I751 Issue

[candleman123 0]

Here's the situation.

My wife's 2 year CR visa expires on July 11 2016. We just sent the paper works via certified mail today, June 16, 2016 to Vermont. We had various issues as to why we delayed, but here is our trouble. Her work will be forced to terminate her if we do not get the NOA letter by July 11 to give to HR (she works at a hospital so they are going to be extra strict).

My question is the following- If they have issued the letter and it is in the mail, can I go to our local INS location in Pittsburg to obtain a copy in person?

I do not think you can print out a copy of this letter or get it faxed to you?

If there is any suggestions or insights into this problem, it would be greatly appreciated.

[NikLR 13,236]

terminate? She can't take vacation or unpaid leave until the NOA1 arrives? It should be there by then but I would ask if this is an option.

~~moved to ROC from AOS family based~~

BTW she's still an LPR even without the letter.

[newacct 688]

A 2-year card is not a limited term work authorization, and the employer should not be checking it again.

Does she have an unrestricted Social Security card? If so, that should work.

[observatorka 197]

I hope you'll get your NOA1 soon. I mailed my package on Tuesday, delivery was on Wednesday, I got my NOA1 on Monday. So technically 3 business days.

[andromeda1 7]

Here's the situation.

My wife's 2 year CR visa expires on July 11 2016. We just sent the paper works via certified mail today, June 16, 2016 to Vermont. We had various issues as to why we delayed, but here is our trouble. Her work will be forced to terminate her if we do not get the NOA letter by July 11 to give to HR (she works at a hospital so they are going to be extra strict).

My question is the following- If they have issued the letter and it is in the mail, can I go to our local INS location in Pittsburg to obtain a copy in person?

I do not think you can print out a copy of this letter or get it faxed to you?

If there is any suggestions or insights into this problem, it would be greatly appreciated.

Follow the below recommendation as a backup just in case you don't get the letter in time.

The reason they are saying that is because she probably used the expiration date of the green card for her I-9 when she first started. Does she have a driver's license? Does her SSN card have any of the following restrictions?

1. (1) NOT VALID FOR EMPLOYMENT

2. (2) VALID FOR WORK ONLY WITH INS AUTHORIZATION

3. (3) VALID FOR WORK ONLY WITH DHS AUTHORIZATION

If her SSN card has any of the above, go to the social security office and apply for it to be removed. You will get the new SSN card within it in 7 to 10 days. Take the driver's license and the SSN card to the employer to re-do the I-9.

In part 1 of the I-9 select permanent resident and put her A #. For part 2 of the I-9, tell them you will be using the driver's license and SSN card as the documents. Now even if you'd don't get NOA for I-751 by July 11th, you will be fine. Even if you get your NOA in time, I still like using the license and SSN cars for I-9.

(Source: I recently started a new job and used Driver's license and and SSN card without the above three restrictions. My conditional card expires in July and they don't have to re-do the I-9).

Even if you get the NOA in time, I would follow the above recommendations so that if she switches job with the I-751 pending... you won't have any issues.

[andromeda1 7]

A 2-year card is not a limited term work authorization, and the employer should not be checking it again.

Does she have an unrestricted Social Security card? If so, that should work.

If the expiration date of the green card was used, they will check it again. But if a driver's license AND an unrestricted social security card is used in place of the green card, then they won't need to check it again.

[newacct 688]

If the expiration date of the green card was used, they will check it again.

But for permanent residents, there is no place on the I-9 that asks for an "expiration date". Also, this FAQ says that they should not re-verify people with a 2-year conditional card.

Edited June 17, 2016 by newacct

[andromeda1 7]

But for permanent residents, there is no place on the I-9 that asks for an "expiration date". Also, this FAQ says that they should not re-verify people with a 2-year conditional card.

There is a no place for the green card expiration date in Part 1, but in Part 2, there is. You are right, they should not be re-verifying her like the USCIS website says but many companies are not aware of it. That's why I just like using the drivers license and unrestricted social security card. You can print out that link and maybe take it to the employer? That just depends on how comfortable you are talking to your employer about the rules and regulations.

[ManCharsey 254]

If they terminate her appointment because of that, that will be wrongful termination and you can sue.