Where hell is my NOA

[AfricanQueen 0]

Its has now been nearly a month a no NOA! What do you guys suggust my husband expires December 13. Which I don't expect to be approved by that time of course, but my husbands job keeps asking him about his Green Card expiring...I don't want him to get fired behind not having a NOA. Anyone know the job laws on this?

AQ

[designermedusa 0]

I know it can be a hassle to make an InfoPass appointment, but he should be able to get the I-551 stamp if he explains the NOA has not been received.

[AfricanQueen 0]

I know it can be a hassle to make an InfoPass appointment, but he should be able to get the I-551 stamp if he explains the NOA has not been received.

Yea, I called these freaks at the 1-800-375-5283. They don't know anything. They just keep giving you standards answers that they are reading off of the screen. She was like I don't know what to tell you, but to "wait". I was like well he expires in 2 weeks and legally he can be fired if he cannot show proof..which is the NOA. She said to try to make an appointment at the local office, but she "does not know if they will do anything".

AQ

[designermedusa 0]

I know it is frustrating. I wish you the best of luck that you will get the NOA soon.

[jodee 30]

"Employers must update or reverify certain ID documents at or prior to their expiration date. This does not apply to US Passports, which can be used even if expired, nor to already presented and accepted non-expired Permanent Resident Cards when they reach their expiration date, nor to any List B documents, e.g. state driver's licenses and state ID's. The USCIS website, in the Employer section, Employer Bulletins, lists the limited requirements and allowed instances for reverification."

This has been mentioned before on many a post, I just cant find any at the moment to back up that statement,..

Hold up,..just found this on the USCIS website,.

"GREEN CARDS”

The terms Resident Alien Card, Permanent Resident Card, Alien Registration Receipt Card, and Form I-551 all refer to documentation issued to an alien who has been granted permanent residence in the U.S.. Once granted, this status is permanent. However, the document that an alien carries as proof of this status may expire. Starting with the “pink” version of the Resident Alien Card (the “white” version does not bear an expiration date), and including the new technology Permanent Resident Cards, these documents are valid for either two years (conditional residents) or ten years (permanent residents). When these cards expire, the alien cardholders must obtain new cards. An expired card cannot be used to satisfy Form I-9 requirements for new employment. Expiration dates do not affect current employment, since employers are neither required nor permitted to re-verify the employment authorization of aliens who have presented one of these cards to satisfy I-9 requirements (this is true for conditional residents as well as permanent residents). Note: Even if unexpired, “green cards” must appear genuine and establish identity of the cardholder.

[jodee 30]

This is straight from the Employers manual issued buy USCIS to Employers. Last updated 11/1/2007. Document M-274

Q. My employee's DHS-issued employment authorization document expired and the employee now wants to show me a Social Security card. Do I need to see a current DHS document? A. No. During both initial verification and reverification, an employee must be allowed to choose what documentation to present from the Form I-9 lists of acceptable documents. If an employee presents an unrestricted Social Security card upon reverification, the employee does not also need to present a current DHS document. However, if an employee presents a “restricted” Social Security card upon reverification, the employer must reject the restricted Social Security card, since it is not an acceptable Form I-9 document and ask the employee to choose different documentation from List A or List C of the Form I-9. A restricted Social Security card may state “not valid for employment” or “valid for work only with DHS authorization.”

This basically says he does not need to provide a current DHS document, upon reverification of I-9 documents.

List A (Documents that establish both identity and employment eligibility)

United States Passport

Permanent Resident Card or Alien Registration Receipt Card (I-551)

Temporary Resident Card (I-688)

Employment Authorization Document (I-766, I-688B, or I-688A)

Foreign Passport with temporary I-551 stamp

For aliens authorized to work only for a specific employer, foreign passport with Form I-94 authorizing employment with this employer

List B (Documents that establish identity only)Driver's license issued by a state or outlying possession

ID card issued by a state or outlying possession

Native American tribal document

Canadian driver's license or ID card with a photograph (for Canadian aliens authorized to work only for a specific employer)

School ID card with a photography

Voter's registration card

Military card or draft record

Miltary dependent's ID Card

List C (Documents that establish employment eligibility only)

Social Security account number card without employment restrictions

Original or certified copy of a birth certificate with an official seal issued by a state or local government agency

Certification of Birth Abroad

US Citizen ID Card

Native American tribal document

Form I-94 authorizing employment with this employer (for aliens authorized to work only for a specific employer)

[jodee 30]

Future Expiration Dates

Future expiration dates may appear on the employment authorization documents of aliens, including, among others, permanent residents and refugees. USCIS includes expiration dates even on documents issued to aliens with permanent work authorization. The existence of a future expiration date:

1. Does not preclude continuous employment authorization;

2. Does not mean that subsequent employment authorization will not be granted; and

3. Should not be considered in determining whether the alien is qualified for a particular position.

Considering a future employment authorization expiration date in determining whether an alien is qualified for a particular job may constitute employment discrimination. (See Part Four.) However, as described below, you may need to reverify the employee’s eligibility to work upon the expiration of certain List A or List C documents.

Reverifying Employment Authorization for Current Employees

When an employee’s work authorization expires, you must reverify his or her employment eligibility. You may use Section 3 of the Form I-9, or, if Section 3 has already been used for a previous reverification or update, use a new Form I-9. If you use a new form, you should write the employee’s name in Section 1, complete Section 3, and retain the new form with the original. The employee must present a document that shows either an extension of the employee’s initial employment authorization or new work authorization. If the employee cannot provide you with proof of current work authorization (e.g. any document from List A or List C, including an unrestricted Social Security card), you cannot continue to employ that person.NOTE: List B identity documents, such as a driver’s license, should not be reverified when they expire.

To maintain continuous employment eligibility, an employee with temporary work authorization should apply for new work authorization at least 90 days before the current expiration date. If USCIS fails to adjudicate the application for employment authorization within 90 days, then the employee will be authorized for employment on Form I-766 for a period not to exceed 240 days.

NOTE: You must reverify an employee’s employment eligibility on the Form I-9 not later than the date the employee’s work authorization expires.

Reverifying or Updating Employment Authorization for Rehired Employees

When you rehire an employee, you must ensure that he or she is still authorized to work. You may do this by completing a new Form I-9 or you may reverify or update the original form by completing Section 3.

If you rehire an employee who has previously completed a Form I-9, you may reverify on the employee’s original Form I-9 (or on a new Form I-9 if Section 3 of the original has already been used) if:

1. You rehire the employee within three years of the initial date of hire; and

2. The employee’s previous grant of work authorization has expired, but he or she is currently eligible to work on a different basis or under a new grant of work authorization than when the original Form I-9 was completed.

To reverify, you must:

1. Record the date of rehire;

2. Record the document title, number and expiration date (if any) of any document(s) presented;

3. Sign and date Section 3; and

4. If you are reverifying on a new Form I-9, write the employee’s name in Section 1.

If you rehire an employee who has previously completed a Form I-9, you may update on the employee’s original Form I-9 or on a new Form I-9 if:

1. You rehire the employee within three years of the initial date of hire; and

2. The employee is still eligible to work on the same basis as when the original Form I-9 was completed.

To update, you must:

1. Record the date of rehire;

2. Sign and date Section 3; and

3. If you are updating on a new Form I-9, write the employee’s name in Section 1.

Employers always have the option of completing Sections 1 and 2 of a new Form I-9 instead of completing Section 3 when rehiring employees.

So, as long as his social security card doesnt have the restriction on it,..he can use that to reverify.

Edited November 28, 2007 by jodee

[Kez/JWolf 6]

I had to reverify my status this month with my HR dept.... I showed them my MA State Drivers Licence and my SSN Card... they never asked to see my greencard and I never offered it... the documents I showed was enough and the I-9 was completed...

Kez

[AfricanQueen 0]

I had to reverify my status this month with my HR dept.... I showed them my MA State Drivers Licence and my SSN Card... they never asked to see my greencard and I never offered it... the documents I showed was enough and the I-9 was completed...

Kez

Thanks alot...I was getting paranoid. I made a Infopass appointment should I cancel it???

[jodee 30]

With the info, I gave you, and what kezzie said, I don't think you would need the appointment, but thats up to you.

Edited November 28, 2007 by jodee

[FVA 0]

I had to reverify my status this month with my HR dept.... I showed them my MA State Drivers Licence and my SSN Card... they never asked to see my greencard and I never offered it... the documents I showed was enough and the I-9 was completed...

Kez

Thanks alot...I was getting paranoid. I made a Infopass appointment should I cancel it???

you got a lot of great info on here, but i would still use the infopass appointment and get the passport stamped.

better safe than sorry!

Edited November 28, 2007 by FVA

[AfricanQueen 0]

I had to reverify my status this month with my HR dept.... I showed them my MA State Drivers Licence and my SSN Card... they never asked to see my greencard and I never offered it... the documents I showed was enough and the I-9 was completed...

Kez

I will let you all know what happens...it seems like I should have received it by now. Even with delays most are not taking this long.

Thanks alot...I was getting paranoid. I made a Infopass appointment should I cancel it???

you got a lot of great info on here, but i would still use the infopass appointment and get the passport stamped.

better safe than sorry!

[AfricanQueen 0]

I hope something comes this week.......this is crazy it has been 1 month now.

AQ

[Jasman0717 9]

A month isn't so bad of a wait.

[Kez/JWolf 6]

You may have waited a month for your NOA1 but as you have been transfered to CSC you will likely have your 10 years greencard months before those of us who have not been transfered to CSC.....

Kez