Working while ROC is pending... Hiring employer doesn't recognize the extension letter!

[Sunnyland 639]

Hello VJers.

This is what happened to me this week and I need to have your opinion on what to do. Last week I was offered a PT job at a big retail store and went thru all the process... Interview, medical tests, background checks, drug test, etc. I passed all.

Last week (Tuesday 19th) I had to go very early in the morning to the headquarter office of this big chain store to bring my papers and spend a whole 3-4 hours orientation meeting watching the company's video, safety rules, etc etc... I brought the 2 year GC (expired on April 2015), SSN, driver license permit, etc. They made copies of all that, or thats what i thought.

They called me last Friday and told me to go back again on Tuesday to the headquarter office to bring the GC again because it seems the HR assistant that day forgot to make copy of my GC or check it at all. Okaaay, I brought it yesterday afternoon and they made a copy there to email it to their MAIN human resources office in Miami.

Yesterdays afternoon the head of HR called me and explained me that as my 2 year GC is expired I can not work there.

That I have 2 options....Or I go to the Social Security Administration and ask them to give me a new SSN card that does not include the wording "valid for work only with DHS authorization" (like my current one),or that I wait until I receive my new GC (the one that is in process now).

I explained the lady I already started my GC renewal and that I have the related Uscis extension letter for what that means I can still work with the expired GC. She asked me when I was gonna receive the new GC. I replied I dont know. Its in process now. It can take a couple more months.

It gave me the impression the HR lady did not quite understand what that extension letter means and she still explained me that company dont accept that. They need a valid GC!

Another thing, they already made me go to work last Monday for 6 hours at the store but she didnt say a thing about paying me for the day i worked there. She apologized and said that the HR assistant should have checked my GC was valid, etc. Before making me start working there.

I'm very upset about this because they made me waste a lot of time in the pre hiring process and never took a look or explained me that my GC/extension letter was not gonna be good enough for them.

Now I'm worried that I will encounter the same problem with every company that wants to hire me. I get the feeling the HR departments DONT understand the immigration process's documents at all. They are not updated that an employee can work with a work permit while on Aos or with the extension letter of ROC.

Has anybody gone thru a similar problem with a hiring employer? My 2 yr GC is expired, do I have to get a new SSN card without the wording "valid for work only with DHS authorization"?

Please share your experiences if you had a similar problem. Thanks a lot.

Edited May 27, 2015 by Sunnyland

[is63 7]

Dear Sunnyland, you should have replaced your SSN card when you first got your green card I believe in 2013.

You need to update your record with SS that you are now legal to work.

Anyhow, you can still do that now with the expired GC and extension letter. Go to the nearest SSA office and take your current SSN card, expired GC and extenion and ask them to get you a new card. It should be easy and fast. With the new card you can resume your work. This option is faster than waiting for the new GC.

Even with the new GC your employer might ask you for updated SSN card.

Good luck.

Hello VJers.

This is what happened to me this week and I need to have your opinion on what to do. Last week I was offered a PT job at a big retail store and went thru all the process... Interview, medical tests, background checks, drug test, etc. I passed all.

Last week (Tuesday 19th) I had to go very early in the morning to the headquarter office of this big chain store to bring my papers and spend a whole 3-4 hours orientation meeting watching the company's video, safety rules, etc etc... I brought the 2 year GC (expired on April 2015), SSN, driver license permit, etc. They made copies of all that, or thats what i thought.

They called me last Friday and told me to go back again on Tuesday to the headquarter office to bring the GC again because it seems the HR assistant that day forgot to make copy of my GC or check it at all. Okaaay, I brought it yesterday afternoon and they made a copy there to email it to their MAIN human resources office in Miami.

Yesterdays afternoon the head of HR called me and explained me that as my 2 year GC is expired I can not work there.

That I have 2 options....Or I go to the Social Security Administration and ask them to give me a new SSN card that does not include the wording "valid for work only with DHS authorization" (like my current one),or that I wait until I receive my new GC (the one that is in process now).

I explained the lady I already started my GC renewal and that I have the related Uscis extension letter for what that means I can still work with the expired GC. She asked me when I was gonna receive the new GC. I replied I dont know. Its in process now. It can take a couple more months.

It gave me the impression the HR lady did not quite understand what that extension letter means and she still explained me that company dont accept that. They need a valid GC!

Another thing, they already made me go to work last Monday for 6 hours at the store but she didnt say a thing about paying me for the day i worked there. She apologized and said that the HR assistant should have checked my GC was valid, etc. Before making me start working there.

I'm very upset about this because they made me waste a lot of time in the pre hiring process and never took a look or explained me that my GC/extension letter was not gonna be good enough for them.

Now I'm worried that I will encounter the same problem with every company that wants to hire me. I get the feeling the HR departments DONT understand the immigration process's documents at all. They are not updated that an employee can work with a work permit while on Aos or with the extension letter of ROC.

Has anybody gone thru a similar problem with a hiring employer? My 2 yr GC is expired, do I have to get a new SSN card without the wording "valid for work only with DHS authorization"?

Please share your experiences if you had a similar problem. Thanks a lot.

[Sunnyland 639]

Thats funny. That was never a prob before. 2 years ago I started working at a big retail store with my 2 year GC (the one that expired now) and the same SSN card I have now and they never said a thing that i should update anything on the current SSN card.

So now, should I request a new card (same number, right?) but that does NOT include the word "valid for work only with the DHS authorization"?

That would allow me to work with the expired GC and the extension letter?

Oh boy, the SSN office near me is a pain in the @ss! Just to get my current SSN card it took them more than 1 month to get it right! That office is a mess. But its the only near me.

[Sunnyland 639]

Thanks is63. I will have to get a new replacement card at SSn with the legend removed. Do you know if that will be for free or they will charge me?

Edited May 27, 2015 by Sunnyland

[Natonstan 129]

Thanks is63. I will have to get a new replacement card at SSn with the legend removed. Do you know if that will be for free or they will charge me?

It's free of charge to get a replacement SSN card.

[Morningmist 76]

This is what I am afraid of. Idiotic HR people. Why are they even in HR if they don't understand simple things like this.

[KierenHby 897]

Some HRs see high turnover and maybe every tom, "richard", or mary in HR isn't up to speed on nuances to legal requirements.

Edited May 27, 2015 by Kiran n Suds

[Arinlars 19]

Hi,

I thought the SSN card that says "valid to work with DHS authorization" is correct . What should it change into ?

[is63 7]

If you have a green card it should not say anything just your name and your number.

Hi,

I thought the SSN card that says "valid to work with DHS authorization" is correct . What should it change into ?

[milimelo 4,196]

OP, you should've removed the legend on your SSN as soon as you received your first GC. SSN card and DL are all that's needed for work.

Quit offering your GC as proof of employment. DL and SSN is all that's needed - I've never showed my GC for employment purposes and never had an issue come ROC time.

[KierenHby 897]

After adjusting for GC, first order of business: get "valid for work only with.." condition removed.

[zuluweta 250]

OP, you should've removed the legend on your SSN as soon as you received your first GC. SSN card and DL are all that's needed for work.

Quit offering your GC as proof of employment. DL and SSN is all that's needed - I've never showed my GC for employment purposes and never had an issue come ROC time.

This!

I think the HR did the right thing. Either show a valid GC or show a valid DL and unrestricted SS card.

Edited May 29, 2015 by zuluweta

[NikLR 13,220]

The HR should accept their NOA1 as proof of legal status in the USA. So no, they are not doing the right thing.

[zuluweta 250]

According to the USCIS webpage (http://tinyurl.com/nd7dmc4), scrolling to the bottom reveals:

"A form I-797 issued to a conditional resident MAY BE an acceptable List C document in combination with his or her expired form I-551 (green card)"

In other words, it may be acceptable to the employer but the employer may deem it unacceptable. A lawsuit should resolve this discrepancy.

[Arinlars 19]

If you have a green card it should not say anything just your name and your number.

Ok so I need to go to the SSO and change it right ?