ROC update need help!!!

[Michael_88 6]

Hi Visa Journey!

 

So long story short  my Conditional Green card expired back in 05/22/18. I sent out form I-751 before my Green card  expired and was given an extension letter  valid for 18 months from the expiration of my Green Card. I received a letter from my employer a few days ago stating that my "Green Card and extension letter are not valid to extend my employment". Correct me if I'm wrong but if my extension letter was issued on 06/11/18 and my Green card that expired  became void on 05/22/18  wouldn't I technically have between now and  until 11/22/2019  to work and travel legally? Especially seeing how the government issued my extension letter for 18 months? I'm really confused and stressed at the moment. I also received this notice below when I went to check the status my application? Should I be alarmed? Answers would be great thanks!

 

 

 

"On March 19, 2019, we transferred your Form I-751, Petition to Remove Conditions on Residence, Receipt Number XXXXXXXX, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. If you do not receive your notice by April 18, 2019, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

[Georgia16 2,858]

Yes you are good to work your employer is wrong. 

 

it is normal they transfer cases for ROC because of backlog so no worries on that.

[GBOS 198]

No, that is normal.  Cases are regular transferred out of Vermont and California to Nebraska, Texas, and Potomac to balance workload.

 

You will receive a notice in the mail (or should have already received it) where it was sent.  If you did not receive the notice, you can call the automated number and it will tell you where it went, but you should make sure that your address is current with USCIS if you have not received the physical notice in the mail yet.

[Crazy Cat 39,249]

15 minutes ago, Michael_88 said:

Correct me if I'm wrong but if my extension letter was issued on 06/11/18 and my Green card that expired  became void on 05/22/18  wouldn't I technically have between now and  until 11/22/2019  to work and travel legally?

Correct.  The extension letter keeps your card valid for 18 months from the expiration date on the 2 year card.

[xillini 71]

42 minutes ago, Michael_88 said:

Hi Visa Journey!

 

So long story short  my Conditional Green card expired back in 05/22/18. I sent out form I-751 before my Green card  expired and was given an extension letter  valid for 18 months from the expiration of my Green Card. I received a letter from my employer a few days ago stating that my "Green Card and extension letter are not valid to extend my employment". Correct me if I'm wrong but if my extension letter was issued on 06/11/18 and my Green card that expired  became void on 05/22/18  wouldn't I technically have between now and  until 11/22/2019  to work and travel legally? 

I understand their concerns. Their logic is that since your card was already expired (May 2018) when you received the extension letter (June 2018), your legal status was already void and therefore no more authorized for employment. 

 

But their logic is wrong. 

 

Since they sent you in a written letter you should copy it. Depending on your legal literacy you can write a response asking their legal background and you can suggest USCIS manual that their practice is not only correct but also could be potentially discrimination based on USCIS manual and therefore you intend to seek legal due process if adversarial action is to be taken by the employer such as submitting legal complaints to department of Justice. 

 

The chance is they will retreat since the law clearly states that you are still in lawful permanent status until your I 751 is adjucated. 

 

Therefore if they fire you, it means you can not only get paid for free but also the employer will have to pay fines. 

 

Additionally, since they write this in a written letter, you can even submit expedite request to USCIS for your I 751 case based on economic loss to a person with the written letter, and depending on the outcome your I 751 can be adjucated in a week or two if they accept the emergency of your case. 

 

In either way, your employer will be in big troubles if USCIS accepts your case (since it is clearly economic loss to a person) or USCIS contacts your employer that their action is not only concering to them but also discriminatory so subject to civil penalty with potential wage loss to you.

 

Please consult with legal expert and see what your options are. 

 

 

[Crazy Cat 39,249]

8 hours ago, xillini said:

I understand their concerns. Their logic is that since your card was already expired (May 2018) when you received the extension letter (June 2018), your legal status was already void and therefore no more authorized for employment. 

 

But their logic is wrong. 

 

Since they sent you in a written letter you should copy it. Depending on your legal literacy you can write a response asking their legal background and you can suggest USCIS manual that their practice is not only correct but also could be potentially discrimination based on USCIS manual and therefore you intend to seek legal due process if adversarial action is to be taken by the employer such as submitting legal complaints to department of Justice. 

 

The chance is they will retreat since the law clearly states that you are still in lawful permanent status until your I 751 is adjucated. 

 

Therefore if they fire you, it means you can not only get paid for free but also the employer will have to pay fines. 

 

Additionally, since they write this in a written letter, you can even submit expedite request to USCIS for your I 751 case based on economic loss to a person with the written letter, and depending on the outcome your I 751 can be adjucated in a week or two if they accept the emergency of your case. 

 

In either way, your employer will be in big troubles if USCIS accepts your case (since it is clearly economic loss to a person) or USCIS contacts your employer that their action is not only concering to them but also discriminatory so subject to civil penalty with potential wage loss to you.

 

Please consult with legal expert and see what your options are. 

 

 

I have read that expediting Removal of Conditions is generally not available.   I don't think USCIS will expedite the I-751 due to the inability of the employer to understand the extension letter.  

[xillini 71]

3 hours ago, missileman said:

I have read that expediting Removal of Conditions is generally not available.   I don't think USCIS will expedite the I-751 due to the inability of the employer to understand the extension letter.  

Right I 751 is generally not available for expediate adjucation.

 

So USCIS will respond that OP shouldn't have an issue with employment eligibility and therefore if the employer fires OP based on ineligibile employment, OP will use USCIS's response to strengthen his case at the court that employer discrimiatorly fires OP and therefore OP intends to get compensation not only for wage loss but also for emotional and career potential loss (depending on how the occupation is and emotional distress can be subject but can be a lot)

 

In either way, if USCIS accepts emergency case it will be good for his expedite request to I 751 OR OP will get compensated enough. The chance is, right as you said, it is likely not accepted as an emergency case so he will use USCIS'S response to sue. Why work when employer acts with discrimination and has high chance that the employer will have to pay the price? (Not to mention DOJ often pursue this employer for fines and further education with HR when they hear this too, which OP simply will have to write a letter and submitted to DOJ)

 

And OP's case since they wrote him in a written letter it is much easier to verify the factual material

Edited April 13, 2019 by xillini

[Crazy Cat 39,249]

1 minute ago, xillini said:

Right I 751 is generally not available for expediate adjucation.

 

So USCIS will respond that OP shouldn't have an issue with employment eligibility and therefore if the employer fires OP based on ineligibile employment, OP will use USCIS's response to strengthen his case at the court that employer discrimiatorly fires OP and therefore OP intends to get compensation not only for wage loss but also for emotional and career potential loss (depending on how the occupation is).

 

In either way, if USCIS accepts emergency case it will be good for his expedite request to I 751 OR OP will get compensated enough. The chance is, right as you said, it is likely not accepted as an emergency case so he will use USCIS'S response to sue. Why work when employer acts with discrimination and has high chance that the employer will have to pay the price? (Not to mention DOJ often pursue this employer for fines and further education with HR when they hear this too, which OP simply will have to write a letter and submitted to DOJ)

The employer can fire the OP for almost any reason.....and the case is closed............best solution is for the OP to go to his/her HR office with documentation that the extension letter is valid proof of status....imo.

[Villanelle 4,121]

10 minutes ago, missileman said:

The employer can fire the OP for almost any reason.....and the case is closed............best solution is for the OP to go to his/her HR office with documentation that the extension letter is valid proof of status....imo.

Exactly. And I doubt if an expedite request was sent the response from USCIS would be that detailed. Typically a denied expedite request simply says you dont meet the criteria- its not a multi page letter explaining the laws and why you dont qualify. It seems many people now a days are litigation happy. Any thing that happens and the answer is to sue! 

[xillini 71]

1 hour ago, missileman said:

The employer can fire the OP for almost any reason.....and the case is closed............best solution is for the OP to go to his/her HR office with documentation that the extension letter is valid proof of status....imo.

Yes most employment is at will employment that employer doesn't have to have reason to let OP go. However in this specific case, they already sent a written letter that OP is not eligible for employment authorization due to their HR' error or whatever issues they may have. 

 

So in this specific case OP can seek an legal process to claim that employer had shown an intent to fire him based on immigration status that is even wrongfully concluded. 

 

Without written letter the burden of proof could be tough to prove that employer discriminated but since they already gave a letter it will be much easier to prove. 

 

And to be clear, i suggested OP to write a letter to HR that their conclusion is wrong and IF the employer continue to take adversarial action such as termination of employment he would seek legal process. 

 

Since the part of immigration process always considers a worst cade scenario, it would be advisable that the employer still doesnt understand the immigration laws and regulations, OP has a right to seek for court intervention if adversarial action is taken. 

 

In that sense i would suggest that OP should collect all HR documents such as yearly performance evaluation and any prizes if any so that sudden termination of employment was resulting from the employers malpractice of discrimination and therefore at-will employment clause doesnt kick in, and therefore subject to civil fines as well as compensation for OP's wage loss

[xillini 71]

1 hour ago, username_taken said:

Exactly. And I doubt if an expedite request was sent the response from USCIS would be that detailed. Typically a denied expedite request simply says you dont meet the criteria- its not a multi page letter explaining the laws and why you dont qualify. It seems many people now a days are litigation happy. Any thing that happens and the answer is to sue! 

I completely agree that today's society is happy with sue. While that is true, the issue is some still practice illegal/unlawful interpretation of applicable laws and regulations using gray areas for the best of their interests. So the law allows an individual to seek the best compromise, not necessarily for the one party, but also for the best interests of everyone involved in this gray area. 

 

And to be frankly, if an employer decides to let OP go for this issue, they can practically let him go, but if OP doesn't respond it back and make it big fuss, this employer will still continue to practice this unlawful interpretation and seeks the best interests for the employer only. 

If OP thinks it is just his best interest to look for another employer (people don't avoid poop just because it is scary, but, more likely, they avoid poop because it is dirty, and it is just not worth it), then it is completely fine, but on the mean time, someone else in the future will have the same issue, and therefore lose his/her interests. 

 

OP's best interest may not align with public's interest, but I believe it at least worth letting the court judge what is right and what is wrong, by which way someone in the future can benefit from it and employers will also avoid unintentional malpractice of immigration laws, by which everyone will be better perfect since no body is perfect. 

 

Of course, this is all dependent on if the employer does not accept the valid extension letter and accept him as a lawful permanent resident. 

[treppenwitz 78]

OP can contact the DOJ's Immigrant and Employee Rights Section: https://www.justice.gov/crt/immigrant-and-employee-rights-section

[Villanelle 4,121]

@xillini Im not saying everything you posted is incorrect but rather what you posted is extreme OVERKILL. The OP needs practical advice- and its really very basic. They just need to contact the HR department. Many many people have issues with their extension letters everywhere from work to DMV to banks. Its not a big deal. For work issues you just show the correct person in HR the 'official' links from USCIS explaining it. There is no reason to threaten legal action. 

 

As an employer if I had an employee threatening a legal suit right off the bat, well I may be inclined to let the employee go for other reasons after this situation is resolved. No one wants to be involved with those who are so quick to sue for any reason. 

 

Also if you read the OP post carefully they filed for ROC in 5/18. Extensions use to be for 1 year, so their one year is going to be up soon and its most likely the company has not updated its system to show the new extension letters are for 18 months and not 12. Seems to be a computer issue and all they have to do is talk to an actual person at HR to resolve this. 

[piano 24]

19 hours ago, Michael_88 said:

 I received a letter from my employer a few days ago stating that my "Green Card and extension letter are not valid to extend my employment"

If you can't get anyone in HR to listen to you, make an infopass and take the letter with you. Explain the situation and ask for a i-551stamp in your passport. That should satisfy them.

[greg&dawn 2]

On 4/12/2019 at 10:19 PM, Michael_88 said:

Hi Visa Journey!

 

So long story short  my Conditional Green card expired back in 05/22/18. I sent out form I-751 before my Green card  expired and was given an extension letter  valid for 18 months from the expiration of my Green Card. I received a letter from my employer a few days ago stating that my "Green Card and extension letter are not valid to extend my employment". Correct me if I'm wrong but if my extension letter was issued on 06/11/18 and my Green card that expired  became void on 05/22/18  wouldn't I technically have between now and  until 11/22/2019  to work and travel legally? Especially seeing how the government issued my extension letter for 18 months? I'm really confused and stressed at the moment. I also received this notice below when I went to check the status my application? Should I be alarmed? Answers would be great thanks!

 

 

 

"On March 19, 2019, we transferred your Form I-751, Petition to Remove Conditions on Residence, Receipt Number XXXXXXXX, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. If you do not receive your notice by April 18, 2019, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

Just a note of encouragement....our timeline looks similar to yours and we received the extension letters and the transfer letter. Today, we just received our approval for lifting of conditions with no interview needed.  So, fingers crossed, you approval will come soon.