BodRac

TJ and Ask, very timely posts. My check was just cashed earlier today, so it looks like I’ll be OK. I also had an InfoPass appointment last week where they told me same thing: they are backlogged with I-751 applications and they recommended I wait a few weeks before doing anything. I’m glad I didn’t re-submit!

I hope someone can help me determine if I am in a lot of trouble and whether it's time to consider hiring a lawyer. 

Recent timeline of my case:

- I am a permanent resident with conditional status due to recent marriage
- On April 5, 2018 I mailed my completed I-751, all supporting documents, and a check for $680 to the California Service Center in Laguna Niguel

- The USPS website confirms that the package was delivered on April 6

- My conditional green card expired one week later, on April 14

Because I have not heard from USCIS at all and more than 30 days have passed, I just called their customer service number and the person on the phone said she cannot see any record of them receiving my application. She also asked me if the check had been cashed, which I had not thought of checking before. It has not been cashed. 

She suggested I call again later in the week to escalate the issue and talk to a supervisor who may have access to additional information. However, she did suggest I may have to submit the application again. The problem is, obviously, that if I submit again, I will be doing so after my green card's expiration date.

Am I in a lot of trouble? Would you suggest I talk to a lawyer or can I still work my way through this by explaining to USCIS that I filed on time and the packaged was misplaced? 

Any advice will be appreciated. Thank you.

This posting actually has 3 separate questions all closely related to each other, so I hope anyone who can provide help with one of them may be able to give input on the other 2.

Quick background:

As you can see in the timeline in my signature, I married a USC late in 2014, submitted the AOS application in March 2015, my TN visa expired in May, and I received the EAD in June. So, my current status is whatever name the limbo between TN expiration and green card issuance has.

I am currently employed by the same company that requested the TN for me but my contract expires in 3 weeks and will not be renewed. I am expecting a job offer from a different employer within the next few weeks, and my questions are related to what I need to do to be able to accept such offer.

Question #1: Do I need USCIS approval to switch employers given my current status?

My question arises from a note found in the I-797 Notice of EAD approval, which says that I can request to change employers if my "I-485 application has been pending for at least 180 days and underlying Form I-140 is approved or is still pending." My I-485 will be pending for 180 days in about 30 days, but I do not have an underlying I-140, since my AOS is through an I-130, so I am not sure if I still need to request approval or even notify USCIS of the change in employers.

Question #2: For employment-related intents and purposes, is having an EAD equivalent to resident status?

My new job offer will be at a local government agency. Unlike the federal government, there is no citizenship requirement, but they also do not sponsor work visas and they usually only hire residents/citizens. Is there any chance they could refuse to hire me because currently I only have temporary work authorization (through June 2016) and not residency?

Question #3: If my potential new employer refuses to hire me under my current status, would this be grounds to request an expedited green card interview so I can get the temporary green card?

I know I could have requested an expedited EAD issuance if I had a job offer that depended on having the EAD on hand, but I already have the EAD and I have not seen anywhere that I could do the same if the employer wants to see a green card. Any thoughts?

Bonus Question: It has been over 5 months since I submitted the AOS application and nearly 3 months since I received the EAD, but I still have not received a date for the residency interview. Should I be worried? Should I call USCIS to ask about the status of the interview?

Hi,

I know this question has been asked a few times at VJ, but a book I purchased (Ilona Bray's Fiancé & Marriage Visas) has a big warning about AOS from work visas, so I figured I would outline my situation and ask if anyone sees red flags that warrant getting a lawyer or at least extra preparation.

So, my situation. I have been in the US nearly continuously since 2000; here is my timeline:

• J-1 visa 2000 - 2003 (visa stamp had a note that 2-year rule did not apply; hasn't been an issue at all)
• F-1 visa 2003 - 2009
• H1B visa 2009 - 2011 (previous employer)
• TN1 visa 2011 - current (Mexican, so it requires annual renewals; last one was on 05/2014)
• Married a US citizen on 10/2014 and have not left the US since then (honeymoon will have to wait until next year)

Some details about our marriage:

• My wife and I have been together for nearly 10 years, although not continuously
• We got engaged about 1 year ago (so, I was engaged when I last renewed the TN)
• We have lived together for just over 1 year and the lease is on both our names
• We also lived together before, but I am not sure we have good proof of that

Some other miscellaneous stuff:

• I have a good education and job so I considered applying for a green card through a skills-based process, but my current employer won't sponsor a green card, so I would have to do it on my own, which is why I prefer AOS through marriage
• My job is not permanent, it's contract-based. My current contract runs thru 9/2015.
• A permanent position now opened at my job and I will likely apply for it as soon as I have an EAD. (It has to be this way, I can't apply without EAD. Basically, I work for Company A but they assign me to work for Company B; Company B now has a permanent position but they will not sponsor even a visa.)
  • The above 2 points may be relevant because when I last renewed my TN visa (5/2014), I did tell the consul officer (I am Mexican so I have to apply at a consulate in Mexico) that I was engaged but, since my contract was temporary, we were planning to move to Mexico when my job ended. Now that I have an option for a permanent job, I believe I can argue I did not know this was going to happen and so our plans have changed.
• Perhaps also relevant: my wife is about to start a Master's program in the US, which also affects our plans.

I think that pretty much sums up the last 1.5 decades of my life. My questions are:

• Should I worry about the fact that TN is not dual-intent and that I was already engaged when I last applied for the visa?
• Anything we should be particularly careful about when preparing the application?
• My current TN visa expires on 5/2015. Do we have enough time to start the process?

I prefer not to hire a lawyer, but if anyone thinks my situation warrants it, please do let me know!

Thanks for any advice you can offer!

NOTE: For others who reach this post because they are in a similar situation. I found this post very helpful, especially if you are Canadian.