Work and I-751

[SENKA 0]

My 2 year conditional green card is going to expire on 4/25/09. I filed I-751 in January and got 1 year extension letter. I know that my employer will ask for proof of eligibility to work as soon as the card expires and am worried if they will accept a letter as sufficient. Are employers generally satisfied with the letter? Also, I am not sure if I should wait or just give it to them now. My passport expires beginning of May and I am thinking if I have to make an infopass appointment to get a stamp, it would be better to do it sooner than later. As far as I know they wouldn't put a stamp in an expired passport, correct?

Any thoughts on this? Thank you very much.

[ToLoveAndBeLoved 0]

My 2 year conditional green card is going to expire on 4/25/09. I filed I-751 in January and got 1 year extension letter. I know that my employer will ask for proof of eligibility to work as soon as the card expires and am worried if they will accept a letter as sufficient. Are employers generally satisfied with the letter? Also, I am not sure if I should wait or just give it to them now. My passport expires beginning of May and I am thinking if I have to make an infopass appointment to get a stamp, it would be better to do it sooner than later. As far as I know they wouldn't put a stamp in an expired passport, correct?

Any thoughts on this? Thank you very much.

I am pretty sure that your employer has to obey the law. I know your extenion letter mentions clearly that you can Travel & WORK for one more year i.e from April 25, 2009 till April 24, 2010. All you have to do is make a copy of that letter and gave it to your employer. Thats what I did. My employer just made a note that I have to present again something after one year.

[NickD 203]

Wife's employer legal department never heard of a one year extension, so had to download lots of information off the net, bring in all of our applications, a copy of our check, show processing dates, etc., they never heard of such a ridiculous thing including our newly appointed immigration officer that also need education in the USCIS regulations. They could not believe this agency in our government. Only thing they did understand is the expiration date on her conditional green card, and that was expired. I was so furious at the state, called our governor, but took a week for me, an idiot to explain how the USCIS operates making excuses for them, but they finally issued her a license when they did their homework.

Our employers are objecting to new state laws in that they are responsible for determing whether an employee is legal or not, if they screw up, can be fined $16,000.00 per employee.

Find it ironic that a 14 year old girl can come here, get knocked up, and her baby is a USC, so they won't deport her, but she cannot work, so depends on state aid to survive, if anything happens to us, we are screwed with that I-864. Look both ways before crossing a street.

[KiminON 0]

I gave our accountant a copy of my letter and since he has no clue on the matter, took my (correct) word and accepted it as fact. Of course, even though it does not expire until November, I get a note in every cheque asking if I have a copy of my new GC.

[alimar 0]

Your extension letter is enough for your employer to let you work as the letter says clearly. Do not wait until your green card expires, just give a copy of it to them and let them know that you are going to bring them your new green card as soon as you receive it. You will be fine.

The stamp in your passport is only needed if your extension letter is going to expire and you don't hear anything from USCIS yet. Some ppl wants their passport being stamped just to feel more comfortable if they want to travel. But according to my experience, the extension letter is enough to work and travel for a year after your green card expires. Good luck!!!

Edited March 31, 2009 by alimar

[SENKA 0]

Thank you all very much for your replies.

Alimar, I will take your advice and give them a letter before my green card expires.

Edited March 31, 2009 by SENKA

[Redneck-NOVA 1]

My 2 year conditional green card is going to expire on 4/25/09. I filed I-751 in January and got 1 year extension letter. I know that my employer will ask for proof of eligibility to work as soon as the card expires and am worried if they will accept a letter as sufficient. Are employers generally satisfied with the letter? Also, I am not sure if I should wait or just give it to them now. My passport expires beginning of May and I am thinking if I have to make an infopass appointment to get a stamp, it would be better to do it sooner than later. As far as I know they wouldn't put a stamp in an expired passport, correct?

Any thoughts on this? Thank you very much.

I posted this in a different thread before. What you need to do is to go to the Social Security Administration with your GC and old SS card and request a new card without the note "Valid for work only with DHS authorization". SS card never expires, so now you can always use it. According to "Employment eligibility verification form" you would only need to show your GC or EAD or any other employment verification document from CIS in addition to your SS card if the SS card still has the "Valid for work only with DHS authorization" note on it. Once you get a clean SS card with no restriction, you can use it in conjuction with your DL to prove employment eligibilty, noone will even ask you for the GC. I did that and my employer never even knew my GC expired, and i didn't have to do anything. I did my part, they did their part, the rest is between CIS and SS if they want to verify that my PR status is still current. I don't know if it meant to be that way or it's just a loophole in the law, but as long as you stay legal at all times, don't break any laws and keep your CLPR/LPR status current, you should be in the clear and your employer is satisfied.

[SENKA 0]

That is a great idea to request for SS card without "Valid for work with DHS authorization", but I am not sure that they will issue it so close to GC expiring. Also, my employer is aware that my green card is about to expire, so I don't think they would accept SS card.

I am wondering if anyone has a web link that would show that I-751 applicants are eligible to work with the extension letter? I tried to search and couldn't find anything. Thanks everyone.

Edited March 31, 2009 by SENKA

[jasminelily 1]

That is a great idea to request for SS card without "Valid for work with DHS authorization", but I am not sure that they will issue it so close to GC expiring. Also, my employer is aware that my green card is about to expire, so I don't think they would accept SS card.

I am wondering if anyone has a web link that would show that I-751 applicants are eligible to work with the extension letter? I tried to search and couldn't find anything. Thanks everyone.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Employer Information

Employment-related immigration regulations and procedures are based on legislation passed by Congress and can be complex. To assist employers, U.S. Citizenship and Immigration Services (USCIS) has structured a wide range of information to inform employers on employment, business, investment, training, and related immigration subjects—a function previously provided by the USCIS Office of Business Liaison. A number of fact sheets, brochures, and other guidance materials are available on this website through links listed below. In addition, telephone assistance is available at the following numbers:

• For general employer information: 1-800-357-2099

• For E-Verify information: 1-888-464-4218

• For student employment information: (202) 353-3046

(Administered by U.S. Immigration and Customs Enforcement)

Form I-9 and information related to employment eligibility verification can be found at the “About Form I-9 and E-Verify” link in the upper right corner of this page.

http://www.uscis.gov/files/form/I-9.pdf

On Page 3, List A No. 3 an unexpired foreign passport with a temporary I-551 stamp and List C No. 1 U.S. Social Security card issued by the Social Security Administration (other than a card stating it is not valid for employment).

I think (personally, don't quote me) you will need to above two things for picky employers. No where on that I-9 instructions said that piece of 1 year extension letter is an acceptable document. You can either get the USCIS update that I-9 instructions, or I think it's easier just to go to SSA like Redneck - NOVA said to get a SSCard without the letters "Valid for work only with DHS authorization". Also you need to make an infopass appointment and beg them to give you a stamp and tell them that "No where on that I-9 instructions said this piece of 1 year extension letter is an acceptable document, so you either need to update that I-9 form or need to give me a stamp or I'll lose my job because it said on the I-9 form that the I-551 stamp is acceptable but not the NOA letter".

[~krakatoa~ 27]

"Are employers generally satisfied with the letter?"

In my case, I have learned that my employer would not accept an extension letter per I-9's list of acceptable documents to establish work eligibility, they're very stringent on this. I remember being asked 5 times if I was eligible to work and if I had the acceptable document listed on the I-9. But I do have an unrestricted SS card.

http://www.uscis.gov/files/form/I-9.pdf

If I were in your shoes, I'd also inform them ahead of time and see whether they accept the extension letter, some employers are quite understanding. If they do not accept the letter, maybe you can have your passport renewed and get the stamp. By the way, how long does it take to get a Canadian passport renewed (I checked a website and it shows 4 weeks processing time, by mail application).

Just to answer your question about the stamp on an expired passport, USCIS will not give the stamp on an expired passport, even if they did it will not be accepted per I-9, must be "An unexpired foreign passport with a temporary I-551 stamp".

[SENKA 0]

I tried calling 1-800 number to make an infopass appointment, and when I entered my receipt number, they gave me an automated answer that "this receipt number cannot be found at this time". First I thought I entered the wrong number, and tried again, but the same thing happened. I wasn't able to get to talk to a real person, and this is so frustrating. Any thoughts or suggestions?

[Redneck-NOVA 1]

I tried calling 1-800 number to make an infopass appointment, and when I entered my receipt number, they gave me an automated answer that "this receipt number cannot be found at this time". First I thought I entered the wrong number, and tried again, but the same thing happened. I wasn't able to get to talk to a real person, and this is so frustrating. Any thoughts or suggestions?

The reciept number from NOA normally doesn't work. You can try it online to make sure that result is the same, but i think it will be. What you need is the reciept number on your biometrics appointment letter - that is the trackable one (and yes, it is different from NOA number). Don't ask me why it's done that way - it makes no more sense than half of other things CIS (or Federal government as a whole for that matter) is doing...

[3600rs 24]

I tried calling 1-800 number to make an infopass appointment, and when I entered my receipt number, they gave me an automated answer that "this receipt number cannot be found at this time". First I thought I entered the wrong number, and tried again, but the same thing happened. I wasn't able to get to talk to a real person, and this is so frustrating. Any thoughts or suggestions?

The reciept number from NOA normally doesn't work. You can try it online to make sure that result is the same, but i think it will be. What you need is the reciept number on your biometrics appointment letter - that is the trackable one (and yes, it is different from NOA number). Don't ask me why it's done that way - it makes no more sense than half of other things CIS (or Federal government as a whole for that matter) is doing...

Right On red neck nova. The bar code number on the biometrics letter is the right number. Follow no other number on other notices.

[alimar 0]

I dont see any reason why your employer doesnt want to take your extension letter to let you keep working. The letter says clearly "Your conditional resident status is extended for a period of one year. During the one-year extension you are authorized employment and travel". If they still having any doubts about it, they may be call USCIS to ask them if it is a valid document.

To call USCIS and talk to a rep u should dial option 1,2,3

Edited March 31, 2009 by alimar

[Kathryn41 3,205]

"Are employers generally satisfied with the letter?"

If I were in your shoes, I'd also inform them ahead of time and see whether they accept the extension letter, some employers are quite understanding. If they do not accept the letter, maybe you can have your passport renewed and get the stamp. By the way, how long does it take to get a Canadian passport renewed (I checked a website and it shows 4 weeks processing time, by mail application).

The recent experience for renewing Canadian passports from within the US is that passports are renewed within 2 weeks if the application is couriered in and there are no problems with the application, ie photograph is correct specs, etc. I don't know if this will remain true, however as there may be a bit of a rush on Canadian passports prior to the final implementation of the WHTI (Western Hemisphere Travel Initiative) on June 1st so I would allow some extra time. Four weeks is probably reasonable.