When you file the I-751 to remove conditions on residency, what happens when your existing PR card expires? Do you get a receipt or something else that indicates one is eligible for employment while the I-751 application is pending?

My wife's employer doesn't seem real interested in being accomodating here. She got a call from her HR dept today reminding her that her PR card expires in about 4 months. I get the feeling that 1 day past its expiration date they might show her the door.

Anyone know anything definitive here?

Cheers!
AKDiver

AKDiver,

She should expect to receive a letter (I-797, Notice of Action) from the USCIS service center extending the status for a year, while the petition is still pending adjudication.

http://www.visajourney.com/gallery/display...m=374&pos=0

Does she have an unrestricted SSN card, since that's proof of work authorization once the I-551 card expires?




The employer is concerned about the I-9 requirements and I don't think the Notice of Action will work for the I-9 even though it says your work authorization is extended for a year.

Possibly. I also believe that as long as you stick around with the same company, you are *probably* ok, assuming that the employer would not unnecessarily try to reverify the I-9, which here apparently is not the case.

Cool.

Yes, she has one with the restriction removed. It looks more or less like my card - except hers is a whole lot newer. (:

Yeah, I'm sure that is their concern. I just looked at the I-9 and yeah, it seems between her driver's license and regular SS card, she should be fine. I'll have her plead that case - of course, being a university bureacracy, they are liable to make up some bullshit reason why it will not work for her, since they know her green card is expiring, even though the I-9 says the employer doesn't get to specify what documents they will take. Those people are incredible, and not in a good sort of way. We'll see how it goes.

No luck there. That's the reason for this query. Her HR dept called her today and reminderd her that her green card will expire soon and that she will need to provide proof of continued employment eligibility if she wants to keep her job. We'll do the I-9 this weekend with items from lists B and C and I'll tell her not to accept any BS from them concerning her green card.

Thanks for the info!
AKDiver

Worst case scenario she should be able to make an INFOPASS appointment and take the Notice of Action and passport to get an I-551 stamp in her passport if the SSN card and DL doesn't make them happy.

I don't know that they have to do a new I-9 for reverifying. Why don't you visit the I-751 page at uscis.gov (How Do I Remove Conditions?) where it says in plain English that a properly filed I-751 (the NOA is evidence) extends your STATUS until you hear otherwise. Surely HR in a Uni will know the difference between 'status' and 'documentation'--this situation is not all that uncommon.
If you don't like the plain language approach, the links to the law are on that page as well.

You could also preemptively speak with them now and see what they'll need.

How can it have been 2 years already?! eek.

Hi everyone,
I am still waiting for my NOA from the Vermont Service Center and my existing 2 yr green card has already expired. I am still working but what if my HR dept realizes soon that my CG has expired? It's been more than 30 days since i sent our my I-751 and the check has been cashed. I tried to make an info pass appointment but the Cherry Hill, NJ office is full and are not accepting appointments at this time and i should check back later!!!! Any ideas and suggestions? My SS card is restricted as the Seattle SS office two years back refused to issue me a new one without conditions as they said that mine was not a 10 year green card and i didn't pursue the matter..Thank you!

akdiver:
From your signature it appears that your wife got her Green Card on Jan 20, 2005. If so, it should expire in Jan 2008, not 2007.

Best wishes

Ooops, sorry!
I meant, from your signature it says Jan 2006, not 2005. If it's 2006, then it will expire in 2008.

You could ask them to call the Office of Business Liaison at 1-800-357-2099 if they aren't sure of her authorization to work with or without the letter and SSN card.

http://www.uscis.gov/graphics/services/emp...info/EIB102.pdf

OFFICE OF BUSINESS LIAISON

THE FORM I-9 PROCESS IN A NUTSHELL

Reverification requirement: Employers are required to reverify employment eligibility when an employee’s employment authorization indicated in Section 1 or evidence of employment authorization recorded in Section 2 has expired. An employer may also reverify employment authorization, in lieu of completing a new Form I-9, when an employee is rehired within three years of the date that the Form I-9 was originally completed and the employee’s work authorization or evidence of work authorization has expired. The reverification requirement does not apply to the U.S. passport or “green card” (Form I-551).

Employers must reverify employment authorization on Section 3 of the Form I-9, or complete a new Form I-9 to be attached to the original Form I-9, no later than the date that employment authorization or employment authorization documentation expires. To reverify expired status (Section 1) and/or expired work authorization document(s) (Section 2), an employee may present any currently valid document from List A or List C. Remember: Receipts showing that the employee has applied for an extension of an expired employment authorization document are not acceptable.

Permanent Resident Cards (also known as Alien Registration Receipt cards, Forms I-551, Resident Alien Cards, Permanent Resident Cards, or “Green Cards”) are issued to lawful permanent residents and conditional residents and should not be reverified when the cards expire. Temporary evidence of permanent resident status in the form of a temporary I-551 ADIT stamp in an unexpired foreign passport is subject to reverification. This is because of the temporary nature of this document. Likewise, documents from List B need not be reverified when they expire. In fact, documents from List B are acceptable even if they have already expired at the time that they are initially shown.

Thank you!

Yoiu can try logging on to make an appointment later in the evening.. .around 8 or 10 at night. Many people find they have better luck getting an appointment in the near future that way.

I don't think you quite understand the magnitude of their ineptitude. Trust me, it is quite high. (:

Thanks!
AKDiver