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Sunnyland

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

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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 by Sunnyland

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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.

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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.

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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 by Sunnyland

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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.


-K-1 Timeline-                                                                                         -ROC Timeline-
Visited girlfriend first time - 07/20/13                                                    Sent - 12/16/16
I-129f Filed - 08/04/13                                                                              NOA 1 - 12/19/16
NOA1 - 08/20/13                                                                                       Biometrics - 01/27/17
Visited girlfriend second time - 09/10/13 - 09/30/13                       Card Production - 6/14/18
RFE - 08/28/13 (parental consent from courthouse)                        Card in hand - 6/21/18
NOA2 - 11/05/13
Visited girlfriend third time - 11/14/13
Case Shipped to NVC - 12/16/13
NVC Case number - 12/26/13
Sent to London Embassy - 12/27/13
DS - 160 Sent - 05/01/14
Readiness Form Sent - 06/01/14
Medical - 01/09/14
DS Forms & Medical Received By Embassy - 01/14/14
Interview - 02/13/14 APPROVED!!
CEAC Issued - 02/19/14
Visa in hand - 02/24/14
POE: Newark - 02/25/14
Married - 03/22-14

-AOS Timeline-
Filed - 04/16/14
NOA1 Email - 04/24/14

NOA1 Letters - 04/28/14

Biometrics Appointment - 05/19/14

RFE - 04/16/14

EAD Card Production - 07/03/14

EAD In Hand - 07/11/14

Potential Interview Waiver Letter - 07/29/14

Approved! - 03/16/15 (Took Almost 11 months total)

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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 by Kiran n Suds

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Hi,

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


Our K-1 journey * I am the beneficiary *

08/03/2012 sent I-129F

06/27/2013 Interview at Frankfurt Consulate = Approved.

08/09/2013 Wedding!

AOS

09/03/2013 Sent AOS + EAD + AP

12/30/2013 PR card in hand.

ROC

09/29/2015 Sent I-751

10/30/15 Biometrics

05/19/16 Approved

N-400

10/04/2016 Send Package

10/15/2016 NOA

11/04/2016 Biometrics

02/01/2017 Interview

02/23/2017 Oath!

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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.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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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 by zuluweta

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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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.


Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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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 ?

Our K-1 journey * I am the beneficiary *

08/03/2012 sent I-129F

06/27/2013 Interview at Frankfurt Consulate = Approved.

08/09/2013 Wedding!

AOS

09/03/2013 Sent AOS + EAD + AP

12/30/2013 PR card in hand.

ROC

09/29/2015 Sent I-751

10/30/15 Biometrics

05/19/16 Approved

N-400

10/04/2016 Send Package

10/15/2016 NOA

11/04/2016 Biometrics

02/01/2017 Interview

02/23/2017 Oath!

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