This is a serious question.....to all waiting

[Germerican 42]

Let me put it to you this way:

1. My wife can't apply for a new job because HR people are not familiar with the concept of extension letter and would rather err on the side of safety and hire someone with an unexpired greencard. That's forgone career advancement and salary.

Burs, see my last post prior to this one. Many HR Departments seem to have absolutely no clue what the I-9 is all about. I would see this as grounds for a lawsuit, due to discrimination.

To all employers out there. It's not that hard. Just take a closer look at that damned I-9 and you'd know how you can and cannot hire.

[sarah and hicham 3]

What annoys me is the biometrics game we have had to play with USCIS. We haven't even been able to move on from that point yet. We waited awhile to get a biometrics notice, then he went and got it done, then got another biometrics letter because his fingerprints didn't work...went again, and then got an RFE because they didn't work again. Now we had to send in a police report. So we aren't able to just sit back and wait yet, due to the fingerprint problem. So we are constantly dealing with USCIS so far, no just waiting around for it to happen. It seems every couple weeks we are getting a letter asking for something else and it's getting old!

If that part gets resolved, we are fine waiting for the approval. It just can get irritating because it reminds you how inconsistent USCIS service centers are. People who sent in their apps months after us, got their bio appt really fast and already got approved, while we are waiting in biometrics limbo. LOL SO it's hard not to get annoyed about it sometimes. And then there are those of us lucky to get transferred to CSC while many at TSC and others are waiting much much longer. It's the inconsistency of it all that's aggrevating.

Also Suj feels a little uncomfortable visiting India with only the receipt and stamp in his passport(which he'd have to get at our local office) and would much rather have the actual card before he visits India again so they don't question his status over in India.

This happened to us at the AOS stage. Man, what a pain! Good luck with the police report, it was really easy to get here and we picked it up the same day.

[tweety 1]

I just think it makes a huge difference if you already have the job, and the company wants something from you (i.e. valid GC), as opposed to when you are dealing with a prospective future employer. In the latter case you are undoubtedly in a way weaker position - as you want employment from them, while they still have a pool of candidates to fall back on, should you (the one with questionable papers) not be able to produce the desired papers on time.

You get the difference?

and I am yet to encounter that brave person to lecture their prospective employer on immigration law).

I did! Well, it was my current employer but still, I had to basically do the dirty work for them and find out what my options were. They had no clue about USCIS or the I-9.

I was told I'd have to resign my position as soon as my conditional GC expired, if I could not provide a copy of my new GC.

After doing all the necessary research (this was pre VJ times, otherwise I would have known right away) I sent them an email, asking if certain rules applied to me, so I could keep my job.

If I hadn't looked into it, I would have lost my job.

This is the email I sent to HR:

Peggy,

In your email of 9/21 you said I could contact you if I had any questions. I do have some questions regarding the I-9 Form. For your convenience I attached a copy of this form to this email.

Due to an increase in processing fees on July 30th, 2007, the USCIS has received a tremendous number of applications and thus, is currently behind schedule with the initial processing of these applications, which would include my own application as well. Having said that, the likelihood that I will receive the necessary Notice of Action, which would extend my current Permanent Resident Card for an additional year, before the expiration of my current card, is very slim. For clarification purposes I would like to state that the expiration of my current Permanent Resident Card does not change my status as a Permanent Legal Resident as well as my authorization to work.

In order to avoid having to resign my employment I wanted to inquire if there were any other possibilities for me to prove my legal authorization to work?

According to Form I-9, Section 2 - Employer :

... "Employers must complete Section 2 by examining evidence of identity and employment eligibility withing three (3) business days, they must present a receipt for the application of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days. " ...

Would this apply to my situation? I have already provided a copy of my application, together with the mailing receipt. Once the return receipt arrives, I would also be able to provide that as proof of application.

Furthermore, according to Form I-9, Section 3 - Updating and Reverification:

..."Employers must reverify employment eligibility of their employees on or before the expiration date recorded in Section 1. Employers CANNOT specify which document(s) they will accept from an employee."... "if a current employee's work authorization is about to expire (reverification), complete Block B and:" ... "examine any document that reflects that the employee is authorized to work in the U.S. (see List A or C)."

Under List C of the "Lists of Acceptable Documents" (Page 3, Form I-9), Item 1. states a "U.S. social security card issued by the Social Security Administration (other than a card stating it is not valid for employment)" to be an acceptable document that establishes employment eligibility.

As a Permanent Legal Resident I can request a Social Security Card without the annotation "Valid for Work Only with DHS Authorization". If I can provide said Social Security Card, would this be an acceptable form of proof of employment eligibility?

I hope there is a possibility for me to avoid having to resign my employment, should I not receive the needed document, which would establish my authorization to work, in time.

Should you have any questions for me in the meantime, please feel free to contact me as well.

Thank you,

Andreas

[Kazan' Tiger 1]

Well as someone still waiting to be reunited. I don't even get a tizzy over that. Neither does my fiancée. Whining is not going to speed anything along any more than honking a horn in traffic jam. It only creates more useless anger and frustration.

I know once my fiancée gets her, the USCIS can drag their feet all they want. She's here! It's not like they send your loved back to their native country in between each step.

[Germerican 42]

I just think it makes a huge difference if you already have the job, and the company wants something from you (i.e. valid GC), as opposed to when you are dealing with a prospective future employer. In the latter case you are undoubtedly in a way weaker position - as you want employment from them, while they still have a pool of candidates to fall back on, should you (the one with questionable papers) not be able to produce the desired papers on time.

You get the difference?

I do get the point, however, if you are able to provide proper documentation, like in burs' case, (proper documentation does not mean a GC, it can also be a valid DL and a SSC w/o annotation, or an expired conditional GC with NOA, etc.) and they don't hire you based on the fact that you can't show them a valid GC, than that is discrimination in my opinion.

If I was looking for a job and a prospective employer told me they wouldn't hire me because I can't provide a valid GC as proof of employment eligibility (an that's what it's all about), I would take that I-9 and throw it in their face. After all, you have to proof that you are authorized to work, not your immigration status.

[tweety 1]

Well as someone still waiting to be reunited. I don't even get a tizzy over that. Neither does my fiancée. Whining is not going to speed anything along any more than honking a horn in traffic jam. It only creates more useless anger and frustration.

I know once my fiancée gets her, the USCIS can drag their feet all they want. She's here! It's not like they send your loved back to their native country in between each step.

How about you just wait till you get to our stage, and when your wife sits around at home for a couple of months because her DL expired and she can't get a new one, as well can't change jobs for a couple of months.... we shall talk again....

[tweety 1]

I just think it makes a huge difference if you already have the job, and the company wants something from you (i.e. valid GC), as opposed to when you are dealing with a prospective future employer. In the latter case you are undoubtedly in a way weaker position - as you want employment from them, while they still have a pool of candidates to fall back on, should you (the one with questionable papers) not be able to produce the desired papers on time.

You get the difference?

I do get the point, however, if you are able to provide proper documentation, like in burs' case, (proper documentation does not mean a GC, it can also be a valid DL and a SSC w/o annotation, or an expired conditional GC with NOA, etc.) and they don't hire you based on the fact that you can't show them a valid GC, than that is discrimination in my opinion.

If I was looking for a job and a prospective employer told me they wouldn't hire me because I can't provide a valid GC as proof of employment eligibility (an that's what it's all about), I would take that I-9 and throw it in their face. After all, you have to proof that you are authorized to work, not your immigration status.

Yeah, picking a fight with your future employer is a sure way to get hired.... and I doubt they would tell you that they didn't hire you because of your immigration status, of course they'd just pick something else... it's not like they're that stupid.

[Germerican 42]

I just think it makes a huge difference if you already have the job, and the company wants something from you (i.e. valid GC), as opposed to when you are dealing with a prospective future employer. In the latter case you are undoubtedly in a way weaker position - as you want employment from them, while they still have a pool of candidates to fall back on, should you (the one with questionable papers) not be able to produce the desired papers on time.

You get the difference?

I do get the point, however, if you are able to provide proper documentation, like in burs' case, (proper documentation does not mean a GC, it can also be a valid DL and a SSC w/o annotation, or an expired conditional GC with NOA, etc.) and they don't hire you based on the fact that you can't show them a valid GC, than that is discrimination in my opinion.

If I was looking for a job and a prospective employer told me they wouldn't hire me because I can't provide a valid GC as proof of employment eligibility (an that's what it's all about), I would take that I-9 and throw it in their face. After all, you have to proof that you are authorized to work, not your immigration status.

Yeah, picking a fight with your future employer is a sure way to get hired.... and I doubt they would tell you that they didn't hire you because of your immigration status, of course they'd just pick something else... it's not like they're that stupid.

Most definately. Apparently that's what happened in burs' case. And yes, some employers are that stupid! After all some aren't even familiar with the I-9. A form that every new employee hast to fill out.

Why not pick a fight with a potential employer? Maybe it'll impress them to see how determined you are!

[lucyrich 19]

I just think it makes a huge difference if you already have the job, and the company wants something from you (i.e. valid GC), as opposed to when you are dealing with a prospective future employer. In the latter case you are undoubtedly in a way weaker position - as you want employment from them, while they still have a pool of candidates to fall back on, should you (the one with questionable papers) not be able to produce the desired papers on time.

You get the difference?

True, but when dealing with a potential future employer, especially one who has already told you they won't employ you, you've got a lot less to lose by filing a lawsuit. If they say they won't employ you, and they say the reason is that they require documentation in a form which the law says they are not allowed to require. then it'll be an easy lawsuit to win.

[Kazan' Tiger 1]

Well, I'm not too worried about those things. Plenty of ways to work under the table and a DL is good for 4 years. I hardly think any paper would take that long. Even if it does, big deal. I can find a way for her to get to work.

Well as someone still waiting to be reunited. I don't even get a tizzy over that. Neither does my fiancée. Whining is not going to speed anything along any more than honking a horn in traffic jam. It only creates more useless anger and frustration.

I know once my fiancée gets her, the USCIS can drag their feet all they want. She's here! It's not like they send your loved back to their native country in between each step.

How about you just wait till you get to our stage, and when your wife sits around at home for a couple of months because her DL expired and she can't get a new one, as well can't change jobs for a couple of months.... we shall talk again....

[john_t_03 0]

...

I mean...we are TOGETHER at this point....and all we are really doing is waiting. Most of us have the receipt already, so the GC has been extended, so the PR can do whatever he/she could before with no interruption....what's the big issue?

...

To those who might say...I don't want to be in limbo or I want to just move on with my life and not worry about immigration...you're not in any sort of "limbo" and once you have that receipt, there's nothing you DO have to worry about. Get the bio letter, go do it, and then wait some more! Wait, wait, wait...the USCIS theme.

...

While I personally do take this process lightly and have learned not to check my case status every day, I disagree with a few assumptions you have made:

1. A lot of things are in limbo, including your very status in the US. USCIS might send you an rfe, invite you to another interview, or your application could fall through the cracks to be never found again. That RFE or interview notice might get lost in the mail (it happens) and your application can be denied and you could find yourself in removal proceedings. All of these might happen, because your residency is "conditional" and that still has a very heavy bearing on people.

2. A lot of people get stressed, because they don't have all the evidence required for 751, children's birth certificates if no children, lack of a lease or a mortgage, lack of financial documents. It is in fact quite possible to remain as a legal married couple while lacking these documents and face an RFE.

3. Some people don't even get their NOAs or renewal letters. They have no legal proof of their status, in case it's required for an ID, job, international travel, etc. This also causes a lot of stress.

Last, the people on these forums represent those that are in fact worried. Otherwise, there is not much reason to be on here. There are tens of thousands of people who are in a similar position, yet are not regulars on the internet forums. If you are not worried at all about the 751, what are "you" doing on this forum?

Edited December 20, 2007 by john_t_03

[burs 0]

Germerican,

Nothing happened in my wife's employment, I am sorry if I've thrown you off. She is currently employed and it took little effort to explain things to her current HR folks, they were understanding. And while she hasn't applied for a new job yet, it's pretty much a sure bet that if it comes down to two candidates and one of them having an expired green card (with the extension letter), that person is going to be at a disadvantage. I don't think there are any merits for a lawsuit here, however. Any company is interested in a steady employee. But what if that person's petition to remove conditions is denied and that person is deported. As a company you loose because you lost that employee and you haven't hired the other candidate who otherwise would not have had those problems. You can't blame them for having their doubts in hiring you. That's what I am talking about. It's not just the wait.

Kazan' dude - good luck with everything.

[Kez/JWolf 6]

Germerican,

Nothing happened in my wife's employment, I am sorry if I've thrown you off. She is currently employed and it took little effort to explain things to her current HR folks, they were understanding. And while she hasn't applied for a new job yet, it's pretty much a sure bet that if it comes down to two candidates and one of them having an expired green card (with the extension letter), that person is going to be at a disadvantage. I don't think there are any merits for a lawsuit here, however. Any company is interested in a steady employee. But what if that person's petition to remove conditions is denied and that person is deported. As a company you loose because you lost that employee and you haven't hired the other candidate who otherwise would not have had those problems. You can't blame them for having their doubts in hiring you. That's what I am talking about. It's not just the wait.

Kazan' dude - good luck with everything.

Why would your wife need to even show a greencard to either a new employer or an existing employer..... to comply with the I-9 all she needs is her SSN card and a State ID or DL..... as long as the SSN card does not have the "Valid only with" on t then she is all set.... if she has not got a new SSN card after getting her greencard then she should go and get one ASAP....

Kez

[Germerican 42]

it's pretty much a sure bet that if it comes down to two candidates and one of them having an expired green card (with the extension letter), that person is going to be at a disadvantage.

Don't provide your expired GC and extension letter as proof of employment eligibilty, but rather show them a valid drivers license and your social security card (without any annotations). That should put you right where the other candidate is and eliminate the disadvantages.

[tweety 1]

Well, I'm not too worried about those things. Plenty of ways to work under the table and a DL is good for 4 years. I hardly think any paper would take that long. Even if it does, big deal. I can find a way for her to get to work.

Well as someone still waiting to be reunited. I don't even get a tizzy over that. Neither does my fiancée. Whining is not going to speed anything along any more than honking a horn in traffic jam. It only creates more useless anger and frustration.

I know once my fiancée gets her, the USCIS can drag their feet all they want. She's here! It's not like they send your loved back to their native country in between each step.

How about you just wait till you get to our stage, and when your wife sits around at home for a couple of months because her DL expired and she can't get a new one, as well can't change jobs for a couple of months.... we shall talk again....

Yeah, working illegally ("under the table") is the way to go. Too bad I don't work in any profession that would allow for that. And I've had only a total of 3 DL's now in the past 3 1/2 years, and it will expire again next year May.... that much for your utopia of DLs being good for 4 years. I hope you never get a rough awakening from your dreams.... Keep sleeping.