Employer is asking what about my green card. The current one expires on January 18th, I haven't submitted any doc's yet. What will happen ? Will I be able to work when my temporary card expires ?

thanks

Ana

Hi Anastasia....

"Legally" without filing for the I-751, your GC will expire on the designated date and you are supposed to leave the country as you no longer have resident status!

HAVING SAID THAT ......

You have 90-days before expiration of your GC to file for the I-751 and you can do so anytime within that time period. As long as you have filed and have proof of same, there shouldn't be any grief. There was some thread working here over the past week or so which more closely addressed this issue ... somethng about what the employer can legally see and not see. You may wish to back-track to find this information.

Good luck!

Technically, if you allow your conditional green card to expire without applying to remove conditions, then you a rendered out of status, and any benefits that are incident to your status go with. So, you'd not be able to work. However, once you file the I-751 you should receive an NOA I-551 that extends your work authorisation for another year, pending adjudication of your I-751.

Ana,

You are getting dangerously close to being out of status -- apply for removal of conditions as soon as possible. Now, to answer your question: no, you cannot work when your temporary card expires unless you have applied for removal of conditions and received NOA from USCIS. Time flies, so go ahead and file ASAP.

Peace, L.

Employer is obliged to undertake re-verification with any alien whose documentation is about to expire.

ok I must have not expressed myself clearly. I know I won't be able to work if I don't remove conditions. What I have on mind is: say I send the paperwork tomorrow, I expect I will not get my GC until Jan. 18th. What are my options for working then ? What do I need to show my employer to prove I can work (if I can). How long before I get NOA ?
And finally where do I sent all that paperwork ? Chicago again ?

Thanks a lot

File the I-751 to lift conditions, the NOA1 letter extends the green-card for 1 year, your employer needs a copy of the NOA1 latter for their records.

I-751 directions:

http://www.uscis.gov/files/form/I-751instr.pdf

Thanks a lot everyone ))

That's not true. As discussed here, USCIS employer guidelines allow the employee to choose what documentation of employment eligibility to produce from the list of acceptable documents on Form I-9. The NOA1 is not listed. However, an unrestricted social security card and a foreign passport with an I-551 stamp are.

Yup, my advice would be to go and get an unrestricted ssn card immediately while you are still in status (if you haven't already done so). I would recommend showing your employer an unrestricted ssn and a state id or drivers license. That way they need never have to check your EAD or green card.

Nevertheless, working without a NOA1 in her case would constitute immigration fraud.

Hardly. As long as she files the I-751 before the expiration of her green card, she will not go out of status, regardless of when she receives the NOA1. So if she is still in-status, even without an NOA1, how can that constitute "immigration fraud"?

Plus she can always get her passport stamped with an I-551 if she needs to.

you guys are scaring me. my GC has expired but i still dont have my NOA (2 yr GC expired on dec 2). i am in limbo. only have the postal receipt showing i sent it in and it was received. am i committing immigration fraud?

edit.... committing immigration fraud by working

just got terrified. certainly i cant be the only one who has a lapse between GC expiration and receiving NOA? are people expected to quit their jobs or.... ?

You are much correct my friend.- However, her time for applying is running out.

Sorry, I don't often get annoyed or respond, but what a load of rubbish ........

This is straight from the Employers manual issued buy USCIS to Employers. Last updated 11/1/2007. Document M-274




Q. My employee's DHS-issued employment authorization document expired and the employee now wants to show me a Social Security card. Do I need to see a current DHS document? A. No. During both initial verification and reverification, an employee must be allowed to choose what documentation to present from the Form I-9 lists of acceptable documents. If an employee presents an unrestricted Social Security card upon reverification, the employee does not also need to present a current DHS document. However, if an employee presents a “restricted” Social Security card upon reverification, the employer must reject the restricted Social Security card, since it is not an acceptable Form I-9 document and ask the employee to choose different documentation from List A or List C of the Form I-9. A restricted Social Security card may state “not valid for employment” or “valid for work only with DHS authorization.”


This basically says he does not need to provide a current DHS document, upon reverification of I-9 documents

So, please do not get alarmed. Assuming you have an unrestricted SSN, there is no problem work-wise whatsoever.

You should receive a one year extension letter from the USCIS

Congratulations

Yup, and unfortunately, there are a number of people here blithely passing on mis- and disinformation (or just irrelevant information), apparently more interested in simply responding and running up their post counts than truly being helpful.

And there are people like me who get off on being snippy about those other people. (Hey, I'm entitled. I'm a TSC Loser®.)

There should be a way here on VJ for people to be reported for giving bad/dumb info/advice with a resulting rating affixed below their avatar. Much more helpful than the stars/diamonds indicating the number of posts.

dare i ask what happens if the SS card is "restricted"?

is getting a non restricted SS card an impossibility at this point (expired GC, no NOA yet).

if someone is continuing to work during the interim between GC expiring and NOA arriving, would wages need to be paid back or what? i mean, if the employer is not proactively monitoring and the employee continues to work during the "grey area" period is the employee/immigrant putting themselves into an illegal position?

i suppose the answer is likely = contact an immigration lawyer......

got my NOA! and in the nick of time

what a relief.


and now... the saga continues..........

Phew! KJ79. Problem solved.

But in answer to your last question it depends on how efficient the employer is at remembering to check I-9 expirations in the first place. Under DOL regulations they have to pay you for hours actually worked, period. They can't ever make you pay them back just because your status expired. Worst case scenario is that they can terminate you until you can produce acceptable documentation.