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Employer Is Holding Employee's Green Card

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  • 05-08-2006, 05:01 AM
    enduringmicrobe
    Employer Is Holding Employee's Green Card
    i am an immigrant thru employment.i have been here for almost 4 months now.my greencard is with my employer and they wont released it not unless i will be employed contrary to what is stated on my contract.does an employer have the right to hold an employees greencard?i called immigration and i was told that it was already mailed to my employer's address.i am confused and don't know what to do.can i get another copy of my greencard?help!!!thanks:confused:
  • 05-08-2006, 05:56 AM
    aaron
    Re: Employer Is Holding Employee's Green Card
    To be absolutely clear, you are a permanent resident of the United States (a "Green Card" holder), as opposed to working on an H-1B visa?
  • 05-08-2006, 07:55 PM
    enduringmicrobe
    Re: Employer Is Holding Employee's Green Card
    yup, i am a permanent resident.i was granted an immigrant visa by the US embassy.
  • 05-08-2006, 10:26 PM
    aaron
    Re: Employer Is Holding Employee's Green Card
    I don't know of any authority by which they can withhold your green card. The USCIS expresses that "The card must be in your possession at all times". There is an official guide to getting a replacement card here.
  • 05-09-2006, 09:03 AM
    enduringmicrobe
    Re: Employer Is Holding Employee's Green Card
    thanks you very much....just one question though.in the filing of I-90,part 2...regarding the question my status is....commuter,not a commuter and conditional permanent resident.i do not know what is the meaning of commuter,not a commuter and conditional permanent resident.hope you can help me with this.thanks again
  • 05-09-2006, 10:14 AM
    aaron
    Re: Employer Is Holding Employee's Green Card
    Commuter status refers to whether or not you are residing inside or outside of the United States. You may apply for commuter status if you are a lawful permanent resident of the United States but are actually residing outside the United States.

    You should not be a conditional permanent resident unless either you have become a permanent resident by virtue of marriage but have been married for less than two years, or you are an immigrant investor whose immigration is conditioned upon your demonstration that you have fulfilled the conditions required of immigrant investors.
  • 05-09-2006, 12:16 PM
    enduringmicrobe
    Re: Employer Is Holding Employee's Green Card
    thanks.so since i am now in the US, the status that i will be applying will be permanent resident( not a commuter). am i right?
  • 05-09-2006, 04:42 PM
    aaron
    Re: Employer Is Holding Employee's Green Card
    You indicated previously that you already are a permanent resident. But yes, if you reside in the U.S. you are not a commuter.
  • 05-09-2006, 06:33 PM
    enduringmicrobe
    Re: Employer Is Holding Employee's Green Card
    thank you very much for the help.
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