Expired GC - Awaiting Ext Letter - Job Interviews Tomorrow

[papasmf 90]

Hi, 

My wife's 2-year green card expired a couple days ago.  We recently moved to Texas from New York, so she's been looking for a job for several months now (because of covid).  Our ROC petition was received on May 28 (or June 2 depending on which USCIS website we check it on).  On June 2 we've received the text message with our case number, letting us know to expect our receipt notice in the mail.  Today her job search finally had some responses and she has two on-site interviews tomorrow. 

 

So, we wanted to ask - is she still eligible to work while we wait on this letter to come in the mail, or do you have any advice for how we should handle this if it comes up, either in the interview or during the on-boarding process? 

 

We know we can explain that the extension letter is supposed to come soon, and there's even a chance it shows up within the next week or two.  That said, I've been hearing that they are super delayed for most of the April and May 2020 filers.  Many of them have been waiting more than a month with everything going on, and are starting to run into similar problems as our's.  So, I'm sure any advice you might have would be helpful for a lot of us, so - as always, thank you so much for your time and advice.

 

[Loren Y 2,731]

I'm assuming as soon as you got your green card you went and had the wording " Requires DHS permit etc." Off of her social security card, so you should have a standard SS card now with no restrictions. All that is required for employment is State ID, drivers license, and Social security card acts as the secondary proof for employment. You shouldn't even need a green card to be Hired for the job, unless you have to prove US citizenship for a government job or something. One document from list A is nice, and covers both things at once, but as long as you have 1 from list B, and 1 from list C you are just as good. Here is the link to the I-9.

https://en.m.wikipedia.org/wiki/Form_I-9#List_A

[igoyougoduke 1,604]

Yes your work permit gets automatically extended for 1 year

[papasmf 90]

Thank you

[Crazy Cat 39,195]

45 minutes ago, James120383 said:

Yes your work permit gets automatically extended for 1 year

OP's wife was not working under a work permit.  She is a legal resident with legal status via her green card.  Her work authority and status as a legal resident continues as her status did not expire.

Edited June 10, 2020 by Lucky Cat

[DoodlesLife 19]

1 hour ago, papasmf said:

Hi, 

My wife's 2-year green card expired a couple days ago.  We recently moved to Texas from New York, so she's been looking for a job for several months now (because of covid).  Our ROC petition was received on May 28 (or June 2 depending on which USCIS website we check it on).  On June 2 we've received the text message with our case number, letting us know to expect our receipt notice in the mail.  Today her job search finally had some responses and she has two on-site interviews tomorrow. 

 

So, we wanted to ask - is she still eligible to work while we wait on this letter to come in the mail, or do you have any advice for how we should handle this if it comes up, either in the interview or during the on-boarding process? 

 

We know we can explain that the extension letter is supposed to come soon, and there's even a chance it shows up within the next week or two.  That said, I've been hearing that they are super delayed for most of the April and May 2020 filers.  Many of them have been waiting more than a month with everything going on, and are starting to run into similar problems as our's.  So, I'm sure any advice you might have would be helpful for a lot of us, so - as always, thank you so much for your time and advice.

 

She doesn’t need to show any proof of her status until her first day at work, and that’s when they will give her couple of days to provide it. So if you do not get the extension letter by the time the employer starts the background check process, she will need to call USCIS to make an appointment to get a stamp in the passport (she will need some kind of documentation  from her prospective employer requesting evidence of her status, otherwise they might not let her see anyone in the immigration building). If you read the I-9 form, you will see that the stamp is a valid proof of residence.

 

Her ID and social security card would’ve been enough if she was a citizen. Since she’s a resident, she can’t check that box (otherwise she will never get her citizenship).

 

So don’t worry - you have plenty of time to wait for the letter of get the stamp.

[papasmf 90]

@DoodlesLife thank you so much.  That’s what I needed to know.  
 

So the solution is a letter from the employer requesting current status, which could potentially help us get a stamp appt earlier than the 30 day waiting period if the extension letter still hasn’t shown up, correct?  @Loren Y does this sound right as well?

 

Thanks everyone for their assistance, much love to you all.

[Loren Y 2,731]

2 hours ago, DoodlesLife said:

Her ID and social security card would’ve been enough if she was a citizen. Since she’s a resident, she can’t check that box (otherwise she will never get her citizenship).

She doesn't check the us citizen box, she checks box number 3 as a LPR and writes in the A number. You don't have to show proof of your A number just attest to it and that you are a LPR. Then you prove identity with a state issued ID or license, and then you have to prove you are legally allowed to work in the US, and that is done with the unrestricted social security card that gives you work authorization. As long as she doesn't check the box saying she is a US citizen, she is golden.

You can get the I551 stamp also, but that may prove difficult currently, but maybe since they are allowing emergency services at local USCIS offices with an appointment. 

The only benefit of a green card is it kills 2 birds with one stone, it's proves identity, and right to work in one document. All you have to prove for the I-9 is identity and right to work in the US. Your status you are just attesting to under penalty of purgery. 

The I551 stamp and passport would be better for everyone, but if you don't have it the 2 document verification should work out fine. Some HR people aren't the brightest, but hopefully she gets a job with a competent person.

[papasmf 90]

13 hours ago, Loren Y said:

She doesn't check the us citizen box, she checks box number 3 as a LPR and writes in the A number. You don't have to show proof of your A number just attest to it and that you are a LPR. Then you prove identity with a state issued ID or license, and then you have to prove you are legally allowed to work in the US, and that is done with the unrestricted social security card that gives you work authorization. As long as she doesn't check the box saying she is a US citizen, she is golden.

You can get the I551 stamp also, but that may prove difficult currently, but maybe since they are allowing emergency services at local USCIS offices with an appointment. 

The only benefit of a green card is it kills 2 birds with one stone, it's proves identity, and right to work in one document. All you have to prove for the I-9 is identity and right to work in the US. Your status you are just attesting to under penalty of purgery. 

The I551 stamp and passport would be better for everyone, but if you don't have it the 2 document verification should work out fine. Some HR people aren't the brightest, but hopefully she gets a job with a competent person.

Thanks again @Loren Y, unfortunately we checked her SS card and it still has the DHS approval message on it.  I think we messed up there, because she had an SS under her maiden name from a J1 visa trip prior to our K1.  We updated the SS to our married name after applying for AOS, i guess we needed to update it again after.  I think we’ll still have to do the stamp thing if the letter doesn’t arrive soon enough