ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionPotential Employer Refused NOA1
Yes he has a state issued valid drivers license and an unrestricted SS card. They have all of that. They just don't know what they are doing. But they are going to get educated because I will not back down.

My husband is going to call today and I have the pages from the I-9 packet about document discrimination. In reading that we felt that three of the four things mentioned applied to this situation. I am going to highlight them and give them a copy.

I'm hopeful that this will straighten them out once and for all. But if not Kezzie I will be more than happy to join you on the picket line!
katand7FemaleAustralia2008-02-29 06:09:00
Removing Conditions on Residency General DiscussionPotential Employer Refused NOA1
Current Status: Case received and pending.

On November 15, 2007, we received this CRI89 PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

This is all it says. And refers to the letter that they already sent us - ie NOA1. They already have this information, although on the NOA1 it more detailed.

I'm not backing down from this though. Even if no job materializes they are going to learn the right way to do things even if it kills me!!!!!
katand7FemaleAustralia2008-02-28 18:38:00
Removing Conditions on Residency General DiscussionPotential Employer Refused NOA1
QUOTE (zyggy @ Feb 28 2008, 03:43 PM) <{POST_SNAPBACK}>
ALso.. you can't call... your husband has to call since it was him who was discriminated against.



Thanks so much. I printed off a couple of key pages and I will have my husband call. I already talked to him and since he is at work right now, and so am I, we will discuss our plan of action tonight and proceed tomorrow.

I definitely think the whole "document abuse" section applies here. He has a valid state issued drivers license and social security card. He provided those.

Even if my husband doesn't get the job there, and why would he even want it if he has to work with these types of idiots, I'm still going to pursue this because I sure don't want anyone else to have to go through this. Online forms and questionnaires, two in person interviews, and a physical exam and drug screening - all for what?! It sure was never a secret where he was from and he already is employed here in the states by other companies. DUH!

Why should they even care as long as they don't knowingly hire an illegal. All the documents my hubby has presented say he is legal. If it later turned out they weren't legit or whatever, that would be on him, not them.

Kathleen
katand7FemaleAustralia2008-02-28 15:55:00
Removing Conditions on Residency General DiscussionPotential Employer Refused NOA1
QUOTE (Spiderette @ Feb 28 2008, 03:39 PM) <{POST_SNAPBACK}>
QUOTE (katand7 @ Feb 28 2008, 03:47 PM) <{POST_SNAPBACK}>
I'm at work right now. If anyone has their NOA1 could you possibly type in what it says in the body of the letter. I am really curious what they are reading and interpreting in this way.

Thanks again,
Kathleen


Upon receipt of your ASC appointment notice, you can find the status of your case online at www.uscis.gov. To view the status of your case, enter the application number found at the top of the ASC appointment notice. Note: the I751 form type will be listed as "CRI89" under the application type in our case status on-line tool.



Thank you SO MUCH for quoting this for me!!!

My understanding is that this is only if we get an interview appointment that any status will be online. I tried explaining that an appointment in this type of case is rare and we can't access anything yet (and if we can I'm totally surprised because many threads here have stated otherwise!) If there is a way for me to check status now then I'll do it, although not for these bastards, for my own personal knowledge!!!

Kathleen
katand7FemaleAustralia2008-02-28 15:46:00
Removing Conditions on Residency General DiscussionPotential Employer Refused NOA1
Kezzie:

I did mention the I-9 part that you said and all she said was that they can ask for any documents they want. The I-9 has nothing to do with it. (sorry my rant was so long before I can't believe I left anything out!!!)

And this is a person whose job it is to deal with "human resources" - unbelievable!!!!! (well unfortunately it is not unbelievable, just scary!!)

Kathleen
katand7FemaleAustralia2008-02-28 15:41:00
Removing Conditions on Residency General DiscussionPotential Employer Refused NOA1
Well I called up the human resources department at Sears and spoke with the woman who Gavin had been dealing with. I haven't gotten that infuriated with anyone in a long time. I have never heard so much backpedaling and statement qualifying in my life.

She (of course) blamed the whole thing on the higher ups and said they wanted more proof, such as the "online status" of the case that is mentioned in the bottom part of the NOA1. I tried explaining to her that an NOA1 is a receipt letter that lets you know they have gotten your filing. There is no other case information available. Unfortunately I didn't have NOA1 in front of me, but it must say something down toward the bottom about "online status" and "ASC" because that is all she kept repeating. I kept reiterating that the letter he provided states what form was filed and received and that he eligible to work and travel for one year from the date of the letter. She still did not get it.

She tried to tell me that USCIS now issues a temporary greencard when one is expired and we needed to find out about why he didn't get that. That is when I totally lost it. And then she starts yammering on about J-1s etc. Then she comes out with the statement: "Well this form that they sent you isn't on our list of acceptable forms for proof of employment status and furthermore its just a piece of paper. It isn't on letterhead or anything" -- like I control what paper/logo/whatever the USCIS uses to send out their notices on. I told her that I have a stack of USCIS notices, starting in 2004, and they are all on the same paper, which is watermarked in the middle.

Then she started blaming Gavin. Saying oh he didn't even seem to understand what I was talking about and he wasn't even sure if he had filed what was required. She went on to say that it says on the notice to file additional paperwork, but that additional stuff is just the required evidence that you are told in the instructions to include, such as proof of relationship and all that etc. which we filed with the removal of conditions. She said that maybe her higher ups would need a copy of what we filed and I told her in no uncertain terms that I wasn't giving them 100+ pages of our personal information. (Not to mention that I could throw anything in a pile and give it to them, what would that prove?!) Oh and then she said that since I wasn't on the call she had with Gavin then I couldn't possibly even know what she said - basically insinuating he was lying to me. Grrrrrrrrrrrrrrrrrr

Oh and then she tried to explain to me what "conditional" means. If you could throttle someone through the phone it would have happened then and there.

Finally at the end she said, "Well neither myself or any of the supervisors have ever even seen this form before and it isn't on our list." So I tried to make the point that their lack of understanding of the process isn't my problem and shouldn't be my husband's problem. He is legally employable, as is clearly stated in the NOA1, and for them to deny him employment based on his immigration status is wrong. Then she went off on a tangent saying that they could deny employment to anyone at their discretion for any reason and that they "conditionally" made him an offer on the basis he could prove his status and pass the drug screening and physical (which I know for a fact is not the issue because they had the results back from that already when they brought up the immigration stuff).

So at the end she said she would resubmit the stuff to the higher ups but it probably wouldn't make a difference if we didn't give them a printout of the online status of the case. I told her that if they didn't accept the USCIS document we provided as proof of his legal employability then she hadn't heard the last of me. At which point she said she would call Mr. Jackson whenever she had more information to give him. Which probably means she was going to promptly hang up and write a big NO on his file. He'll get a call in a few days saying they don't have anything available, keep his application on file, blah blah blah.

I'm at work right now. If anyone has their NOA1 could you possibly type in what it says in the body of the letter. I am really curious what they are reading and interpreting in this way.

Thanks again,
Kathleen

Edited by katand7, 28 February 2008 - 02:50 PM.

katand7FemaleAustralia2008-02-28 14:47:00
Removing Conditions on Residency General DiscussionPotential Employer Refused NOA1
My husband and I got married in May of 2005. He got his greencard that same year in October and began working. No problem. He now has two jobs, one at a warehouse and one at the local Best Buy store. Living on Cape Cod year round is tough in the off season because once Christmas is over business tanks and my husband, who usually will work 4-5 nights a week, is lucky to get one night a week. So another store in the mall, Sears, actually approached him and offered him a job in their electronics department. They pay commission and Best Buy doesn't so we thought that maybe this would be a good move. Especially as Best Buy cuts their staff down a couple of times a year and Sears seems to be more consistent with their staffing plans. (This was in December). So Gavin filled out all the online information and went to an interview. About a month or so later he got called for a second interview. At this interview they basically hired him and sent him for a pre-employment drug screening and physical. The next day he calls the human resources manager and she tells him that the papers he gave them showing he is allowed to work (he gave them a copy of his greencard and also a copy of NOA1 and even copy of biometrics) were not enough. Unless he has a "valid" greencard they won't hire him.

I am totally outraged right now. I don't think the NOA1 could state more clearly that it extends his right to work and travel for one year. Date of NOA1 is early November 2007. Does anyone have any ideas of what we can do? He just recently travelled outside the US and has his passport and all to show that he was let back in the country. (Not to mention he's physically here and he wouldn't be had they denied him!) IF they had another reason for not hiring him then whatever. But they actually told him the whole reason was that he can't prove that he can legally work in the US.

I almost want to contact a lawyer because he is being discriminated against. We have done everything appropriately and legally and this is what we get? It sucks.

Not to mention that based on our filing dates and going through VSC I still think we are looking at June or July before he gets his new card.

Any suggestions would be greatly appreciated. If this thread should be posted somewhere else, please tell me. I just didn't know where to go but here.

Thanks,
Kathleen
katand7FemaleAustralia2008-02-28 12:54:00
Removing Conditions on Residency General DiscussionGreen card expired, but have letter of extension for 1 yr
This isn't a new situation. My husband had a similar problem but yours will have a much quicker resolution since green card is already in process. If you have any interest in reading what happened to us you can go to my page and you'll see my posts you can link to. There are plenty of employers out there that don't understand marriage based immigration status and processing. Unfortunately there are equal numbers of people in govt type offices like SSA that don't get it either. Getting the run around anywhere doesn't surprise me anymore.

Good luck with your employment!
katand7FemaleAustralia2008-06-01 21:42:00
Removing Conditions on Residency General DiscussionVSC I-1751 Status List
Green card arrived Saturday the 11th. So all will be quiet on the immigration front here for awhile. Hallelujah!!!
katand7FemaleAustralia2008-10-12 08:40:00
Removing Conditions on Residency General DiscussionVSC I-1751 Status List
Finally you can add our completed date. Hubby got letter from USCIS today saying he is a permanent resident and they are ordering his ten year card. They give date of approval as October 6th.

So eleven months and one day.........
katand7FemaleAustralia2008-10-10 21:49:00
Removing Conditions on Residency General DiscussionVSC I-1751 Status List
Hi Kezzie!

Yep I'm still around. I'm guessing you will get approval soon. Maybe we will by the end of summer. That would be nice. I hope it doesn't go past the year mark for anyone now at VSC.

Hope all is well with you and your hubby. At least we have Spring to look forward to. I'm ready for some warming up!!

Kathleen
katand7FemaleAustralia2008-02-21 12:15:00
Removing Conditions on Residency General DiscussionVSC I-1751 Status List
Ooh ooh please add me too

katand7.........dates shown in signature........except biometrics which happened on 12/15/07

All filing done direct to VSC

Thanks!
Kathleen
katand7FemaleAustralia2008-02-21 10:49:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsTaking a break
You should do what is best for you. Everyone handles things differently. If you feel a break is a good choice for you then go for it. You don't owe anyone any apologies for your feelings.

That being said, I wish you luck and hope that your wait isn't too much longer. I'm years down the road from K-1 now and dealing with a different sort of waiting. Once you reach removal of conditions you can't even check your case status online really.........well you can, but you don't get much!

So hang in there, you will make it! I've been there before and remember when NOA2 came. You'll feel a lot of relief once that happens. The way you are feeling now is temporary, even if it doesn't seem like it.

Best wishes,
Kathleen
katand7FemaleAustralia2008-03-18 12:51:00
K-1 Fiance(e) Visa Process & Procedureswould it help to explain the age difference in the initial application??
I have to side with those who say it is not necessary at this point. Why put any seed in someones head about scrutinizing your ages? I'm sure they can do the math. Just make sure you have all your evidence ready for later. Keep good records of everything you provide. Airline boarding passes, photographs, and the like are better evidence than any chat transcript.
katand7FemaleAustralia2006-10-11 09:54:00