GC extended and have stamp on passport

[rwilson3 2]

Hello everyone, I'm helping a friend and badly needed your help too. She's just waiting for the interview for removal of conditional residency. Her green card extension letter ( 18months extension) expired last month. She was able to get an info pass and got a stamp on her passport. So the problem is, her employer wants her to produce another extension letter. The company doesn't accept that stamp on her passport. My friend called the USCIS and said that they will not issue another extension letter.  Has anyone had similar case? She really needed that job, she was not fired to her job but can't report to work until she produce that extension letter or the Green card. Thanks in advance.

[arken 4,197]

Uscis will not provide another extension for sure. The i-551 stamp on the passport serves as an evidence of identity and employment authorization. Tell her to show the i9 documents list table to her employer. I9 instructions says the employer must accept what she presents as long as they are valid which her i-551 stamp on the passport is. She just has to print the i9 instructions and show those sections and press a bit harder.

 

 

Edited October 5, 2021 by arken

[mindthegap 2,590]

Her HR needs to google I-9, specifically the instructions, and be aware they are breaking the law. 

Specifically, the very first paragraphs on the top of the instructions here: 

https://www.uscis.gov/sites/default/files/document/forms/i-9instr.pdf

 

https://www.uscis.gov/i-9

 

The Employer DOES NOT GET TO CHOOSE what documents the employee provides. This is clearly stated. 

 

It is not on. 

 

 

A valid state ID/license, plus an unendorsed SS card (as in, one that doesn't say 'not valid for employment' that many have obtained during a K-1 process and haven't replaced since becoming permanent residents) will fulfill ALL of the I-9 requirements, as does the I-551 stamp which is a stamp version of a permanent resident card and unequivocally proves permanent resident status. 

 

 

 

 

 

 

Edited October 5, 2021 by mindthegap
typo

[rwilson3 2]

33 minutes ago, arken said:

Uscis will not provide another extension for sure. The i-551 stamp on the passport serves as an evidence of identity and employment authorization. Tell her to show the i9 documents list table to her employer. I9 instructions says the employer must accept what she presents as long as they are valid which her i-551 stamp on the passport is. She just has to print the i9 instructions and show those sections and press a bit harder.

 

 

Thank You so much. We will do that. I appreciate your response.

30 minutes ago, mindthegap said:

Her HR needs to google I-9, specifically the instructions, and be aware they are breaking the law. 

Specifically, the very first paragraphs on the top of the instructions here: 

https://www.uscis.gov/sites/default/files/document/forms/i-9instr.pdf

 

https://www.uscis.gov/i-9

 

The Employer DOES NOT GET TO CHOOSE what documents the employee provides. This is clearly stated. 

 

It is not on. 

 

 

A valid state ID/license, plus an unendorsed SS card (as in, one that doesn't say 'not valid for employment' that many have obtained during a K-1 process and haven't replaced since becoming permanent residents) will fulfill ALL of the I-9 requirements, as does the I-551 stamp which is a stamp version of a permanent resident card and unequivocally proves permanent resident status. 

 

 

 

 

 

 

Thank You so much. We will do that. I appreciate your response.

[Adventine 3,201]

In case your friend isn't doing so already, she should also document ALL interactions with her HR about this issue, past and present. Tell her to save written records (emails, short summaries of phone calls or personal conversations) somewhere safe and outside company servers.

 

If some ignorant HR person decides to make trouble for her, she could potentially have a case to file with the Department of Justice (Immigrant and Employee Rights Section):

 

https://www.justice.gov/crt/immigrant-and-employee-rights-section

 

The Immigrant and Employee Rights Section (IER), enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b. Regulations for this law are found at 28 C.F.R. Part 44.

This federal law prohibits: 1) citizenship status discrimination in hiring, firing, or recruitment or referral for a fee, 2) national origin discrimination in hiring, firing, or recruitment or referral for a fee, 3) unfair documentary practices during the employment eligibility verification, Form I-9 and E-Verify, and 4) retaliation or intimidation.

If you feel you have suffered one of these forms of discrimination, click here to file a charge or call our Worker Hotline: 1-800-255-7688.

If you are an employer with questions about the anti-discrimination provision of the INA, call our Employer Hotline: 1-800-255-8155.

[rwilson3 2]

Just an update,...after my friend showed and submitted the I-9 form as all you have suggested/mentioned, she got her job back the next day. Thank you all! you are awesome!