What are all my options if we never received the extension letter?

[stfiii 33]

Looking for expert advice from our esteemed members here on Visa Journey. 

 

We never received the NOA or an extension letter, my wives drivers license expires in 10 days, she was also just accepted into the second round of interviews for a job that will triple her annual income and provide much needed benefits including health insurance and retirement benefits. 

 

Here are my questions, after filing the I-751, is the the I-797 NOA the official document (often referred to as the extension letter) that extends the green card for 18 months, or is the 'extension letter' and the NOA two different documents?

 

I have been told that the USCIS will not reissue a I-797 NOA. So, if the answer to the above question is that the I-797 NOA is also the extension letter then why did the Tier 2 officer I spoke to at USCIS tell me to find my local field office, file an info pass appointment, and ask for an extension letter?

 

Lastly. If the USCIS will in fact issue an extension letter, since I'm having no luck scheduling an info pass appointment (I've been trying constantly to do so, checking the web site morning, noon and night) what do you think will happen if we go there 2 days before my wives documents expire and beg to be let in for an appointment? It's 2 hours away for us and I can't imagine taking time off of work and driving all that way if they just turn people away. Will they see this as a frivolous request and not let us come in to wait for an officer? 

 

 

 

 

Edited December 4, 2018 by stfiii

[Ksenia_O 695]

NOA-1 IS an Extension Letter. So, did you receive one? 

[stfiii 33]

1 minute ago, Ksenia_O said:

NOA-1 IS an Extension Letter. So, did you receive one? 

No. never got it. I have informed delivery and I never received notice that it was being delivered either. (I edited my OP to define that I have not received the NOA) 

[Ontarkie 13,915]

Your timeline shows your NOA date Sept 24th. Did you get online conformation for that?

 

The best thing to do is make an info pass appointment and get the stamp in her passport. 

[Ksenia_O 695]

13 minutes ago, stfiii said:

No. never got it. I have informed delivery and I never received notice that it was being delivered either. (I edited my OP to define that I have not received the NOA) 

Sorry about that...

 

Well... The local USCIS Offices don't issue NOA/Extension letters - the customer line got you misinformed. Unfortunately it   happens very often and we can't really relay on their answers

 

Since you've never gotten NOA-1 and your wife's DL soon to be expired, you need to make an Infopass appointment and get her passport stamped with I-551. With the stamp she should be able to renew her DL.

I know it's hard in some areas to get any openings available. So just keep trying.

 

If no luck... Well, some Offices are good with 'walk-ins', others - not really...  Bring her DL  (as a proof that you really need to get the stamp),  a green card and a passport.  Make a copy of the green card - very often it's taken by USCIS Office in exchange for a stamp.

 

When did you file I-751? Was your check cashed? 

Edited December 4, 2018 by Ksenia_O

[stfiii 33]

Just now, Ontarkie said:

Your timeline shows your NOA date Sept 24th. Did you get online conformation for that?

 

The best thing to do is make an info pass appointment and get the stamp in her passport. 

We received the email Sept 24th with the Case Number and that our case was accepted and routed to California service center. The email say's we'll received the I-797 in 7-10 days but it never happened. Sometime in later October I was able to add the case number to our USCIS Online account. The online status only shows that on October 22nd they accepted our Finger Print Fee. No other updates to report. 

[Ksenia_O 695]

2 minutes ago, stfiii said:

We received the email Sept 24th with the Case Number and that our case was accepted and routed to California service center. The email say's we'll received the I-797 in 7-10 days but it never happened. Sometime in later October I was able to add the case number to our USCIS Online account. The online status only shows that on October 22nd they accepted our Finger Print Fee. No other updates to report. 

Get the email printed and take it with your for your Infopass.

 

Good luck!

[Ontarkie 13,915]

4 minutes ago, stfiii said:

We received the email Sept 24th with the Case Number and that our case was accepted and routed to California service center. The email say's we'll received the I-797 in 7-10 days but it never happened. Sometime in later October I was able to add the case number to our USCIS Online account. The online status only shows that on October 22nd they accepted our Finger Print Fee. No other updates to report. 

Well at least you know they did indeed receive it. Just make an infopass appointment to get the stamp. That will work for her DL and new work for proof of legal status. 

Edited December 4, 2018 by Ontarkie

[stfiii 33]

I wanted to update anyone who's interested in what has transpired since I made the OP. 

 

I was able to go online to the USCIS website and I found a form that I was able to fill out to let them know that we never received the I-797 Notice in the mail. In my request I copied and pasted the USCIS rules that states what their obligations are in that they are required to give us an extension letter as part of the NOA and that letter allows us to do things like renew drivers licenses, apply for jobs and give proof of our right to live and work in the USA. 

 

Today in the mail I received a letter from USCIS. In the letter USCIS reiterates that they mailed the receipt notice on October 22nd and that it was not returned to them so in their world they believe that is good enough. (I guess they never heard of the post office losing mail or people stealing mail from mailboxes) 

 

The good news is that they also said as a courtesy, they will mail us another copy of the I797 notice. 

 

So, too all you I751 filers from September that have not received your I797 notice of action with the statement that your GC'S have been renewed for 18 months, go online to the USCIS web site, make sure that they have your correct address, and then fill out that form online and tell them that you did not receive your notice in the mail. They do have the ability of sending out another notice. It's not impossible!!!!!!!! 

 

Go to: https://egov.uscis.gov/e-Request/Intro.do

 

Click: Did not receive notice by mail

 

When you get down to Notice Type select Other. In the box Provide last action on your case, make the statement that your I797 was never received,  then copy and paste the USCIS rules that state their obligation is to send you a receipt notice I797 with the language in it that your GC is extended for 18 months. (also known as an Extension Letter) 

 

 

 

 

[stfiii 33]

Last and Final Update: It worked. I am holding in my hands all three of our I797's that arrived in the mail today. We actually received a total of 5 letters. We had two sets up duplicate I797's and one single I797. My families Green Cards have been extended for 18 months. 

[Z@f 6]

How many days minimum we should wait and then contact them regarding non delivery of i797 notice

[stfiii 33]

2 hours ago, Z@f said:

How many days minimum we should wait and then contact them regarding non delivery of i797 notice

If you received the email that your NOA has been mailed and it's been 30 days or more since the email notice, and you still haven't received the receipt/extension letter then fill out that online form. Or if you are within 15 days of your GC expiring (like we were) then get online and fill out that request for your I797. 

[Z@f 6]

I didn’t send them g1145.are they still going to send me email I don’t think so I sent my package on November 23rd 2018  GC expires on February 14th 2019.now if in case I don’t hear anything back from them then when I should contact them and how please explain it to me thank you in advance 

[stfiii 33]

7 hours ago, Z@f said:

I sent my package on November 23rd 2018  GC expires on February 14th 2019. now if in case I don’t hear anything back from them then when I should contact them? 

If you just sent your package in I would wait, most likely you will receive your I797 extension letter. 

 

If you green card expires on Feb 14th, I would tell you to contact them by January 25th if you still haven't received any notifications form them. 

 

To contact them go to: https://egov.uscis.gov/e-Request/Intro.do

Click: Did not receive notice by mail

 

When you get down to Notice Type select Other. In the box Provide last action on your case, make the statement that your I797 was never received,  then copy and paste the USCIS rules that state their obligation is to send you a receipt notice I797 with the language in it that your GC is extended for 18 months. (also known as an Extension Letter) 

 

[Z@f 6]

Thanks but for passport stamp I should try book appointment atleast 30 days before expiry date is that right