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Denied a job because of Temp Green Card

Gerindo, I'm sorry this happen to you. If you really like the job go back there and explain to them, but if not, then let it go. Maybe this is not the "right" job for you. I wouldn't want to work for someone that is so ignorant to begin with anyway. I don't see the point of suing, in fact I find it amusing that so many ppl suggested this to you.
 
Sorry to hear that happened Gerindo. Nothing that bad happened to me yet but I find it impossible to explain to them that the I-551 is as good as they physical card. They see the expiration date and are convinced your "visa" is valid until only then.

I've had a lot of trouble with banks etc. since I got here because of it.

When did you receive your welcome letter? I never got one yet, I got here just under a week after you. Got my social security card yesterday!
 
Since most of you really wnat her to sue, how about hiring a lawyer for her and when sh ever wins the case, then she will pay you guys back the expenses.....
Do you really think fighting a co-operation is that easy??.. You have to build your alies first,...therefore If none of you is willing to step in and do this for her, then by all means STOP telling her to SUE.
From my understanding she already said she does not want to sue.
SOMETIMES IT'S BEST TO LET SOMETHINGS GO AND JUST LEARN FROM IT.
 
kingweasel said:
Sorry to hear that happened Gerindo. Nothing that bad happened to me yet but I find it impossible to explain to them that the I-551 is as good as they physical card. They see the expiration date and are convinced your "visa" is valid until only then.

I've had a lot of trouble with banks etc. since I got here because of it.

When did you receive your welcome letter? I never got one yet, I got here just under a week after you. Got my social security card yesterday!
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Hi..

This is so true.I have a prior account with Bank of America and wanted to change the residency status in it, but they wouldn't accept the tempraroy stamp. :mad:

And I tried opening a new account with another bank, same story.
 
godisgoodtome said:
Since most of you really wnat her to sue, how about hiring a lawyer for her and when sh ever wins the case, then she will pay you guys back the expenses.....
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Google "contingency fees". This is an open and shut case, especially if the OP can get it in writing

Do you really think fighting a co-operation is that easy??.. You have to build your alies first,...therefore If none of you is willing to step in and do this for her, then by all means STOP telling her to SUE.
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You don't need allies. Either you have a case or you do not.

From my understanding she already said she does not want to sue.
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Her loss.
 
TheRealCanadian said:
Google "contingency fees". This is an open and shut case, especially if the OP can get it in writing



You don't need allies. Either you have a case or you do not.



Her loss.
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I agree, but she says she does not want to sue, and people are pushing her to... that is what I do not understand. If she really wanted to sue, she would have ask for directions on how to SUE.
I guess she just wanted to share her experience.
Yes her loss today might make here a fortune tomorrow.
Just my token.
 
And just a reminder, every Employer has their own hiring practices, No temporary workers means No temporary workers, and yes technically conditional GC makes one a temporary worker. If your card is denied, then you will be let go. Not trying to approve of what the did to her in anyway, but we have to understand that an employer has rights here also.
IF it was all fare and square, "WHY WOULDN'T FEDERAL JOBS HIRE IMMIGRANTS" Or even state jobs with intelligence/security clearances.
But I would just advice people looking for jobs to LEAVE their passports at home. all you need is your DL, SSC and GC.
It makes the whole process less complicated for thoes employers that do not understand immigration laws.
 
buwalagos said:
Hi..

This is so true.I have a prior account with Bank of America and wanted to change the residency status in it, but they wouldn't accept the tempraroy stamp. :mad:

And I tried opening a new account with another bank, same story.
Click to expand...


Why don't you try presenting just a DL and SSC to a bank. Why passport and GC? When you volunteer information, you open up a whole new case for them. If they ask you them that is different, From my understanding all most banks want is, 2 FORMS OF ID and SSC, and being a residence of that state, and you are good to go.
 
Gerindo, You don't need to get worked up because of this sad experience, you will receive the proper Green card in a matter of days then you are good to go and if you like you can return to the office and show that the real thing. if you are destined to work there then they'll still give you the job one way or the other.
Please, be patient, you don't need to start your American experience by suing anybody for now. I guess, there's plenty time for that once one is fully settled.
The good news is that you were offered a job in the first place so soon after you arrived here given the present economic recession prevailing all over the world
 
SB2008 said:
Gerindo, You don't need to get worked up because of this sad experience, you will receive the proper Green card in a matter of days then you are good to go and if you like you can return to the office and show that the real thing. if you are destined to work there then they'll still give you the job one way or the other.
Please, be patient, you don't need to start your American experience by suing anybody for now. I guess, there's plenty time for that once one is fully settled.
The good news is that you were offered a job in the first place so soon after you arrived here given the present economic recession prevailing all over the world
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Thank you SB2008. Great advice.
 
I know Gerindo said she does not want to sue, so with that in mind, I want to set the record straight.

What she experienced was "Immigration Status Discrimination" and "Unfair Documentary Practices." The proper government agency to report such violation is the "Office of Special Counsel for Immigration-Related Unfair Employment Practices." This office is part of the Department of Justice, not the Department of Labor. Here are the links, for what it's worth. There is a hotline number listed also.

http://www.usdoj.gov/crt/osc/htm/aboutosc.htm
http://www.usdoj.gov/crt/osc/htm/Webtypes2005.htm


godisgoodtome, while I agree with you that employers have some rights, the right to discriminate is not one of them. The decision not to hire based on the I-551 stamp is a Civil Rights violation or at the least create a rebuttable presumption of discrimination. It is NOT up to the employer to determine the future immigration status of the applicant. If, as you said, the GC is denied, then the employer can fire her at that time as she is not longer eligible to work in the US. But to make that determination of future eligibility in advance is clearly immigration status discrimination. The temp work argument is irrelevant because no one can predict if Gerindo will in fact have her GC denied.
 
TheRealCanadian said:
Gerindo already is a permanent resident, just doesn't have the physical card.
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All the better because that's LESS of a legitimate reason for the job denial and more evidence along the line of Document Practice Abuse. I only wrote the last sentence in response to godigoodtome's reasoning that somehow, the fact that the company does not hire temp changes the issue. It doesn't.
 
Sure there is a great case here no doubt, but the co-operation can create a greater case as in...
"the job description was a tenure job, so reallizing that we can not determine her future status makes it difficult to hire her at this point, we rather hire someone that is guaranteed"......
This is just an example and it can go on and on...........
The point is that, they employer refused to hire her based on her staus, and she has weighed her options and realize THAT IT IS NOT WORTH THE FIGHT.
That I think we should all respect, and pray that she finds EVEN A BETTER JOB.
 
A permanent resident only needs an original unrestricted Social Security Card AND a driver's license to prove employment eligibility. Showing a Green card is not a requirement.
 
godisgoodtome said:
Sure there is a great case here no doubt, but the co-operation can create a greater case as in...
"the job description was a tenure job, so reallizing that we can not determine her future status makes it difficult to hire her at this point, we rather hire someone that is guaranteed"......
This is just an example and it can go on and on...........
Click to expand...

I would invite you to read the 9th Circuit case, Tovar v. United States Postal Serv., 3 F.3d 1271. In this case, the employer was the US Postal Service. The Court, in holding for USPS's action of not hiring a temporary immigrant because of a Postal Regulation prohibiting hiring temp said:

"The effect of § 1324b(a)(2)(A) and § 1324b(a)(2)(C) is to apply the anti-discrimination provision of IRCA rigidly to all private employers virtually without exception, but to apply it only to those public employers who have not adopted contravening regulations."

So if the employer is a private corporation, your argument falls apart. So the answer is NO, the corporation does NOT have a "greater" case.

godisgoodtome said:
The point is that, they employer refused to hire her based on her staus, and she has weighed her options and realize THAT IT IS NOT WORTH THE FIGHT.
That I think we should all respect, and pray that she finds EVEN A BETTER JOB.
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I certainly respect that, and in no way am I asking her to commence an action. I wish her the best of luck in finding a better job as well. My posts are for informational purpose only, I am not a lawyer, so use it at your own risk. Like I said, I just wanted to set the record straight, for what it's worth.
 
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Thank you Gerindo for opening this tread. Arriving to US soon and, thanks to you and ppl who replied, I will be prepared against such discrimination.

Will definitely have on my interview the m-274 "Instructions for Completing Form I-9(Employment Eligibility Verification Form)" printed. Taken from: ww.uscis.gov/files/nativedocuments/m-274.pdf

It is incredible that you were denied that job while the very first sentence of form I-9 (Employment Eligibility Verification) written in bold says:
"ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOTspecify which document(s) they will accept from an employee. The refusal to hire an individual because the documents have a future expiration date may also constitute illegal discrimination."

Thanks again for sharing your experiences with us. Good luck Gerindo!
 
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