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Denied a job because of Temp Green Card

G

Gerindo

Registered Users (C)
Here is a story that I would like to share to those who's holding an immigrant visa/stamp and to those who will recieve it in the future.

I applied for a job a week ago. I finally got the interview and got hired for the job. But, there was a problem when they asked for evidence of work permit/legal status.

When I was brought to the office where they need to fill in for my job paperwork, the lady who is doing them asked me if I can show proof legal status/work permit. I showed her my passport that has the DV Immigrant visa on it with the POE Stamp on it. For those who have never seen a DV visa, on the bottom of the visa states "Upon endorsement serves as temporary I-551 evidencing permanent resident for 1 year."

When the lady saw the passport, she said that this is a temporary work permit that only allows me to work for 1 year, and they don't hire temporary workers. I tried to explain to her that the visa is a temporary green card until Immigration mail in the actual card in 2-3 months. I even showed her the welcome letter to give her an idea that I'm actually a Legal Permanent Resident and not a temporary worker.

She then went to her manager to show my passport and ask about it. When She came back, she told me that her manager even told her that the visa is a temporary work permit and not a green card. I tried to give her more explanation about my status and even told her to contact the Immigration Office is She need more proof that I'm a Legal Resident, but She got more aggravated because She doesn't want to take the risk of hiring me when I can't show her the actual green card. She then told me that they can't hire me because I'm lacking the paperwork.

I left the office and very very pissed off. I understand that almost 99% of Americans have never seen an DV Immigrant visa before, but this is ridiculous. She should know that there is no such thing as a Temporary Permanent Resident. The card/visa is only a proof of status and doesn't show how long until the Permanent Resident expired (Permanent Resident status never expired, but the card does). She denied my rights to work in the U.S as a Legal Permanent Resident. I could sue the place if I want to, but I'm too angry and it is not worth the effort. :mad:
 
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If I were you I would sue them on the basis of discrimination contrary to the instruction on I-9 form.
 
Gerindo,

Have you check out the I-9 form (Employment Eligibility Verification)?
You can get it from here www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf

It says on the page 5 that one of the acceptable document is:

3. Foreign passport that contains a
temporary I-551 stamp or temporary
I-551 printed notation on a machine-
readable immigrant visa

Hope it helps.
 
I just read the I-9 form. I didn't know it actually state about the I-551 temporary notation on the I-9. That shows that I can work legally in the U.S. But, how am I suppose to proof to them that the I-551 notation on the visa does not meant temporary permanent resident?

The problem was that they thought I'm a Resident with only 1 year work permit because the notation on the visa says that it is valid only for 1 year
 
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Actually, USCIS just revised the I-9 form on April 3, 2009. So, chances are most company doesn't know about it yet. You can show the new form to them and explain again.

For reference:
http://www.uscis.gov/portal/site/us...nnel=55b2aca797e63110VgnVCM1000004718190aRCRD

It mentioned that:

Q: What is the difference between the revised Form I-9 and the old one?

A: The biggest difference in the revised Form I-9 is that all documents presented during the verification process must be unexpired. Other than several technical updates, the following documents have been added or removed:

Two documents have been added to List A (Documents that Establish Both Identity and Employment Authorization) on the List of Acceptable Documents:

* A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp; and

[truncated]
 
Thanks for the insights. As much as it bothers me that I didn't get the job, I just have to let it go. After the bitter argument that I had with the HR lady, I don't think I want to go back to that place. Pursuing a law suit by hiring lawyer takes too much time and effort, it is just not worth it.

I just hope this thing doesn't happen to any of you.
 
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Gerindo said:
Thanks for the insights. As much as it bothers me that I didn't get the job, I just have to let it go. After the bitter argument that I had with the HR lady, I don't think I want to go back to that place. Pursuing a law suit by hiring lawyer takes too much time and effort, it is just not worth it.

I just hope this thing doesn't happen to any of you.
Click to expand...

You are a fool if you let this go. You have the required documentation to work in the USA. They had no right to tell you otherwise. I would have kicked up one hell of a stink if that had happened to me. These people should not be working in HR if they don't understand a temp I-551. Sue them, they won't make that mistake again. :)
 
alemitmee said:
You are a fool if you let this go.. :)
Click to expand...

Iwould be happy if you had used a better word than fool. let us promote sanity please!

CN:#2009AF00014XXX
NL recieved 18th April
Letter posted to KCC 5th May
sent mail to KCC in July 10
KCC comfirmed reciept of form July 11
Current in December
Police Cert completed
KCC confirm interview for 19/12/08
2ND LETTER RECIEVED 14/11/08
Interview reschedulled to 23/2/09
successful fisrt interview 23/2/09
medicals completed
second interview 16/04/09
Prov. 21:31 Horses are made ready for battle but vitory is in the hands of
 
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Gerindo -I am so sad this incident happened to you. I would be pissed as you or more if I were in that place. Truely, I really understand how you feel now. Most American I know are too much confident in the things they know and not open their mind or listen to anyone who knows more, especially from the ones who are not so called American. When I was an intl. student, I met a lot of these ignorant people and was sick of making argument as I were not any part of citizen or residency yet. I was just a visitor, a tourist, or a temporary student. All I did was just to let annoying things go. But if I am a resident, it would be another story. I don't know what I would do. Maybe making more argument to make me win the case.

However, above of all I might consider if the thing is worth to be an issue for my own sake. But if it is not worth at all, I would just forget it because thinking too much about this will never give me any willing power to pursue my ordinary life as happy as I want it to be. Just look at the bright side, luck also comes with bad luck. Your luck is winning a DV and got a green card. That is the big luck. this incident is so called a bad luck but it is kinda small compared to the big luck you got so far. You can look for another job or any because you have the whole right to stay legally in the U.S for your life.

I hope this can help more or less

By the way, it is just my curiocity. Out of this topic discussion but maybe helpful to others . For anyone who know a lot about self-protected lawful organization, maybe just in case. assuming in the incident we are really in bad need of a lawyer from being treated unfair or being ripped off, can anyone give us an idea where to go for? I never contact the lawyer before and also heard it costs very expensive. Do you know any not-for-profit lawyer or any organization that can protect us?
 
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Gerindo,

I agree with your decision.
Suing them will not get you big money anyway,
and it will distract you from the more important priorities right now,
that is looking for other place that want to hire you.

So, I agree with you and will just let this go.
But next time, you might want to prepare more document, so if this debate happen again in the next place, you are more prepared to convinced them.

Plus, a world is a small place, and if the other company some how know that you had sue your previous or prospective employee (if they do a background check) for a small misunderstanding like this one, then your chance of getting interviewed is smaller...

Good Luck for your next interview ! :)
Best regards,
purity
 
SUE THEM !!!! by all means sue them for every cent they have -live your American dream by old fahion -sue someone for lots of money!!!!! and get rich :cool:
 
LOl.... Guys please!!!!!!!
This a America and an Alien is likelly to be discriminated upon at any point in time. Now is that a good thing off course not? Should you sue, well depends on your resources, cases like this have a way of lingering and it might be sucessful or get you in huge debt at the end. So do not sue if you do not want to, only you know what you are capable of at this moment, so follow your heart.

In addition, I have adviced folks with the issue of Bosses reading too much into your passport, most times they really do not have a clue, SO my advice is;

1. Obtain an ID or drivers license form the state of your residence.
2. when ask for documentation and prove, show your drivers license/ID and your grencard, either temporary or permanent with your SSC
3. Be sure to have your social security updated, making sure there is no restriction e.g like the ones they give to non-immigrants.
present only thoese 3 documents, this eliminates the possibilty of some DUMB bosses reading to much into your status. SO LEAVE YOUR PASSPORT AT HOME.

If you have another job interview, try this and see how that works for you.
Good luck .
 
I just found some examples on the internet -it could fetch you as much as 2-3 years projected net income -which could be around 60-70 000 dollars at least which court can award (probably more)-check on line experinace of people who lost jobs or job offers the way you just did ;HIRE A LAWYER ASAP -he/she would have field day out of this -I won't be surprised if you get more than 100 000 dollars settlement-lawyer might accpt to represent you and charge fixed fee based on percentage of the settlemnt awarded and to collect his fees only when the case is won -It's straight case of discrimination so it wont take long to resolve it -probably they would offerer you settlement beforehand -if your ethnicity is other then caucasian you will probably tear them a new one
 
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bmx88 said:
SUE THEM !!!! by all means sue them for every cent they have -live your American dream by old fahion -sue someone for lots of money!!!!! and get rich :cool:
Click to expand...

Relax, I know how we feel about this yes, "EYE FOR AN EYE"
But ther are other factors here, resources, time, manpower not to talk about opening up your entire life and household for investigation by the defendants lawyers, just to find something to make you look like a liar. Yes count it as one of your experiences in "LIVING IN AMERICA". ... Who knows ones stroy might make the best seller in the future, now then you will be rewarded.....
Chaooooo.
 
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