Olly_

Your employer doesn't need to re-verify you if you previously presented them with a permanent resident card, even a 2 year one. From the I-9 guidance:

PetrifiedExPat

Am I alone in being astonished by that??

Wow, thank you for pointing that out.

Olly_

I guess it makes no sense to do anything else - a conditional PR could present an unrestricted SS card and a state drivers license and wouldn't need to be verified again either.

I'm sure virtually every conditional resident successfully removes conditions anyway.

Rete

I knew about it but as you noted, and we have experienced first hand, no employers do not know about USCIS law and unless you are willing to print out the law and give it to your employer and/or the HR department and fight about it with them, it is far easier to just give them a copy of the NOA.

Just as we tell people to have the legend on the social security card removed once you become a PR ... conditional or not. But that if you want to look deeply into doesn't mean that you don't need to show your proof of being able to work under the USCIS law. If your petition to removed conditions is denied and you are left with no right to live and work in the US, with a social security card without the legend and a driver's license, you can still work, as the employer takes the documents at face value. It is only now that the USCIS will contact SSO and advise them that you are no longer eligible to work. So in today's electronic world, you can be caught out. But up until recently, you could have lived and worked in the US and no one would be the wiser that you are doing so illegally. That is way after 1996 (I believe that was the year) they started putting the legend on the SS card.

S Folinsky

Wow. The employer sanctions/discrimination regime has been in place for over 30 years at this point. No way the school district would have been exposed to any sanction. That said, the discrimination provisions have never really been enforced. I have to wonder what the motivation was to require unnecessary re-certification of employment authorization. An expired permanent resident card is definitely not on the list.

Although it is a clear violation of law, I guess it is within the rubric of "no harm, no foul" to just produce the new authorization.

tom169

The I-9 is pretty clear that the employer cannot dictate which documents to see.

Rete

That's how we saw it. It wasn't a problem and far easier than fighting it out with them. You pick your battles in life and hubby decided not to battle.

PetrifiedExPat

Thank you for all the replies, can I run a scenario by you guys...

2018: Apply to remove conditions, allowing me to work for 1 more year whilst they adjudicate.

2019: Adjudication not yet complete, I apply for citizenship. Here is the question, if i am still waiting on the removal of conditions decision, and the 1 year extension to work during this period expires, and I have already applied for citizenship... can I still work legally?

EDIT: I feel this is a good highlight of my naivety of the process, your help is invaluable on here..

Thank you,

H

Rete

No it is not that it allows you to work. You are allowed to work until your green card is rescinded or you give it up. It is only your physical proof that your green card status is still in effect.

You are able to work until either one of the things I wrote above takes place. If you still want paper proof of your PR status, make an infopass appointment and get another I-551 stamp in your passport or ask for it at the biometrics for your naturalization.

Noorah101

You are allowed to work legally the entire time you are a PR. It has nothing to do with extension letters or green cards. You remain a US PR until you either become a USC, you formally abandon your PR status, or an Immigration judge deems you are no longer a PR.

Rene

S Folinsky

I learned yesterday that the Los Angeles Field Office confiscates the expired I-551 cards in order to have the passports endorsed with an extension stamp. It is claimed to be national policy.