Removing conditions divorce waiver checklist

[OldUser 6,981]

1 hour ago, Adam2658 said:

 

Can someone tell me where exactly are these instructions? I've tried to look for them that fit my case specifically on the SSA website but couldn't find anything yet. 

Sorry I meant USCIS

 

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

 

List B+C documents, e.g driver's license and unrestricted social security card

 

Quote from Handbook for Employers:

 

"List B documentation shows identity only and List C documentation shows employment authorization only.  If an employee presents acceptable List B and List C documentation, do not ask them to present List A documentation. "

Edited August 11, 2023 by OldUser

[Adam2658 0]

7 minutes ago, OldUser said:

Sorry I meant USCIS

 

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

 

List B+C documents, e.g driver's license and unrestricted social security card.

 

Thanks. I'm not seeing anything regarding still being legally employed while the I-751 is pending on this page though. 

[OldUser 6,981]

3 minutes ago, Adam2658 said:

 

Thanks. I'm not seeing anything regarding still being legally employed while the I-751 is pending on this page though. 

List B and C is enough. Employers cannot ask for list A. If you can show B+C you can legally work. Everything else is outside of your employers responsibility. USCIS doesn't require your employer to check your entire immigration history. All they need to perform I-9 is your B+C documents.

Edited August 11, 2023 by OldUser

[OldUser 6,981]

@Adam2658 the handbook also mentions I-797 / I-797C which are extension letters that can be used when presenting List A document. But again, that's a not optimal strategy for I-9

[jackiegringa 419]

15 minutes ago, Adam2658 said:

 

Thanks. I'm not seeing anything regarding still being legally employed while the I-751 is pending on this page though. 

You don't need to do anything if you already have a job. Your status hasn't changed. That's it, it's that simple! You only need to show documents when you're about to take a new job, after the first time your employer cannot ask for documentation anymore.

 

They might try it, but then you can point them to the USCIS regulation that explicitly says it is not legal to do so. Is anyone from your job asking for things? Otherwise you don't need to notify them of any immigration processes.

Edited August 11, 2023 by jackiegringa

[Adam2658 0]

Quick update: I’ve been furloughed temporarily until I can present my I-797 receipt. The good news is my lawyers credit card just got charged by USCIS, so I should be receiving it in the mail any day now. 

[OldUser 6,981]

1 hour ago, Adam2658 said:

Quick update: I’ve been furloughed temporarily until I can present my I-797 receipt. The good news is my lawyers credit card just got charged by USCIS, so I should be receiving it in the mail any day now. 

That's crazy, I'm sorry you're going through this. Did you show your employer list B + C documents? What did they say? Did they send you an email / written statement saying you're furloughed? If you showed them unrestricted SS card and DL and they rejected them, they discriminated against you. You can probably sue them and get good compensation.

[Lemonslice 4,922]

3 hours ago, Adam2658 said:

Quick update: I’ve been furloughed temporarily until I can present my I-797 receipt. The good news is my lawyers credit card just got charged by USCIS, so I should be receiving it in the mail any day now. 

Employers are not supposed to reverify.

 

This thread, on the EAD card, has many references on actions you can take if your employers isn't clear on the rules.

 

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

 

[OldUser 6,981]

@Lemonslice from USCIS handbook for Employers:

 

 

"Temporary Form I-551 Requires Reverification

If an LPR or conditional resident presents one of the temporary Forms I-551 listed below, you must reverify their employment authorization using Supplement B, Reverification and Rehire:

List A receipt: The arrival portion of Form I-94, Arrival/Departure Record, containing an unexpired temporary I-551 (ADIT) stamp and a photograph of the employee. The employee must present their Form I-551 to you no later than when the stamp expires, or one year after U.S. Customs and Border Protection issues the Form I-94 if the stamp does not contain an expiration date.
List A document: A foreign passport with either a temporary I-551 (ADIT) stamp or I-551 printed notation on a machine-readable immigrant visa (MRIV). The employee must present a List A or List C document to you when the stamp expires, or one year after the admission date if the stamp does not contain an expiration date.
Most MRIVs contain the following language on the visa: “UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR.” The one-year time period begins on the date of admission. If the employee receives an MRIV without the statement “FOR 1 YEAR,” you should treat the MRIV as evidence of permanent residence status for one year from the date of admission.
If the stamp in the passport is endorsed “CR-1” and is near but not on the MRIV, it is still a valid endorsement.
Enter the number in red font under the MRIV “Expires On” date as the document number.
List C document: An expired PRC with a Form I-797, Notice of Action, receipt notice for either a Form I-751, Petition to Remove Conditions or a Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, that indicates USCIS has extended the card’s validity. You must reverify the employee’s employment authorization before their extension ends."

 

So there are cases when employers are required to reverify. My understanding is though, @Adam2658 could have chosen to show unrestricted SS card and valid DL and that should have satisfied employer with no future reverification needed. Also my understanding is, employer cannot say which documents an employee needs to show. That's up to employee as long as it meets USCIS requirements.

Edited August 12, 2023 by OldUser

[jackiegringa 419]

6 hours ago, Adam2658 said:

Quick update: I’ve been furloughed temporarily until I can present my I-797 receipt. The good news is my lawyers credit card just got charged by USCIS, so I should be receiving it in the mail any day now. 

Oof. Hope it turns out alright for you, just keep in mind that it might have been unnecessary and potentially not legal

 

"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

Edited August 12, 2023 by jackiegringa
Read the thread

[Mike E 11,741]

9 hours ago, Adam2658 said:

Quick update: I’ve been furloughed temporarily until I can present my I-797 receipt. The good news is my lawyers credit card just got charged by USCIS, so I should be receiving it in the mail any day now. 

Good.

 

Sue for loss of pay and damages. Make these racists pay.