Lapse in employment authorization?
 

I just recently filed my petition to have my "condition " removed from my permanent resident status (marriage <3yrs). I know they got the application before my green card expired, as i overnighted it to vermont. Now i've got a job interview lined up with really good prospects, and im not sure what my situation is...immigration says they'll respond within a month, which doesnt really help with job seeking right now. Does this mean there's a lapse from when my conditional green card expired (2yr) and when they decide to send my 10yr green card. Or...as im hoping...that i have continued employment authorization, for that month. I wasnt late with any of the paperwork, everything was there on time. Anyone out there help me with this???

Re: Lapse in employment authorization?
 

Your residency status has not expired; only the physical proof of it has. You will be receiving a notice of action in the near future. If your prospective employer hires you and wants to see proof you can always go to the district office for another I-551 stamp in your passport.

However, your employer should not be asking for it because you should have a social security card without the work authorized needed legend on it. That and your driver's license should complete the requirements for the I-9.

Rete

Re: Lapse in employment authorization?
 

dagntate wrote:

    > I just recently filed my petition to have my "condition " removed from
    > my permanent resident status (marriage <3yrs). I know they got the
    > application before my green card expired, as i overnighted it to
    > vermont. Now i've got a job interview lined up with really good
    > prospects, and im not sure what my situation is...immigration says
    > they'll respond within a month, which doesnt really help with job
    > seeking right now. Does this mean there's a lapse from when my
    > conditional green card expired (2yr) and when they decide to send my
    > 10yr green card. Or...as im hoping...that i have continued employment
    > authorization, for that month. I wasnt late with any of the paperwork,
    > everything was there on time. Anyone out there help me with this??

Did you apply for an unrestricted SSN card? If you have an unrestricted
SSN card and a driver's license, you are good to apply for a job. Within
a week or two after receiving your I-751 packet you should receive a
letter extending your status for another year. I suggest you take that
letter to get an I-551 stamp in your passport and then go apply for an
unrestricted SSN card if you don't have one.

Depending on which Service Center is processing your I-751 your 2 year
I-551 card could be expired quite a while before you are approved for the
10 year card.

Check the current processing date for your Service Center to get an idea
of how long you may be waiting:

https://egov.immigration.gov/cris/js...d=aEwGcEt8bB7d

Re: Lapse in employment authorization?
 

When I read this, it made me wonder, "IS it enough??"

I mean, I know legally it should be enough, but if someone has an accent and/or "looks foreign" (for lack of a better term), could the potential employer legally ask for more? Like a green card or naturalization certificate? Could they turn that person away if all they offer is a SSN and drivers license?

Just curious...

~ Jenney

Re: Lapse in employment authorization?
 

Look at the instructions on the I-9 form, which is what employers are
required to fill out for every new employee, US citizens and non-citizens.

http://uscis.gov/graphics/formsfee/forms/i-9.htm

It specifically says that "Employers CANNOT specify which document(s) they
will accept from an employee". It also says that it is illegal to
discriminate against any individual because of that individual's national
origin or citizenship status.

- Eric S.


"Jenney & Mark" <member2595@british_expats.com> wrote in message
news:[email protected] m...
    > When I read this, it made me wonder, "IS it enough??"
    > I mean, I know legally it should be enough, but if someone has an accent
    > and/or "looks foreign" (for lack of a better term), could the potential
    > employer legally ask for more? Like a green card or naturalization
    > certificate? Could they turn that person away if all they offer is a SSN
    > and drivers license?
    > Just curious...
    > ~ Jenney
    > --
    > Posted via http://britishexpats.com

Re: Lapse in employment authorization?
 

Good questions. I'd have to say that if an employer did ask for more, even though they have been given the SSN (assume it has no restrictions) and a driver's license, that this could be discriminatory. They do not need to know your legal status in order to hire you - all they need to know is that you are legal to work - as shown by an unrestricted SSN card.

All I've ever needed when starting a new job was my SSN card and a photo id. If I was an immgrant and I was asked for more, I'd tell them that this is all you need to fulfill the I-9 form, anything more is none of your concern. If they then tell you that it is a condition of employment, I'd tell 'em they were full of it and walk away from the job. But then, I'm stubborn and feel that there is some info that an employer need not know. Most of our spouses would probably just show the additional info, whereas I would tell 'em to take their job and you-know-what. :D

Re: Lapse in employment authorization?
 

sunflwrgrl13 wrote:

    > Good questions. I'd have to say that if an employer did ask for more,
    > even though they have been given the SSN (assume it has no
    > restrictions) and a driver's license, that this could be
    > discriminatory. They do not need to know your legal status in order to
    > hire you - all they need to know is that you are legal to work - as
    > shown by an unrestricted SSN card.
    > All I've ever needed when starting a new job was my SSN card and a
    > photo id. If I was an immgrant and I was asked for more, I'd tell them
    > that this is all you need to fulfill the I-9 form, anything more is
    > none of your concern. If they then tell you that it is a condition of
    > employment, I'd tell 'em they were full of it and walk away from the
    > job. But then, I'm stubborn and feel that there is some info that an
    > employer need not know. Most of our spouses would probably just show
    > the additional info, whereas I would tell 'em to take their job and
    > you-know-what. :

If you have questions or concerns about unfair practices by your employer
that may be related to your national origin or citizenship status, you may
call the Office of the Special Council for Immigration-Related Unfair
Employment Practices toll free at 1-800-255-7688 or 1-800-237-2515 (TDD
for the hearing impaired). Within the Washington, D.C. metropolitan area,
call (202) 616-5594.