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Posts posted by Confused785
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My green card arrived today. No interview. I filed feb 2nd. It's so nice to be done the process.
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Thanks. She wasn't here today. But I will go the SSN route and ask about what they will accept to prove my identity. I hope that works. The hardest part I think is that pretty much everyone at my job holds a green card. Though they had never seen the extension letter in a receipt so the response is always. "I know what I'm doing because I've been through this myself. " If she is in tomorrow I'm going to bring this up to her and ask her to either talk to HR or get me in contact with them. It's a very frustrating situation. My boss says I should just wait and see if the GC comes in but I explained that I can't do that because it won't be in by the date they gave me so i need this situation taken care of immediately.
I will see if the girl is there tomorrow and go that route with the SSN. I pray they can fix this situation.
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Today I am going to take in a few printed documents I have which I think should prove why my extension is a valid document and what they had done. The first one is this from the federal register
In the top section under "background" is where it explains about the 90 day receipt thing.
Which is a memorandum dated 2003 ( i hope thats not an issue) but it states basically what the I-797 is
Them I have a document printed from the M-274 Handbook for employers from the USCIS website that explains that the I-551 with I-797 combination is a valid List C document for a period of 1 year. In List B the top item says that a driver's license or ID card with a photograph OR description such as eye color, hair color , height, weight etc is a valid list B item. Which I gave them by drivers permit which has no ID but has my description not to mention the photo id on my green card anyways.
There's also another thing I found that explains when doing the I-9 and e-verify, the one exception to unexpired documents is the 1-551 IF I present a document from DHS that shows an extension, then they have to follow what the "DHS Guidance or Federal Register notice " states as far as an expiration date. Though my notice doesn't clearly state an expiration date, I would think saying my status is extended by one year means one year after the date my GC has expired.
I am taking all of this information to work with me today to try and prove my case i suppose lol
Do you think this information proves everything I am trying to prove?
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Where is that date on the I-797C? My wife's has the receipt date of when teh USCIS received the petition. Then it has all her information. Then there is the amount received. The next paragraph states:
"Your conditional residence status us extended for a period of one year. During the one-year extension you are authorized employment and travel. (THis extension and authorization for employment and travel does not apply to you if you your conditional residence status has been terminated.)"
Maybe you should focus on getting your DL. My wife's learner's permit has her photo so she could use that, but she has not gotten the restirction removed from her SSC.
Too bad you an into an idiot at your employer that does not understand what a proper form of ID for the I-9 is. IT reminds me of the time when I should an HR person my US passport and they were isnisting that I show them my DL and SSC. I finally got her to realize that the US passport was a List A document and that she could not tell me which documents I had to show her as long as I met the requirements. Then next thing she needed was proof of my citizenship to process my security clearance. SIGH! I would make a photocopy of the extension letter with the extension part blown up. All they can legaly do is force you to show the 10 year GC when you receive it, but you have a GC that expires one year beyond the date shown on the card. I would press where that 90 days is coming from as there is no such thing. Is there an HR supervisor you can talk to?
Good luck,
Dave
P.S.
The unrestriced SSC shows that you are eligible to work in the US--List C document. It would seem that they already know your identy and that is not in question. They will accept a Canadian DL as a form of ID, maybe they will accept your Canadian passpot for proof of ID--List B document.
My I-797 says exactly that, the date on it is Feb 3rd. I went to DMV to try and get at least a state I.D but they will not accept my extension letter as they say it must state notice of approval at the top and not notice of action. When I go to work tomorrow I am going to take a few printed documents and try to find out what it was they put in the I-9 that they submitted that would make HR think I didn't submit acceptable documents from any of the lists. At the processing rate, I may not hear anything on my GC until August which would be a month after they are saying they would have to let me go . I gave them copies of my bio-metrics, my online case status to show that it was not terminated, my passport, marriage certificate extension letter and expired GC . I would have thought that when entering my information into the I-9 , that my expired GC with extension letter would be considered list A evidence anyway since my GC being considered I-551 which extension letter should make its expiration date April 11th 2016 as opposed to 2015 like the card itself says. I don't know how to explain to them or prove to them that its acceptable documentation . I also had given them a document explaining what exactly the extension letter is and why it's important with an expired GC
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Yes i presented the letter and it says clearly on it that the top is for receipt purposes for my records only . The rest of it states clearly that it is my extension for one year which authorizes me to work during that time while my ROC is pending. The thing I am guessing my work is looking at it :
If the employee cannot present an acceptable document from one of the three lists, he or she maypresent an acceptable substitute document, referred to as a “receipt.”See 8 CFR 274a.2(b)(1)(vi)(commonly referred to as “the receipt rule”). The receipt satisfies the document presentationrequirement for a short period of time, at the end of which the employee must present the actualdocument or other documents specified in the regulations as acceptable to present. An employer mayaccept a receipt, however, only under specific circumstances prescribed under 8 CFR 274a.2(b)(1)(vi).For example, if a document acceptable under Lists A, B, or C is stolen or lost, the new hire mayprovide a receipt for the application for the replacement document, in lieu of the actual document, aslong as he or she provides the replacement document within 90 days of hire. If the individual employeeis an alien whose employment authorization or employment authorization documentation expires, theemployer must reverify the employee's continued employment authorization by the expiration date byreviewing any acceptable List A or List C document.[2] See 8 CFR 274a.2(b)(1)(vii).this is from the DHS federal register. But that means they are only looking at my extension letter as a receipt and ignoring the rest of it. I figured the extension was an acceptable list C document since its a document from homeland security extending my authorization to work. I submitted my driver permit which doesn't have a photo , however the expired green card with extension letter, i thought, would be sufficient photo id. But it sounds like they are not finding any of my submitted documents as acceptable documents from any of the lists. -
My SSN doesn't say anything about any restrictions on it. It just has my number my name and the date it was issued to me . I didn't give my employer the SSN card itself but I did however give them my SSN number on a form I-9 that i had filled out and gave them with my other supporting documents. But my understanding was that they fill out thier own form I-9 for me. I looked everywhere to find information to help them get a better understanding of the extension letter being an extension and not just a receipt but for some reason they sent the email back saying I have til July 18th, which after looking through the DHS Federal Register , I found that they give 90 days when an employee does not give sufficient list A,B,C documents. Which I thought I had.
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I don't have a driver's license . I do have a valid driver's permit, but it does not have my photo on it. I submitted that to them as well with the green card and extension notice. They said the form I-551 expired in 90 days which I looked up and found that it's the receipt at the top of the extension notice that they are referring to
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Hey everyone,
I am currently awaiting the next step in my ROC process. My package was sent February 1st 2015 , I completed Biometrics on March 26th and now am awaiting further information.
I had been working as a temporary worker at my place of employment for a year now and I just recently got hired on full time. I gave my employer my extension letter as well as my expired green card and passport and a few other documents to help them authorize me to continue working. However, it would appear they are only recognizing my extension letter as a receipt and therefore gave me 90 days to either get my approval or more evidence on work authorization in order to keep my job while my ROC is pending. My passport still has my maiden name in it but it is still valid until May 31st 2015. Still only one month. My question is can I get an I-551 stamped in that passport and will it stay valid even after my passport has expired. I am looking into renewing my passport now, but I worry that it may not go through on time as it's expensive and I need a Canadian citizen guarantor to sign my documents which means sending it to family or friends in Canada before sending it to passport canada. Not to mention the wait time after that's all said and done. 83 days doesn't buy me alot of time for all of that.
If i can get my current passport stamped even though it has my maiden name on it it would save me alot of trouble and worry. I do have my marriage certificate to show proff of my current last name as well as my expired green card.
Has anyone gone through this or know what I can do to keep from losing my job?
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Thanks alot everyone
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was definately casual, everyones was wearing a nice dress shirt, usually something you'd see under a blazer or some type of coat, and then just slacks, nice black pants. the only female I saw wore a skirt and blouse. Most of the people in the waiting room including myself, wore just jeans and a nice top. Something we would wear if we were going shopping or to a restaurant. Nothing formal. Only one person there wore a suit in the waiting room and im pretty sure that was someones lawyer. Was very laid back and quiet.
Thanks everyone for th congrats, Im soo extremely happy today
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APPROVED!!!!!!!
For my interview experience http://www.visajourney.com/forums/topic/424112-approved-on-the-spot/
Thank you everyone so much for hlping me through this
Good luck to everyone else still waiting
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Hey all , just got back from my interview today in San Jose. For a refresher for new people reading this. I adjusted from a B2 visa from Canada, married my USC husband 1 year after I got here. Ive been in overstay for almost 2 full years. Finally sent my AOS package January 2013.
When I first started looking into applying, I talked to a lawyer and almost went that way, but still researched information onnline before finding this website. I found ALOT of scary stories that really made me fear the entire process. For those that do or are doing the same, don't believe everything you read on the internet. I was so nervous and fearful that I wouldnt even answer the door if I didnt know who was on the other side, in fears of immigration deporting me for being in overstay.
With this website I got my money back from the lawyer and filed myself, saved 3000$ that way. Having people here to talk to in similar situations helped me with reassurance.
I was nervous still, but not as much as I would have been without this site.
My interview was at noon today, I got there and the moment I walked in the building I instantly felt more comfortable. I showed the guy at the front my id and interview letter and he pointed me to the right line up, where I(and my husband)put all our belongings in a basket including our shoes and then walked through the metal detector. After that they pointed us to the next person who checks your interview notice and put a window number on it, then he pointed us to the interview waiting room , where we placed our interview letter in a basket, didn't have to talk to anyone there.
We waited about 20 minutes to be called, we were half an hour earlier and pretty sure I was called in before the time of my interview. Was an older gentleman, maybe in his 50's. He had a serious look on his face but was very polite. I thought I would be going into an interogation type room, but it was actually a nice comfortable office. He went through our paperwork and asked very minimal questions at the same time such as how didwe meet, have i met my husbands kids. Has he met my family etc. He then asked for any additional joint vidences such as lease, which I didnt have anything really other than what I already sent in, Mainly because it's hard to get much without an SSN. So I only had the receipt for my ring with both our names on it, as well as the health insurance and life insurance papers.
He then went over the 485 form with me, Bu he only asked about 10 of the questions from it. Then he ended with, "your marriage is real right?" lol ad we said of course and he said he believes its legit and gave us the on the spot approval.
Lasted not even 10 minutes and we were out the door on our way to lunch to celebrate
This website is the ONLY thing that kept me sane through this entre experience and I want to thank everyone, especially those that took the time to answer any posts I made. You all made this experience much easier. Thank you all so much and If anyone is in ny similar situations or feels like they need to ask me anything, dont hesitate to send me a private message and I will answer best I can.
Everyone was right, there really isnt anything to be scared about even if you are like me with very minimal joint evidences and a fairly long ovrstay, don't fret
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Hey everyone, hope everyones cases are going smoothly. My interview is this wednesday at noon and I find myself getting more and more nervous as it gets closer.
I am pretty sure I have all that I possibly can to take to the interview with me.
We are making more copies of all our support documents tomorrow just incase, even though most of them is what Ive already sent.
I have the entire package I sent to them copied to bring with me
2 photo albums (one wedding, one is just randoms with family and out n about)
I have wedding cards from both our fams ( I know ppl say they dont weigh in that high but im bringing them anyway)
I have a letter that my husband sent to me when he mailed me my itinerary from the first time I visited him here in the US
I have a receipt for my rings that has both of our names on it
I have birth certificates for his two minor children, I dont however have one for his oldest whose 21. But I was told that the dependant childrens birth certificates were the only ones required, so hopefully that is the case.
I am bringing my husbands pay stubs for the last two months, we still have to file our taxes this week, but I dont think we will have them in time for the interview. So hopefully the last 2 months of pay stubs is sufficient as well as the last 3 years of tax transcripts.
I also am bringing one of our wedding invitations, we had alot of extras
The things I sent with my original AOS for support documents which I am also bringing originals and extra copies of are health insurance and life insurance with me as beneficiary. My ITIN paper.
Letters from friends and family . Letter of employment from his boss.
I think that is everything.
I just want to be sure I'm ready for wednesday, any input is greatly appreciated
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I have just received an email that says my employment authorization card is in production
Probably wont have it on time before my interview on April 10th though, and even if I do I dont think its enough time to do anything with it, But its still nice to see
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Good luck everyone on your interviews tomorrow. I hope you all have good news to bring back to us
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Congratz Coolmind
:D
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Hey, I havent received my EAD either and my interview is also on April 10 in san jose lol. postmarked march 8th also.
But I know how you feel, because I keep hoping ill receive mine before the interview.
On my timeline it says going by processing times I could receive it between march 21 and 26th or something along those lines. Maybe will be around the same time for you
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Congratz . I am in a similar boat too, My interview is in 3 weeks and I have no received my EAD yet. Im not on the lease here because all the places we applied to together, people just were really confused on how to process my application with no credit and no SSN. ALso in the market for a new phone company, the last plan we had was just outrageous and we are tyring to cut down to one phone to share since we really dont use our phones too much.
Tried to get me on his bank account but they wouldnt do it until I had atleast a temporary SSN of some sort. So all I have is the life insurance, health insurance, joint taxes. And a few minor things. Nnone of the household bills would add my name either without the social security number. Sucks :/
So all i can do is hope and pray that what I have will be enough.
Your experience also gives me hope. I hope I have a good interview like yours. Again Congratz
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Updated Interview line-up:
Mrs_Gonzo--------------- Chula Vista -------- 03/06/2013 Approved - Congratulations!
TinTin and Mike-------- San Deigo-------- 03/12/2013 Approved - Congratulations!
Calena82 -------------- Washignton------- 03/15/2013
Coolmind414 ----------- Los Angeles------ 03/19/2013
Yes We Can 2----------- Newark----------- 03/21/2013
Mariana2012------------ Seattle---------- 03/21/2013
Sara80----------------- Anchorage-------- 03/21/2013
Pasty------------------ Fresno----------- 03/22/2013
NeasMIA---------------- Miami------------ 03/26/2013
Kiwica----------------- Atlanta---------- 03/28/2013
sk8rpatty ------------- Santa Ana-------- 04/02/2013
RandT ----------------- N/A-------------- 04/03/2013
KyleAndrea ------------ N/A-------------- 04/04/2013
S&jc------------------- Boston----------- 04/11/2013
I sure hope so!
Im missing
lol <---interview is 04/10/2013 in San Jose
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My interview is officially scheduled for April 10th at 12:20 pm
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i sent mine on jan 22 and received my email noa's 7 days later. I got them in the mail like 4-5 days after that. I was also worried at first but worried for nothing
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I have just received my Biometrics appointment notice. February 22 at 8 am
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I just wanted to tell everyone, I sent my stuff January 19th and received my texts and email on Monday January 28th. Today I just received the 3 letters in the mail
Im pretty excited, little nervous of course, But definately excited to see these come
also , is it normal this early in that when I type in my recipt number on the site, nothing comes up yet?
I-751 February 2015 Filers
in Removing Conditions on Residency General Discussion
Posted
Thanks.