Employment with expiring extension letter?

[hsa12390 30]

Hi Everyone

 

My husband applied for his I-751 in July 2016 at VSC. I suspect given their latest processing times that we have another 1-2 months min of wait time before we hear back anything. His GC expired 9/30/2016 and the extension letter was received 7/6/2016. He's now looking for a job and will probably (hopefully) get one soon and I know that he will have to submit proof of employment authorization. Will the HR at a company potentially not hire him because they think he can only work until July or September? How should he explain this to potential employers? I know we have the option of making an infopass appointment and getting the I-155 stamp to get another year extension but we can't do so until 30 days before GC expiration.  Has anyone had this issue?

[Lemon23 400]

As far as I know when it comes to employment, your husband just need to provide social security card and number as well as state ID. Now, when it comes to filling out the form I-9 he just need to check the box that says Permanent Resident. The potential employer will just need to check the eligibility of your husband to work in the US using the social security number. And of course he needs to do infopass if the I-751 is still not approved for him to remain permanent resident.

Edited June 2, 2017 by Lemon23

[sweetswinks 400]

4 minutes ago, hsa12390 said:

Hi Everyone

 

My husband applied for his I-751 in July 2016 at VSC. I suspect given their latest processing times that we have another 1-2 months min of wait time before we hear back anything. His GC expired 9/30/2016 and the extension letter was received 7/6/2016. He's now looking for a job and will probably (hopefully) get one soon and I know that he will have to submit proof of employment authorization. Will the HR at a company potentially not hire him because they think he can only work until July or September? How should he explain this to potential employers? I know we have the option of making an infopass appointment and getting the I-155 stamp to get another year extension but we can't do so until 30 days before GC expiration.  Has anyone had this issue?

The 1 year extension letter extends the validity of the expiration date on your green card, example: My card expires on July 20, 2017. The letter extends that to expire on July 20, 2018. If my I-751 has not been approved before 30 days prior to that date which would be June 20, 2018, then I need to make an infopass appointment at my local USCIS to have an I-551 stamp placed into my passport.

 

In your case, your husband needs to make an infopass appointment 30 days prior to his expiration of September 20, 2016.

[hsa12390 30]

2 minutes ago, Lemon23 said:

As far as I know when it comes to employment your, husband just need to provide social security card and number as well as state ID. Now, when it comes to filling out the form I-9 he just need to check the box that says Permanent Resident. The potential employer will just need to check the eligibility of your husband to work in the US using the social security number.

OK this is very comforting. He has a MA drivers license that doesn't expire until 2020 as well as SS card. So meaning he doesn't even need to provide the expired GC and extension letter for proof of employment authorization?

[Lemon23 400]

@hsa12390 he dont have to unless the employer asks him to provide then that's the time he needs to provide the extension letter or the stamp on his passport for I-551. Based on my experienced most employers dont asks for green card since SS card and number will give them enough information on the applicant status thru e-verify that the applicant is indeed allowed to work in the US. But of course he needs to do infopass if the one year extension will expire within 30 days for him to be remain conditional permanent resident.

[Mollie09 1,543]

1 hour ago, Lemon23 said:

@hsa12390 he dont have to unless the employer asks him to provide then that's the time he needs to provide the extension letter or the stamp on his passport for I-551. Based on my experienced most employers dont asks for green card since SS card and number will give them enough information on the applicant status thru e-verify that the applicant is indeed allowed to work in the US. But of course he needs to do infopass if the one year extension will expire within 30 days for him to be remain conditional permanent resident.

 

Wrong and wrong.

Employer can't require any specific documentation as long as the I-9 requirements are fulfilled. I used a Global Entry card and SS card and they had to accept that.

After the letter expiration he will still be a LPR, just without proof of status. He can continue working no problem.

[Lemon23 400]

@Mollie09 this what exactly what I mentioned initially just read my first comment LOL!

[hsa12390 30]

3 minutes ago, Mollie09 said:

 

Wrong and wrong.

Employer can't require any specific documentation as long as the I-9 requirements are fulfilled. I used a Global Entry card and SS card and they had to accept that.

After the letter expiration he will still be a LPR, just without proof of status. He can continue working no problem.

So as long as he can provide a valid drivers license and SS card he fulfills the I-9 requirements, correct? If thats true does he still need to get the I-155 stamp 30 days before the GC expiration?

[Lemon23 400]

@hsa12390 I would suggest to get the I-551 stamp on his passport as a back up specially if it is nearly expiring. 

[mindthegap 2,543]

29 minutes ago, hsa12390 said:

So as long as he can provide a valid drivers license and SS card he fulfills the I-9 requirements, correct? 

Well yes, but if like many states the license has 'temp visitor' or 'temp immgr status' plasters over it, it isn't ideal.

The problem is that most US citizens and HR people don't have a clue about this process in the first place, let alone having to explain extension stamps and what not.

 

29 minutes ago, hsa12390 said:

 If thats true does he still need to get the I-155 stamp 

There is no legal requirement to get a stamp. However, it is still advisable to do so, as without it there is no proof of current status, which could potentially cause issues in some situations.

The major downside is of course should you have to leave the country for whatever reason, you will have major issues trying to get on a plane to come back without a valid stamp.

 

29 minutes ago, hsa12390 said:

 30 days before the GC expiration?

It doesn't have to be 30 days prior- one of mine was done over 50 days days prior to expiration of the current valid stamp, and one was done after the expiry.

Edited June 2, 2017 by mindthegap

[nightingalejules 678]

I have heard some anecdotal evidence that people going in "early" to get a stamp for reasons such as your husband's (ie: want to have proof of ongoing status in order to get a new job) have been able to get the stamp before the 30 days window. It's worth a try. 

Everyone who says that he shouldn't require the stamp because his status doesn't change is technically correct. He is a permanent resident and will remain one, even absent the stamp as proof of status. However, I'd still do everything I could to have proof of status rather than potentially miss out on a new job opportunity.