I have read somewhere on the forum that I can continue to stay in my job with NOA1 (the 1-year extention of green card). I had received it sometime ago. I did not bring it up until Dec because my green card expired in the end of Dec. I volunteered this information to them. Hoping they can update my information. I did not want to lose my job when they found this out and I had not informed them.

Today, I received an email from my employer saying, "The Department of Homeland Security no longer allows us to use a receipt for application or extension." NOA1 says I can work and travel during this time. Plus I am not changing job! I am so worried right now because I may lose my job in 5 days. I am trying to find some thing from Immigration website to prove that I am right.

They mentioned that they needed to update information on I-9 form. Does anyone know what that is? Does anyone know where I can find the relavent information to show my employer?

Rebecca

Your NOA states very clearly that it extends your permanent resident status for one year, with work and travel permitted.

I would take the NOA to your employer and make a copy of it for your personnel file. You are definitely entitled to keep on working while you await approval of your 10-yr GC.

Do an INFOPASS, bring your extension letter and ask for an I-551 stamp on your un-expired passport.

And that's the problem. NEVER volunteer information!!!

Your employer IS NOT ALLOWED to ask or check your status if you're already hired and
you were employment-authorized at the time of hire.


If you do lose your job (and I hope you don't), by all means sue your employer for unlawful termination!

Not true! Dept of Homeland Security requires employers to update the I-9 form whenever there is a listed expiration date and whenever there is a change in employment. When permanent residency expires, I-9 must be updated with new documentation. Employers are fined for not complying. The Notice of Action should be sufficient, however your employer may not be aware of it depending on the size of the organization. Provide them with the documentation and leave a copy for them to follow up themselves and verify your eligibility to work.

PS Employer has 90 calendar days from expiration of documentation before they are required to remove you from payroll.

Wrong.

Reverification is not required when a permanent resident card is issued to a lawful permanent resident
or a conditional permanent resident.

That was true in the past because permanent resident documentation did not have an expiration date. They now have expiration dates and must be treated as all other documentation with an expiration date except for the US passport.

Permanent resident status does NOT expire even if the green card expires, unless it's
abandoned or the government issues a final order removing the individual from the US.

Does the employer try to comply with the Labor Laws? Then you should be able to use the NOA alone. Or does the employer need some security clearance for you, like export control or access to certain buildings or documents? If it's the latter, ask them what they would accept, e.g. the I-551 stamp in your passport. Then let them give you their non-acceptance fo the NOA and the acceptance of the stamp in a letter on official paper and bring it to your infopass appointment that you have made today, to get the stamp. Tell your employer about your plan of action.

For my work, I need to be a US person (not a Foreign National), but the NOA was enough for my employer to think that they have complied with the law.

That is what I think I know, raymaga. But when I asked her for contact information so that I can fax or mail in a copy. She did not even want to see the NOA1. I work from home.

I am looking at the I-9 Employer handbook right now. She is right that on the list of documentation that employers can use to verify an employee. The extention letter is not on the list.

I just spoke to USCIS on the phone, they adviced me that I am all fine. I am going to talk to my employer again. I hope she understands.

How could Homeland Securiity (USCIS) not accept their own letter that authorized you to continue working??

No, it's not on the list of acceptable documentation. But HR can contact Homeland Security Employer Services and get approval to accept the documentation. We've done it before at my job. I work in HR for state government offices. It's not that hard.

Yep. Your employer is clearly wrong here. You should be on file as a permanent resident. You do not need to provide any additional documentation at this point and your employer cannot require you to provide it. They have no grounds to terminate your employment for your immigration status. If they decide to let you go, take them to court.

On the new I-9 form (which takes effect Dec 26), employers can accept:

a ) A government issued ID (state driver's license) + SS card without the "valid for work with DHS authorization only" notation; or
b ) I-551 stamp

among other documents

Rebecca, if you had your SS card replaced to one without notification, that plus a valid DL should suffice for the I-9. However, if your SS card still has the notation, then I reiterate my suggestion that you take your extension letter to the nearest USCIS DO and have your passport stamped.

The thing is, they don't need to accept anything. She was already on file as a permanent resident -
there's nothing else to prove.

Legally, she doe not need to prove anything again, but the practical implications of not getting an unrestricted Social Security card or I-551 stamp could mean losing her job because her employer doesn't know the rules. I'm sure she would win a lawsuit in the end, but where is she going to get the money to sue without a job? Not to mention how long it takes for lawsuits to go to court.

If the issue can be resolved by getting an I-551 stamp, I'd suggest doing that, rather than refusing on principle and inviting so much potential hassle.

Thank you very much for all your inputs. We called USCIS. It is suggested that employers can check with USCIS. That's what I told my employer. I hope she will really do so.

I work in a big company. I think if I do not "remind"them, they would never noticed that my greencard is expiring. I was doing my part to prevent any unwanted consequences. Although my husband thinks I should not have reminded them.

If she refuses to verify, I will have to do in Infopass to get I-551 stamp. This is my plan so far.

Thanks everyone again! Happy new year!

Rebecca

eau_xplain, thank you for the advice. I do have SS card with the notation and I do have a DL. I can advice my employer about this point too.

Rebecca,

I don't want to rub any more salt into the wound, but seriously, do not ever "remind"
anyone that your green card is about to expire.

Regardless of the expiration date of your green card, your status does not expire, ever.
As far as your employer is concerned, once a permanent resident, always a permanent
resident -- unless USCIS says otherwise.

.........and unfortunately what you ended up with was exactly what you wanted to avoid....

Rebecca,

Can you get a SSC without the notification? that would probably be something good to have for the future.

I dug around somemore to try to understand for myself.... and you might just be ok.

Here's the Employer's Manual. Check out Section 7, Q33's "NOTE:" section in italics.... I think you should be ok, just as mawilson said.

My employer refused to accept my US passport when I was hired three months ago. They wanted my social security card and state ID. Legally they should not have done that. I did point out to them that all that was required was the passport. They asked me to give them the social security card anyway because they needed it for tax records. I decided to drop it then. I could have protested, but I'm sure they could have found some reason not to hire me.

Wow, that's bad. It CLEARLY stipulates that they are not allowed to tell you what they want to see. Was it a small company or maybe the person who verified your documents was not used to anything else other than seeing the SSC and DL (which is what most people show). You are right though, they probably would've found some other reason to not to hire you if you protested.... or made your work-life miserable if you did and they did hire you anyway.

Although I pointed it out to them, I wasn't about to make it a federal case. My company made me a very generous offer and even paid relocation when they hired me on. I'm sure they just were doing what they always had done. My company is quite sizeabe, but the office I'm based out of is a pretty small group.

I don't ever recall being asked for my social security card when I was a federal government contractor. They always took my passport no questions asked.

Bottom line is that an employer may not necessarily be actiing maliciously when asking for specific documents. They may just not know any better.

If they READ the I-9 form it states what is accpeted. List A has the US Passport. If you use something from List B you will need to provide other ID from List C.

Maybe the Person that verify the documents, does not know how to read and understand English.

That's just wrong (laughs) to the OP, you have done everything correctly. If you lose your job you have a very good case, i know it isn't comfort for you but god help the next one who is in your place.

All this talk about suing the employer is really bad advice. Is this a contracted employment or is it at will, the latter giving the employer the right to terminate the employment w/o a reason?

The best option is to improve the communication with the HR dept. or whoever is dealing with your immigration paperwork. Give them a file with the copy of the letter, copy of the greencard, and an excerpt from the immigration law explaining the 751 and the extension letter. If you are seriously concerned about keeping your job, don't even think twice about the I-551 stamp. Getting it will clear up this mess instantly, why are you waiting??

"At will" doesn't give the employer carte blanche to terminate employees for any reason.

They cannot fire a person for being black or gay or, in this case, having an expired
green card.

You could simply present the HR Manager at your place of employment this excerpt taken from the source cited above, and noted as a prohibited practice for employers....