, we have filed already for I751- Petition to remove conditions of residence before it was expired, we have done everything right and keep up to date with USCIS. So, she was offered a job and today was her first day, she was called into the office and asked for her green card which is expired, and she also showed the I-797 (which the notice is dated 04/05/2023) which even stats that the validity of the green card has been extended for 48 months from the date of expiration (Her green card expired 2/2022). The sent it the information to a higher division and now they are saying that she cannot work due to her green card being expired, even though it stats there in black and white that she can work and travel. Any info helps, thank you all and God Bless.

Sue them and then get another job. That's an ignorant employer