Green card holders need EAD also?

[aikorob]

Okay folks, I know the answer to this one-----but Nata goes to all the women's forums, and she reports something different.

She cites many anectotal stories of women denied employment because they only had a "temporary" (first) green card.

I have found several links to USCIs informational documents that say conditional green card is all you need for travel and work; as well as the multitude of posts on VJ.


Can anyone provide links to the actual  USCIS laws or directives covering this? Then she can just forward them to her friends on the women's forums.

[Muckraker]

http://www.uscis.gov/files/nativedocuments/m-274.pdf

http://www.uscis.gov/files/form/i-9.pdf

Muck

[Ronnie]

Rob,

Tell your wife if that she has a question about US laws or immigration questions, she needn't ask you.  She need only ask on the RW forums and know that the what is said there will be 180 degrees wrong.  After a while, she'll come to realize that.

In this case I suspect some RW is making up a phoney reason why she isn't working or didn't get hired somewhere and from there the myth grew.

[GoodOlBoy]

-----but Nata goes to all the women's forums, and she reports something different.

Hello Aikorob.

When my Marina first came to America, she would do the same thing (surf RW forums).

She finally stopped taking any advice to heart from there.

Marina says: "Information there is inaccurate" & "Women are crazy".

Your wife will find this out on her own soon enough, trust me.


GOB

[Misha]

When my Marina first came to America, she would do the same thing (surf RW forums).

For some reason, my wife never was interested in the RW forums. Preferred odnoklassniki.

[Ronnie]

I guess to fair, they're enough erroneous tidbits of info proclaimed on this forum that we shouldn't go too hard on the gals.

[groovlstk]

When we interviewed for my wife's 2-year GC two years ago, the case officer asked for and confiscated her EAD card and claimed it was no longer necessary.

[Muckraker]

No this is a legitimate issue, the RW on the forums aren't crazy or stupid.  Plenty of employers don't understand it.  Mostly the issue comes up with respect to an applicant with an expired CPR card (but has the extension letter) or soon-to-be-expired CPR card.  Since the extension letter isn't one of the acceptable documents listed on the I-9, employers often err on the side of caution and reject the applicant. I-9 instructions require all documents to be unexpired. Also note the section of the I-9 regarding reverification, which is another area employers confuse to the detriminent of the applicant.

Anyway, Aikrob, with respect to law pointing to an answer to your question, see this link and relevant text:

http://edocket.access.gpo.gov/cfr_2002/janqtr/pdf/8cfr274a.12.pdf

Subpart B—Employment
Authorization
§ 274a.12 Classes of aliens authorized
to accept employment.
(a) Aliens authorized incident to status.
Pursuant to the statutory or regulatory
reference cited, the following
classes of aliens are authorized to be
employed in the United States without
restrictions as to location or type of
employment as a condition of their admission
or subsequent change to one of
the indicated classes. Any alien who is
within a class of aliens described in
paragraphs (a)(3) through (a)( or
(a)(10) through (a)(15) of this section,
and who seeks to be employed in the
United States, must apply to the Service
for a document evidencing such employment.
(1) An alien who is a lawful permanent
resident (with or without conditions
pursuant to section 216 of the
Act), as evidenced by Form I–551 issued
by the Service. An expiration date on
the Form I–551 reflects only that the
card must be renewed, not that the
bearer’s work authorization has expired;


Regarding the section on the I-9 re: reverificaton, which I said confuses some employers because they don't know the effect of the expiration date on the CPR card. In that case, read page 31, question #18, of the Employers’ Handbook that I posted - note it states "You should not reverify an expired Alien Registration Receipt Card/Permanent Resident Card (Form I-551).”  That section might be helpful to point out for HR departments that have this question.


Anyway, I just wanted to point out that this isn't just bs on RW forums.  You may encounter this problem yourselves someday with your wives...

Muck

[GoodOlBoy]

I would have to disagree.

My wife has been in the GoodOl' USA 4 years and has worked 3 1/2 of them.

Her first job was at a bank...No Problems there.

Her second job, as an accountant...No Problems there either.

Her third job now as Senior Accountant.....Never a problem.

I filed all of her documents on time or ahead of time and she to date has never had a problem working in Miami.

All of the employers here seem to know the laws very clearly.

She has come into my business study and told me some of the things posted on those RW forums and in my opinion you can trust none of it (untrustworthy scuttlebutt)!!


GOB

[aikorob]

BIG THANKS  MUCK!!!
That was exactly what she was looking for. After more talks, more details. Most of the problems reported were from smaller cities; so many employers may be unfamiliar with procedures, like you said.

Groov--exact same thing happened at Nata's interview; case officer took her EAD.