I-9 and conditional permanent resident status extension

[nj5b 2]

Before I begin, I have done some searching around and I haven't found a resolution to our current dilemma which led me to directly posting this.

 

My wife has filed for her removing conditions on the permanent residency. She is legally employed and we have received a NOA which states that her conditional permanent resident status is extended for 24 months from the expiration date on her Form I-551, Permanent Resident Card..........etc, etc. Her job is requesting now, after a year of employment, that she must complete the I-9 form. Our conundrum regarding this is even though we have this NOA, her green card is printed as expired (still good via the NOA) and her SSN has a DHS restriction on it. This prevents us from providing the necessary documents according to the list of acceptable documentation. We have tried to submit the NOA to the HR department but it was unsatisfactory.

 

How would this be alleviated under our current conditions? 

 

Thank you for any help in this matter.

 

-edited for further clarification

Edited May 31, 2022 by nj5b

[Verrou 1,906]

can you go to SSA office to remove the restriction with expired GC + 24 month extension letter?

i was wondering if your wife's office is not familiar with the extension letter? perhaps you can print out the detail from uscis website and gave it to them? 

https://www.uscis.gov/newsroom/alerts/uscis-extends-evidence-of-status-for-conditional-permanent-residents-to-24-months-with-pending-form

[.yana 586]

https://immigration.dinsmore.com/faq/employers/i9_compliance.aspx

• With the sole exception of verifying workers who present temporary I-551 stamps (temporary evidence of lawful employment), employers should NOT reverify the documents of workers who have presented permanent resident cards, even though the permanent resident card lists an expiration date.

[mindthegap 2,550]

Shame you didn’t get that unrestricted SS card, as it’s much easier with that. However, was the 2 year permanent resident card shown still valid/unexpired at the time of originally showing it at the time of initial hire/I-9 verification?

If so, the employer is breaking the law by requesting reverification. They may want to have a good long read of the i-9 form instructions - particularly the section on expiry dates and extension letters on page 11  HERE , and also the detailed instructions for employers : https://www.uscis.gov/book/export/html/59502

 

Absolute worst case if they still insist on being idiots and breaking the law, is to make an infopass appointment for an i-551 stamp. This WILL require reverification upon expiry though and they are typically issued for one year at a time. . 

Edited May 31, 2022 by mindthegap

[jackiegringa 379]

On 5/31/2022 at 4:09 PM, mindthegap said:

Shame you didn’t get that unrestricted SS card, as it’s much easier with that. However, was the 2 year permanent resident card shown still valid/unexpired at the time of originally showing it at the time of initial hire/I-9 verification?

If so, the employer is breaking the law by requesting reverification. They may want to have a good long read of the i-9 form instructions - particularly the section on expiry dates and extension letters on page 11  HERE , and also the detailed instructions for employers : https://www.uscis.gov/book/export/html/59502

 

Absolute worst case if they still insist on being idiots and breaking the law, is to make an infopass appointment for an i-551 stamp. This WILL require reverification upon expiry though and they are typically issued for one year at a time. . 

Hope your employer re read the instructions and didn't give you more trouble @nj5b

 

Currently dealing with this and even though I quoted the I-9 instructions I was still told to update my green card when I got "my new one". Clearly regular people don't know that the transition from conditional to 10 year GC takes years!

 

In my case I got the ADIT stamp and soon an unrestricted SSN but still I'm pushing back on any documentation check for sake of following proper procedure. It's their job!

[OldUser 5,207]

26 minutes ago, jackiegringa said:

Currently dealing with this and even though I quoted the I-9 instructions I was still told to update my green card when I got "my new one". Clearly regular people don't know that the transition from conditional to 10 year GC takes years!

 

In my case I got the ADIT stamp and soon an unrestricted SSN but still I'm pushing back on any documentation check for sake of following proper procedure. It's their job!

Did you quote it in writing or verbally?

Did employer told you in writing or verbally?

[jackiegringa 379]

1 hour ago, OldUser said:

Did you quote it in writing or verbally?

Did employer told you in writing or verbally?

Yes to both. Yes, I am aware is against the law. Monday is going to fun 😄

[OldUser 5,207]

5 minutes ago, jackiegringa said:

Yes to both. Yes, I am aware is against the law. Monday is going to fun 😄

You don't have to be confrontational but be kind and firm. With a friendly smile on your face provide printouts of laws / instructions. Sorry you have to go through this.

[mindthegap 2,550]

45 minutes ago, jackiegringa said:

Yes to both. Yes, I am aware is against the law. Monday is going to fun 😄

Frustrating.

Just print off/email the relevant page, highlight the bit that says it's illegal, highlight the bit that says severe penalties for employers for breach of this, and say no more.

No need to invite further confrontation or escalate it, and it isn't your job to teach them how to do their job.