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harjog90

Removal of Conditional Green Card & I-797C Timings

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Posted (edited)

My wife and I recently submitted her I-751 (7/20) and we read that the it normally takes 3-5 weeks to receive a I-797C. Her green card expires 9/5 so 5 weeks is getting close to the actual expiration. I think the risk is low, but in the event we don't receive the I-797C before the green card expires what should we do? Does she lose her status and can her employer let her go for not having valid work authorization? 

Edited by harjog90

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She doesn’t lose status but the employer has right to let her go citing no work authorization document till she gets the receipt notice.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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34 minutes ago, arken said:

She doesn’t lose status but the employer has right to let her go citing no work authorization document till she gets the receipt notice.

When a conditional green card expires, the Conditional Resident status expires with it.  I doubt there's anything to worry about as long as the employer either is not paying attention or is made aware of the circumstances as needed.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Moved from IR-1/CR-1 Process & Procedures to Removing Conditions on Residency Discussion.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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You need to make an appointment to your local USCIS. Get an info pass. They will put a stamp on your wife’s passport to extend the validity of her stay until she gets her green card.


January 24, 2014 - Mailed Petition I-129F To California Service Center

February 3, 2014 - I-129F NOA1

March 3, 2014 - NOA2!!! Our petition got approved!

March 17, 2014 - Packet Left from NVC to Manila

April 3, 2014 - Manila received our packet

April 30, 2014 - Packet 4 received

May 8-9, 2014 - Medical Exam

May 19, 2014 - Interview at the US Embassy; APPROVED!

May 22, 2014 - Status changed to ISSUED

May 28, 2014 - Visa on hand

August 8, 2014 - Entered U.S.

August 30, 2014 - GOT MARRIED!!!

October 5, 2014 - Filed for Adjustment Of Status

October 20, 2014 - Received Receipt Number via Email

October 27, 2014 - Biometrics Appointment Received

November 13, 2014 - Biometrics

March 24, 2015 - Approved

March 31, 2015 - Green Card Received

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Posted (edited)

 

8 hours ago, KrisandNika said:

You need to make an appointment to your local USCIS. Get an info pass. They will put a stamp on your wife’s passport to extend the validity of her stay until she gets her green card.

I had read that the for the I-551 stamp you need to take the I-797C letter with you at the USCIS office. In our case, we wouldn't have it.

Edited by harjog90

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On 7/25/2019 at 10:07 PM, pushbrk said:

When a conditional green card expires, the Conditional Resident status expires with it.  I doubt there's anything to worry about as long as the employer either is not paying attention or is made aware of the circumstances as needed.

Does that make her illegal until she receives the I-797C?

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On 7/25/2019 at 8:00 PM, harjog90 said:

we read that the it normally takes 3-5 weeks to receive a I-797C.

My wife received her I-797 in 1 week....unless the package is rejected, I would expect it sooner than 5 weeks.


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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3 hours ago, missileman said:

My wife received her I-797 in 1 week....unless the package is rejected, I would expect it sooner than 5 weeks.

Agreed! I haven't read it taking that long unless there's something wrong with your package! I received mine in one week also.

In any case, I was recently hired by a public school (April 2019) and I asked if I had to do/show anything when my green expires (Sept 2019) and the HR person told me no, that they don't check/keep track because I'm a resident. They keep track of that for student visas and such only but that might just be this institution.


J-1 212 Residency Requirement Waiver                                                                    Removal of Conditions

08/22/2016 Advisory opinion request                                                                      07/01/2019 Package sent (I-751)

09/30/2016 Finding letter sent *subject*                                                                 07/03/2019 Package received at Pheonix, AZ Lockbox

09/30/2016 Documents received by DOS                                                                07/10/2019 Text notification of Case received, WAC#

12/13/2016 NOS Letter received                                                                               07/12/2019 Received NOA, 18 month extension letter.

01/25/2017 Favorable Recommendation Sent

02/02/2017 Case received by USCIS

02/23/2017 Married!

05/17/2017 Approval notice received

 

Adjustment Of Status from J-1

05/08/2017 Package sent (I-130, I-485 and I-765)

05/11/2017 Package received at Chicago Lockbox

05/18/2017 NOA received with case numbers via mail

06/06/2017 Had biometrics appointment in Pomona, CA

08/07/2017 Sent an online service request on I-765

08/17/2017 Letter in the mail saying case still under review

08/23/2017 Scheduled for an interview

08/26/2017 Sent second SR on I-765

08/26/2017 EAD New Card is Being Produced

08/29/2017 EAD card was mailed to me

08/31/2017 EAD card received in the mail

09/25/2017  Interview at San Bernardino office/GC approved

09/25/2017 GC is being produced

09/28/2017 GC was mailed to me

09/30/2017 GC received in the mail

 

 

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10 hours ago, harjog90 said:

Does that make her illegal until she receives the I-797C?

Her status expired, so yes.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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9 minutes ago, pushbrk said:

Her status expired, so yes.

I don't think I would go that far.  She may not be able to prove her status without the paper in hand, but having already had the paperwork accepted before the expiration date , she's definitely not accruing illegal presence.  Let's not make anyone panic unnecessarily. 

 

If you do need to prove status for employment, driving license, or leaving the country before the simply make an InfoPass appointment.  Towards the end of the year last year it was taking 1 month+ to deliver receipts, so you'll find lots of posts about people doing that without their receipt in hand.


I-130

May 14, 2016: Sent I-130 Package to Chicago Lockbox

May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

May 23, 2016: NOA1 E-mail

Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Nov 23, 2016: IV Fee Invoiced and paid

Nov 30, 2016: IV and AOS Packages Sent (EP)

Dec 4, 2016: DS-260 Submitted

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Dec 15, 2016: Found out interview date by phone

Jan 23, 2017: Interview...Approved!

 

Jan 30, 2017: POE Toronto Pearson Airport

 

Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox

Nov 7, 2018: Apparent receipt date (SMS notification on 11/9)

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7 minutes ago, AstroCanada said:

I don't think I would go that far.  She may not be able to prove her status without the paper in hand, but having already had the paperwork accepted before the expiration date , she's definitely not accruing illegal presence.  Let's not make anyone panic unnecessarily. 

 

If you do need to prove status for employment, driving license, or leaving the country before the simply make an InfoPass appointment.  Towards the end of the year last year it was taking 1 month+ to deliver receipts, so you'll find lots of posts about people doing that without their receipt in hand.

Her legal status has expired.  You're distinction is noted and correct but it's a distinction without a difference, IMO.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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My husband received his extension letter within a week - I wouldn't worry about it - you should receive in plenty of time (unless package is rejected for any reason).

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