will I be able to work ?

[KJ79 0]

just got terrified. certainly i cant be the only one who has a lapse between GC expiration and receiving NOA? are people expected to quit their jobs or.... ?

[Chica Yeyé 41]

Hardly. As long as she files the I-751 before the expiration of her green card, she will not go out of status, regardless of when she receives the NOA1. So if she is still in-status, even without an NOA1, how can that constitute "immigration fraud"?

Plus she can always get her passport stamped with an I-551 if she needs to.

You are much correct my friend.- However, her time for applying is running out.

[annelizabeth 1]

Sorry, I don't often get annoyed or respond, but what a load of rubbish ........

This is straight from the Employers manual issued buy USCIS to Employers. Last updated 11/1/2007. Document M-274

Q. My employee's DHS-issued employment authorization document expired and the employee now wants to show me a Social Security card. Do I need to see a current DHS document? A. No. During both initial verification and reverification, an employee must be allowed to choose what documentation to present from the Form I-9 lists of acceptable documents. If an employee presents an unrestricted Social Security card upon reverification, the employee does not also need to present a current DHS document. However, if an employee presents a “restricted” Social Security card upon reverification, the employer must reject the restricted Social Security card, since it is not an acceptable Form I-9 document and ask the employee to choose different documentation from List A or List C of the Form I-9. A restricted Social Security card may state “not valid for employment” or “valid for work only with DHS authorization.”

This basically says he does not need to provide a current DHS document, upon reverification of I-9 documents

So, please do not get alarmed. Assuming you have an unrestricted SSN, there is no problem work-wise whatsoever.

[Jasman0717 8]

You should receive a one year extension letter from the USCIS

[James 2]

You should receive a one year extension letter from the USCIS

Congratulations

[James 2]

Sorry, I don't often get annoyed or respond, but what a load of rubbish ........

This is straight from the Employers manual issued buy USCIS to Employers. Last updated 11/1/2007. Document M-274

Q. My employee's DHS-issued employment authorization document expired and the employee now wants to show me a Social Security card. Do I need to see a current DHS document? A. No. During both initial verification and reverification, an employee must be allowed to choose what documentation to present from the Form I-9 lists of acceptable documents. If an employee presents an unrestricted Social Security card upon reverification, the employee does not also need to present a current DHS document. However, if an employee presents a "restricted" Social Security card upon reverification, the employer must reject the restricted Social Security card, since it is not an acceptable Form I-9 document and ask the employee to choose different documentation from List A or List C of the Form I-9. A restricted Social Security card may state "not valid for employment" or "valid for work only with DHS authorization."

This basically says he does not need to provide a current DHS document, upon reverification of I-9 documents

So, please do not get alarmed. Assuming you have an unrestricted SSN, there is no problem work-wise whatsoever.

Yup, and unfortunately, there are a number of people here blithely passing on mis- and disinformation (or just irrelevant information), apparently more interested in simply responding and running up their post counts than truly being helpful.

And there are people like me who get off on being snippy about those other people. (Hey, I'm entitled. I'm a TSC Loser®.)

There should be a way here on VJ for people to be reported for giving bad/dumb info/advice with a resulting rating affixed below their avatar. Much more helpful than the stars/diamonds indicating the number of posts.

[KJ79 0]

dare i ask what happens if the SS card is "restricted"?

is getting a non restricted SS card an impossibility at this point (expired GC, no NOA yet).

if someone is continuing to work during the interim between GC expiring and NOA arriving, would wages need to be paid back or what? i mean, if the employer is not proactively monitoring and the employee continues to work during the "grey area" period is the employee/immigrant putting themselves into an illegal position?

i suppose the answer is likely = contact an immigration lawyer......

[KJ79 0]

got my NOA! and in the nick of time

what a relief.

and now... the saga continues..........

[annelizabeth 1]

Phew! KJ79. Problem solved.

But in answer to your last question it depends on how efficient the employer is at remembering to check I-9 expirations in the first place. Under DOL regulations they have to pay you for hours actually worked, period. They can't ever make you pay them back just because your status expired. Worst case scenario is that they can terminate you until you can produce acceptable documentation.