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I-751 Work, Employment Related Questions Answered

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Hello All,

A lot of folks seemed to be confused about I-751 and employment because of soon or expired GC. Here are some answers

1- NOA or I-551 stamp extends your legal status (Stay plus work) for one year which is 1 year added to the date your GC expires, e.g if your GC expires April 20th 2009, NOA or stamp

will extend it to April 20th 2010.

2- According to New Employer Handbook issued by USCIS the employer has accepted the GC + I-551 or NOA. See the link below.

http://www.uscis.gov/files/nativedocuments/m-274_3apr09.pdf

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

UCIS also has posted new I-9 form to be used from April 3rd so if you have applied for I-751 and got a new Job and fill out the new I-9 it they should be fine so are the people who

applied last year. The new handbook confirms the authority of the document so that the employer should know it.

3- If you were working on old GC and your employer knew that your GC expired and asked for new GC send them the NOA and also provide the link in the email for further clarification.

Dear Sir or Madam,

"Hello"

Just to let you know. I was supposed to submit a new card or proof of employment authorization when

my tempoary green card was due to expire in April.

I submitted to the HR person, my receipt letter (I-797)for the newel of my green card which is equivalent to

having a temporary card while the 10 year card is being prepared and it extends my employment

authorization till ---.

According to "USCIS Employer Handbook" for I-9

that is a valid and acceptable document. Please see the PDF link below from USICS website.

Please see Page11 (page 9 of printed version) of the PDF. Here's the excerpt.

An expired Permanent Resident Card (Form I-551) and Form I-797 “Notice of Action” from USCIS stating that the Permanent Resident Card has been extended for 1 year

Conditional Lawful Permanent Resident who has applied to have his or her conditional status removed

Employment authorization (List C)

1 year from the original expiration date on the I-551

http://www.uscis.gov/files/nativedocuments/m-274.pdf

The processing takes 6 months to 1 year. So as soon i get the 10 year card. I will send it to you for your record.

Sincerely,

John/Jane Doe

If your employer doesn't know that your I-751 is being processed and you got NOA or stamp then no need to tell them, if you application is denied or rejected, then please contact an attorney and proceed accordling.

Please note: I am not an attorney but sharing from my experience, your experience can be different so please act wisely.

(see this post for another example http://www.visajourney.com/forums/index.ph...187343&hl=)

Hope it helps.

Thanks

Edited by Immigrant2009
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You see the problem is not the employee, its the stupid people in the various HR departments or as in my case the companies immigration lawyer. There dont keep abreast of changes in immigrations laws and rules, i bet you there are thousands of VJers who know far more than hundreds of the so called immigration lawyers.

It is stated in the NOA1 that "this letter extends your immigrant status for one year, travel and employment is permitted" (paraphrased), yet i was made to go and get a stamp in my passport!!!!!!! just because my firms "immigration lawyer" hadnt seen that kind of letter before. I mean it is written there in black and white and to make matters worse, it was all my fault because i wasnt even asked for it in the first instance i was trying to "keep my record up to date"!!!!!!!!!!!!!!!!!!.

So, please if your employer doesnt ask then dont ther if i were you.

09/20/2009 (Day 01): N-400 Mailed to Lewisville, TX (Express Mail with Delivery Confirmation)

09/22/2009 (Day 03): N-400 Delivered @ Lewisville, TX @ 9:30am

09/24/2009 (Day 05): Check Cleared

09/28/2009 (Day 08): NOA Received (Priority Date: 09/24/2009)

10/30/2009 (Day 40): (FP Notice Received (scheduled for 11/17/2009)

10/30/2009 (Day 40): (FP done via walk-in on 10/30/2009)

11-07-2009 (Day 48): Touched online for "testing & interview"

11/09/2009 (Day 50): Interview Letter Received

12/10/2009 (Day 81): Interview Date @ 12:30pm (re-scheduled for Dec 21 @ 12:30pm)

02/03/2010 (Day 137): Oath

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You see the problem is not the employee, its the stupid people in the various HR departments or as in my case the companies immigration lawyer. There dont keep abreast of changes in immigrations laws and rules, i bet you there are thousands of VJers who know far more than hundreds of the so called immigration lawyers.

It is stated in the NOA1 that "this letter extends your immigrant status for one year, travel and employment is permitted" (paraphrased), yet i was made to go and get a stamp in my passport!!!!!!! just because my firms "immigration lawyer" hadnt seen that kind of letter before. I mean it is written there in black and white and to make matters worse, it was all my fault because i wasnt even asked for it in the first instance i was trying to "keep my record up to date"!!!!!!!!!!!!!!!!!!.

So, please if your employer doesnt ask then dont ther if i were you.

I know it's sad that ignorance can cause a lot of problems, that's why we have such a great forum to get information as well other resource to equip ourselves with info and avoid any problems. If you know the laws that can help you can tell them to ignorant people and help your case. But if things do go out (case denied etc or worse)i think one should consult a good immigration attorney rather than wasting time and putting their selves in jeopardy.

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Take a look at page 31 of the new handbook (33 on the PDF page ticker),Question 18.

"18. Q. How can I tell if a DHS-issued document has expired? If it has expired, should I reverify the employee?

A. Some DHS-issued documents, such as older versions of the Alien Registration Receipt Card (Form I-551), do not have expiration dates, but are still acceptable for Form I-9 purposes. However, all subsequent Permanent Resident Cards (I-551s) contain 2-year or 10-year expiration dates. You should not reverify an expired Alien Registration Receipt Card/Permanent Resident Card (Form I-551). Other DHS-issued documents, such as the Employment Authorization Document (Form I-766) also have expiration dates. These dates can be found either on the face of the document or on a sticker attached to the back of the document. All Employment Authorization Documents must be reverified upon expiration."

This is the same and unchanged from the old handbook.

Employers should not even be ASKING you to re-verify your employment if you are a permanent resident.

Choosing to produce your Extension letter isn't enough to satisfy the I9. The link in the original post indicates that doing so only satisfies the production of an employment authorization document. If your employer accepts the extension letter, they still need an identity document from you (a List B item).

I-551 greencard is a List A item and should not be re-verified.

Edited by rebeccajo
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Hi there. I am one of those stupid HR people who don't know what they are doing. :devil: I process HR and payroll paperwork for a research department at a university, and have to verify employment for F-1 students, J-1 scholars and H1-b researchers. And I brought my husband over on a K-1 visa and we have adjusted status to conditional LPR (though he isn't currently employed).

I have a couple of comments on the previous posts.

First - I think that, in the new M-274, when they refer to "An expired Permanent Resident Card (Form I-551) and Form I-797 “Notice of Action” from USCIS stating that the Permanent Resident Card has been extended for 1 year", they are not talking about the receipt notice, they are talking about the approval notice. See page 7 (page 9), just above "Table 1: Receipts": "A receipt indicating that an individual has applied for initial employment authorization or for an extension of expiring employment authorization is NOT acceptable proof of employment authorization on Form I-9."

Second, I am interpreting the statement about reverifying an expired Alien Registration Receipt/Permanent Resident card as the alien can't submit their expired card, they must have a new one. This is as opposed to an expired Employment Authorization Card, with an interim card or an approval notice. Or, they can use other documents listed on the back of the I-9.

I am attending a workshop soon in a couple of days, held by our international department, and will request clarification. Of course, they are going to be concentrating on implications for F-1, J-1/2 and H1b (and maybe a couple of O-visas!), but I can see if I can get more info. If folks can think of any questions, please post them here and I'll see what I can do.

AOS

Date Filed: 2008-08-27

NOA Date: 2008-09-02

Bio. Appt.: 2008-09-18

AOS Transfer: 2008-09-22 to CSC; 2008-11-25 to local office

Approval/Denial Date: 2009-02-10 card production ordered

Greencard Received: 2009-02-20

Removal of Conditions

Date mailed: 2010-11-12

NOA Date: 2010-11-15

Approved: 2011-04-28 card production ordered

Received card: 2011-05-04

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Hi there. I am one of those stupid HR people who don't know what they are doing. :devil: I process HR and payroll paperwork for a research department at a university, and have to verify employment for F-1 students, J-1 scholars and H1-b researchers. And I brought my husband over on a K-1 visa and we have adjusted status to conditional LPR (though he isn't currently employed).

I have a couple of comments on the previous posts.

First - I think that, in the new M-274, when they refer to "An expired Permanent Resident Card (Form I-551) and Form I-797 “Notice of Action” from USCIS stating that the Permanent Resident Card has been extended for 1 year", they are not talking about the receipt notice, they are talking about the approval notice. See page 7 (page 9), just above "Table 1: Receipts": "A receipt indicating that an individual has applied for initial employment authorization or for an extension of expiring employment authorization is NOT acceptable proof of employment authorization on Form I-9."

Second, I am interpreting the statement about reverifying an expired Alien Registration Receipt/Permanent Resident card as the alien can't submit their expired card, they must have a new one. This is as opposed to an expired Employment Authorization Card, with an interim card or an approval notice. Or, they can use other documents listed on the back of the I-9.

I am attending a workshop soon in a couple of days, held by our international department, and will request clarification. Of course, they are going to be concentrating on implications for F-1, J-1/2 and H1b (and maybe a couple of O-visas!), but I can see if I can get more info. If folks can think of any questions, please post them here and I'll see what I can do.

I guess, from the perspective of this ROC board, is it legal (acceptable by HR law)/enough proof to just have the GC and NOA (stating our expried GC is extended for one year)? Or do we have to go make infopass, insist that we would not leave until USCIS give us a 1 year valid I-551 stamp on current valid unexpired foreign passport?

Thanks a lot for your help!

N-400

5/29/2010 - USPS Express Mail Out N-400

6/2/2010 - Priority date

6/9/2010 - Check cashed

6/11/2010 - NOA in my mail box

6/17/2010 - Able to see case status "Initial Review"

6/18/2010 - LUD

7/2/2010 - Called mis-information line to put in a service request for STILL HAVEN'T RECEIVED "FP NOTICE"

7/8/2010 - LUD, at 2:32am, received text msg and e-mail for req. for add'l evidence being mailed out on July 6th, believe it's for the FP

7/12/2010 - Received FP notice in mail, scheduled for 8/2/2010

7/15/2010 - Walk in FP

7/22/2010 - Online status changed to "Case sent to local office for interview schedule"

7/27/2010 - Received interview letter for 8/23/2010

8/23/2010 - Passed interview, was informed that next oath date is 9/22/2010 and oath letter will come in the mail

9/3/2010 - Received oath letter in the mail for 9/22/2010

Disclaimer: All comments, advice and information are given out by my kind intention, please use them at your own risk and do not hold me liable or responsible for any inaccuracy.

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Hi there. I am one of those stupid HR people who don't know what they are doing. :devil: I process HR and payroll paperwork for a research department at a university, and have to verify employment for F-1 students, J-1 scholars and H1-b researchers. And I brought my husband over on a K-1 visa and we have adjusted status to conditional LPR (though he isn't currently employed).

I have a couple of comments on the previous posts.

First - I think that, in the new M-274, when they refer to "An expired Permanent Resident Card (Form I-551) and Form I-797 “Notice of Action” from USCIS stating that the Permanent Resident Card has been extended for 1 year", they are not talking about the receipt notice, they are talking about the approval notice. See page 7 (page 9), just above "Table 1: Receipts": "A receipt indicating that an individual has applied for initial employment authorization or for an extension of expiring employment authorization is NOT acceptable proof of employment authorization on Form I-9."

Second, I am interpreting the statement about reverifying an expired Alien Registration Receipt/Permanent Resident card as the alien can't submit their expired card, they must have a new one. This is as opposed to an expired Employment Authorization Card, with an interim card or an approval notice. Or, they can use other documents listed on the back of the I-9.

I am attending a workshop soon in a couple of days, held by our international department, and will request clarification. Of course, they are going to be concentrating on implications for F-1, J-1/2 and H1b (and maybe a couple of O-visas!), but I can see if I can get more info. If folks can think of any questions, please post them here and I'll see what I can do.

On pg. 9 of the M-274.pdf (pg.7 of the handbook iteself),

"In certain circumstances, employers, recruiters, and referrers for a fee must accept a receipt in lieu of a List A, List B, or a List C document if one is presented by an employee. A receipt indicating that an individual has applied for initial employment authorization or for an extension of expiring employment authorization is NOT acceptable proof of employment authorization on Form I-9." - The documents that the handbook are referring to, are listed on Table 1: Receipts, as example. Those are called "Receipts" by USCIS, and "receipts" are acceptable ONLY for a certian period of time (refer to the table), then the employee must present other require documents "at the end of the receipt validity period". If the employee fail to do so, then the "receipts" will become no longer acceptable.

On pg. 10 of the M-274.pdf (pg.8 of the handbook iteself),

"When the employee provides an acceptable receipt, record the document title in Section 2 of the Form I-9 and write the word “receipt” and its document number in the “Document #” space. When the employee presents the actual document, cross out the word “receipt” and any accompanying document number, insert the number from the actual document presented, and initial and date the change."

"Some examples of documents that employment-authorized aliens with unique or temporary employment authorization may present to employers are listed in the table below." - The documents that the handbook are referring to, are listed on Table 2: Temporary Employment Authorization, as example. Those receipts are called "Temporary Employment Authorization" by USCIS, and "Temporary Employment Authorization" are acceptable receipts "In certain circumstances", and employers "must accept". An expired Permanent Resident Card (Form I-551) and Form I-797 “Notice of Action” from USCIS stating that the Permanent Resident Card has been extended for 1 year, together the above mentioned two documents are valid for 1 year from the original expiration date on the I-551.

I guess we can play on this English game forever and ever. It depends on our own HR department knows what they're doing or not. But from my experience, some HR department from big companies love to cover their butt by being/exposing itself as "xo (don't want to say this out in a public forum)" - that they don't even want to accept the acceptable documents (that are confusing by definition) by law in order to avoid the trouble of scrutiny from USCIS. To DI&JR, I don't mean that's you/your HR department, I'm just saying from my own personal experience and I don't mean to offend anybody by telling the truth (truth and reality always hurt that some people in this real world are trying so hard to to avoid knowing/don't want to accept the truth/reality). I sure hope that you can get some answers or feedback from the workshop that you're going to attend, so that may be somehow we can put this English game to a temporary stop.

N-400

5/29/2010 - USPS Express Mail Out N-400

6/2/2010 - Priority date

6/9/2010 - Check cashed

6/11/2010 - NOA in my mail box

6/17/2010 - Able to see case status "Initial Review"

6/18/2010 - LUD

7/2/2010 - Called mis-information line to put in a service request for STILL HAVEN'T RECEIVED "FP NOTICE"

7/8/2010 - LUD, at 2:32am, received text msg and e-mail for req. for add'l evidence being mailed out on July 6th, believe it's for the FP

7/12/2010 - Received FP notice in mail, scheduled for 8/2/2010

7/15/2010 - Walk in FP

7/22/2010 - Online status changed to "Case sent to local office for interview schedule"

7/27/2010 - Received interview letter for 8/23/2010

8/23/2010 - Passed interview, was informed that next oath date is 9/22/2010 and oath letter will come in the mail

9/3/2010 - Received oath letter in the mail for 9/22/2010

Disclaimer: All comments, advice and information are given out by my kind intention, please use them at your own risk and do not hold me liable or responsible for any inaccuracy.

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Hi there. I am one of those stupid HR people who don't know what they are doing. :devil: I process HR and payroll paperwork for a research department at a university, and have to verify employment for F-1 students, J-1 scholars and H1-b researchers. And I brought my husband over on a K-1 visa and we have adjusted status to conditional LPR (though he isn't currently employed).

I have a couple of comments on the previous posts.

First - I think that, in the new M-274, when they refer to "An expired Permanent Resident Card (Form I-551) and Form I-797 “Notice of Action” from USCIS stating that the Permanent Resident Card has been extended for 1 year", they are not talking about the receipt notice, they are talking about the approval notice. See page 7 (page 9), just above "Table 1: Receipts": "A receipt indicating that an individual has applied for initial employment authorization or for an extension of expiring employment authorization is NOT acceptable proof of employment authorization on Form I-9."

No - first of all you are confusing instructions for the EAD and instructions for if the alien CHOOSES to show you their expired I551 plus extension letter. The extension letter is the receipt notice. An approval notice does not state a period of time.

Second, I am interpreting the statement about reverifying an expired Alien Registration Receipt/Permanent Resident card as the alien can't submit their expired card, they must have a new one. This is as opposed to an expired Employment Authorization Card, with an interim card or an approval notice. Or, they can use other documents listed on the back of the I-9.

The alien should not even be asked to show a new card.

I am attending a workshop soon in a couple of days, held by our international department, and will request clarification. Of course, they are going to be concentrating on implications for F-1, J-1/2 and H1b (and maybe a couple of O-visas!), but I can see if I can get more info. If folks can think of any questions, please post them here and I'll see what I can do.

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Permanent residents are not temporarily work authorized!

I-551 should not be reverified. Period. Ever.

Agree! :thumbs:

N-400

5/29/2010 - USPS Express Mail Out N-400

6/2/2010 - Priority date

6/9/2010 - Check cashed

6/11/2010 - NOA in my mail box

6/17/2010 - Able to see case status "Initial Review"

6/18/2010 - LUD

7/2/2010 - Called mis-information line to put in a service request for STILL HAVEN'T RECEIVED "FP NOTICE"

7/8/2010 - LUD, at 2:32am, received text msg and e-mail for req. for add'l evidence being mailed out on July 6th, believe it's for the FP

7/12/2010 - Received FP notice in mail, scheduled for 8/2/2010

7/15/2010 - Walk in FP

7/22/2010 - Online status changed to "Case sent to local office for interview schedule"

7/27/2010 - Received interview letter for 8/23/2010

8/23/2010 - Passed interview, was informed that next oath date is 9/22/2010 and oath letter will come in the mail

9/3/2010 - Received oath letter in the mail for 9/22/2010

Disclaimer: All comments, advice and information are given out by my kind intention, please use them at your own risk and do not hold me liable or responsible for any inaccuracy.

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Hi there. I am one of those stupid HR people who don't know what they are doing. :devil: I process HR and payroll paperwork for a research department at a university, and have to verify employment for F-1 students, J-1 scholars and H1-b researchers. And I brought my husband over on a K-1 visa and we have adjusted status to conditional LPR (though he isn't currently employed).

I have a couple of comments on the previous posts.

First - I think that, in the new M-274, when they refer to "An expired Permanent Resident Card (Form I-551) and Form I-797 “Notice of Action” from USCIS stating that the Permanent Resident Card has been extended for 1 year", they are not talking about the receipt notice, they are talking about the approval notice. See page 7 (page 9), just above "Table 1: Receipts": "A receipt indicating that an individual has applied for initial employment authorization or for an extension of expiring employment authorization is NOT acceptable proof of employment authorization on Form I-9."

Second, I am interpreting the statement about reverifying an expired Alien Registration Receipt/Permanent Resident card as the alien can't submit their expired card, they must have a new one. This is as opposed to an expired Employment Authorization Card, with an interim card or an approval notice. Or, they can use other documents listed on the back of the I-9.

I am attending a workshop soon in a couple of days, held by our international department, and will request clarification. Of course, they are going to be concentrating on implications for F-1, J-1/2 and H1b (and maybe a couple of O-visas!), but I can see if I can get more info. If folks can think of any questions, please post them here and I'll see what I can do.

Hi there. I am one of those stupid HR people who don't know what they are doing. :devil: I process HR and payroll paperwork for a research department at a university, and have to verify employment for F-1 students, J-1 scholars and H1-b researchers. And I brought my husband over on a K-1 visa and we have adjusted status to conditional LPR (though he isn't currently employed).

I have a couple of comments on the previous posts.

First - I think that, in the new M-274, when they refer to "An expired Permanent Resident Card (Form I-551) and Form I-797 “Notice of Action” from USCIS stating that the Permanent Resident Card has been extended for 1 year", they are not talking about the receipt notice, they are talking about the approval notice. See page 7 (page 9), just above "Table 1: Receipts": "A receipt indicating that an individual has applied for initial employment authorization or for an extension of expiring employment authorization is NOT acceptable proof of employment authorization on Form I-9."

Second, I am interpreting the statement about reverifying an expired Alien Registration Receipt/Permanent Resident card as the alien can't submit their expired card, they must have a new one. This is as opposed to an expired Employment Authorization Card, with an interim card or an approval notice. Or, they can use other documents listed on the back of the I-9.

I am attending a workshop soon in a couple of days, held by our international department, and will request clarification. Of course, they are going to be concentrating on implications for F-1, J-1/2 and H1b (and maybe a couple of O-visas!), but I can see if I can get more info. If folks can think of any questions, please post them here and I'll see what I can do.

On pg. 9 of the M-274.pdf (pg.7 of the handbook iteself),

"In certain circumstances, employers, recruiters, and referrers for a fee must accept a receipt in lieu of a List A, List B, or a List C document if one is presented by an employee. A receipt indicating that an individual has applied for initial employment authorization or for an extension of expiring employment authorization is NOT acceptable proof of employment authorization on Form I-9." - The documents that the handbook are referring to, are listed on Table 1: Receipts, as example. Those are called "Receipts" by USCIS, and "receipts" are acceptable ONLY for a certian period of time (refer to the table), then the employee must present other require documents "at the end of the receipt validity period". If the employee fail to do so, then the "receipts" will become no longer acceptable.

On pg. 10 of the M-274.pdf (pg.8 of the handbook iteself),

"When the employee provides an acceptable receipt, record the document title in Section 2 of the Form I-9 and write the word “receipt” and its document number in the “Document #” space. When the employee presents the actual document, cross out the word “receipt” and any accompanying document number, insert the number from the actual document presented, and initial and date the change."

"Some examples of documents that employment-authorized aliens with unique or temporary employment authorization may present to employers are listed in the table below." - The documents that the handbook are referring to, are listed on Table 2: Temporary Employment Authorization, as example. Those receipts are called "Temporary Employment Authorization" by USCIS, and "Temporary Employment Authorization" are acceptable receipts "In certain circumstances", and employers "must accept". An expired Permanent Resident Card (Form I-551) and Form I-797 “Notice of Action” from USCIS stating that the Permanent Resident Card has been extended for 1 year, together the above mentioned two documents are valid for 1 year from the original expiration date on the I-551.

I guess we can play on this English game forever and ever. It depends on our own HR department knows what they're doing or not. But from my experience, some HR department from big companies love to cover their butt by being/exposing itself as "xo (don't want to say this out in a public forum)" - that they don't even want to accept the acceptable documents (that are confusing by definition) by law in order to avoid the trouble of scrutiny from USCIS. To DI&JR, I don't mean that's you/your HR department, I'm just saying from my own personal experience and I don't mean to offend anybody by telling the truth (truth and reality always hurt that some people in this real world are trying so hard to to avoid knowing/don't want to accept the truth/reality). I sure hope that you can get some answers or feedback from the workshop that you're going to attend, so that may be somehow we can put this English game to a temporary stop.

Hi there. I am one of those stupid HR people who don't know what they are doing. :devil: I process HR and payroll paperwork for a research department at a university, and have to verify employment for F-1 students, J-1 scholars and H1-b researchers. And I brought my husband over on a K-1 visa and we have adjusted status to conditional LPR (though he isn't currently employed).

I have a couple of comments on the previous posts.

First - I think that, in the new M-274, when they refer to "An expired Permanent Resident Card (Form I-551) and Form I-797 “Notice of Action” from USCIS stating that the Permanent Resident Card has been extended for 1 year", they are not talking about the receipt notice, they are talking about the approval notice. See page 7 (page 9), just above "Table 1: Receipts": "A receipt indicating that an individual has applied for initial employment authorization or for an extension of expiring employment authorization is NOT acceptable proof of employment authorization on Form I-9."

No - first of all you are confusing instructions for the EAD and instructions for if the alien CHOOSES to show you their expired I551 plus extension letter. The extension letter is the receipt notice. An approval notice does not state a period of time.

Second, I am interpreting the statement about reverifying an expired Alien Registration Receipt/Permanent Resident card as the alien can't submit their expired card, they must have a new one. This is as opposed to an expired Employment Authorization Card, with an interim card or an approval notice. Or, they can use other documents listed on the back of the I-9.

The alien should not even be asked to show a new card.

I am attending a workshop soon in a couple of days, held by our international department, and will request clarification. Of course, they are going to be concentrating on implications for F-1, J-1/2 and H1b (and maybe a couple of O-visas!), but I can see if I can get more info. If folks can think of any questions, please post them here and I'll see what I can do.

DI&JR,

Please read the instructions carefully before making any judgment or inference. Don't mean to be rude, but i think but i think you put yourself on the spot by claiming to enemy number 2/most hated after USCIS for the I-751 applicants and then you mixed the info. Please don't do it.

I am sure the workshop will validate what the employer handbook says and what rebeccajo, jasminelily and I have inferred.

BTW bravo rebeccajo, jasminelily for the handling the details well and giving a knowledge judgment call and sharing the info.

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Bottom line here is the rules have not changed at all for a conditional resident. All the handbook has done is clarify for employers that IF the conditional resident CHOOSES to show their expired greencard and extension letter as some sort of proof of legal employment, that the employer still needs to ask the alien to produce an identity document.

IMO, the best course of action for a permanent resident who is ILLEGALLY asked by their employer to re-verify is to produce a driver's license or state ID card (unexpired) and an unrestricted Social Security card. This should quash forever further requests for re-verification.

Think about it this way - a greencard is a greencard. Conditional or otherwise. The greencard of a conditional resident does not look a bit different from a card issued to a non-conditional resident. The only difference is the expiry date is shorter.

We all know that a non-conditional resident is employment authorized as long as they have not somehow abandoned their status. Whatever makes any of us think a conditional resident is not employment authorized in the same manner? Nothing should. We simply get 'hung up' on the fact that we KNOW we have to lift conditions to maintain status. We KNOW we are out of status if we don't file to lift. A non-conditional resident does not lose their status if their card expires and that is the reason for the directive to employers that a greencard should not be reverified.

When it comes to permanent residents, the Service appears to be saying to employers "It is not your responsibility to determine if the alien is out of status. It is only your responsibility to determine if they are employment authorized and permanent residency grants that right. The alien has certain other rights by virtue of that permanent residency granted to him/her. If that alien is now out of status, that is a matter between the alien and the Service. The Service is aware of the proper legal channels to deal with such persons and you, the Employer, will not be found at fault should the alien be out of status. It is a legal matter between the Service and the alien - not the alien and their employer."

Edited by rebeccajo
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Think about it this way - a greencard is a greencard. Conditional or otherwise. The greencard of a conditional resident does not look a bit different from a card issued to a non-conditional resident. The only difference is the expiry date is shorter BUT since there is no 'begin' date on a greencard NOBODY can tell a conditional resident from a non-conditional resident simply by looking at the card. Why is that? BECAUSE BOTH A CONDITIONAL RESIDENT AND A NON-CONDITIONAL RESIDENT ARE EMPLOYMENT AUTHORIZED AS LONG AS THEY ARE NOT OUT OF STATUS.

My GC has a line that says "Resident since: xx/xx/xxxx". Then "expires: xx/xx/xxxx". So yes, someone can tell a conditional resident from a non-conditional resident.

Regardless, I agree with what you're saying. I also don't think that conditional residents' life, e.g. employment, travel, etc., should be affected by the issues of I-751. Heck, my HR has no idea whatsoever is "ROC" about. I have to educate HR and let HR do their own research, after a while, HR came back and said they believe me. I said I really don't care if you believe me or not, you can ask me to go infopass to get an I-551 stamp all you want but you have to give me an official letter saying that you don't accept NOA as proof and you're requiring me to get the stamp, but if you're going to fire me because of this conditional resident status needs to be removed which I've already filed with the NOA as proof that I've filed, I would have a law suit, doesn't matter the law suit is with the company, USCIS, DHS, etc. Believe me, there would be law suit(s).

N-400

5/29/2010 - USPS Express Mail Out N-400

6/2/2010 - Priority date

6/9/2010 - Check cashed

6/11/2010 - NOA in my mail box

6/17/2010 - Able to see case status "Initial Review"

6/18/2010 - LUD

7/2/2010 - Called mis-information line to put in a service request for STILL HAVEN'T RECEIVED "FP NOTICE"

7/8/2010 - LUD, at 2:32am, received text msg and e-mail for req. for add'l evidence being mailed out on July 6th, believe it's for the FP

7/12/2010 - Received FP notice in mail, scheduled for 8/2/2010

7/15/2010 - Walk in FP

7/22/2010 - Online status changed to "Case sent to local office for interview schedule"

7/27/2010 - Received interview letter for 8/23/2010

8/23/2010 - Passed interview, was informed that next oath date is 9/22/2010 and oath letter will come in the mail

9/3/2010 - Received oath letter in the mail for 9/22/2010

Disclaimer: All comments, advice and information are given out by my kind intention, please use them at your own risk and do not hold me liable or responsible for any inaccuracy.

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Think about it this way - a greencard is a greencard. Conditional or otherwise. The greencard of a conditional resident does not look a bit different from a card issued to a non-conditional resident. The only difference is the expiry date is shorter BUT since there is no 'begin' date on a greencard NOBODY can tell a conditional resident from a non-conditional resident simply by looking at the card. Why is that? BECAUSE BOTH A CONDITIONAL RESIDENT AND A NON-CONDITIONAL RESIDENT ARE EMPLOYMENT AUTHORIZED AS LONG AS THEY ARE NOT OUT OF STATUS.

My GC has a line that says "Resident since: xx/xx/xxxx". Then "expires: xx/xx/xxxx". So yes, someone can tell a conditional resident from a non-conditional resident.

Regardless, I agree with what you're saying. I also don't think that conditional residents' life, e.g. employment, travel, etc., should be affected by the issues of I-751. Heck, my HR has no idea whatsoever is "ROC" about. I have to educate HR and let HR do their own research, after a while, HR came back and said they believe me. I said I really don't care if you believe me or not, you can ask me to go infopass to get an I-551 stamp all you want but you have to give me an official letter saying that you don't accept NOA as proof and you're requiring me to get the stamp, but if you're going to fire me because of this conditional resident status needs to be removed which I've already filed with the NOA as proof that I've filed, I would have a law suit, doesn't matter the law suit is with the company, USCIS, DHS, etc. Believe me, there would be law suit(s).

My bad - you caught me before my edit!

Most folks don't like to mention 'lawsuit' if their employer comes calling asking about their status. That's why it's long been recommended to passively appease them with a driver's license and SS card. Shuts them up for good.

I'd like to thank Immigrant2009 for posting the link to the new handbook. I've been watching for it for some time but frankly was too lazy to watch diligently. USCIS modified the I9 before they released the handbook (sheesh). At least now there is written directive to employers.

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Think about it this way - a greencard is a greencard. Conditional or otherwise. The greencard of a conditional resident does not look a bit different from a card issued to a non-conditional resident. The only difference is the expiry date is shorter BUT since there is no 'begin' date on a greencard NOBODY can tell a conditional resident from a non-conditional resident simply by looking at the card. Why is that? BECAUSE BOTH A CONDITIONAL RESIDENT AND A NON-CONDITIONAL RESIDENT ARE EMPLOYMENT AUTHORIZED AS LONG AS THEY ARE NOT OUT OF STATUS.

My GC has a line that says "Resident since: xx/xx/xxxx". Then "expires: xx/xx/xxxx". So yes, someone can tell a conditional resident from a non-conditional resident.

Regardless, I agree with what you're saying. I also don't think that conditional residents' life, e.g. employment, travel, etc., should be affected by the issues of I-751. Heck, my HR has no idea whatsoever is "ROC" about. I have to educate HR and let HR do their own research, after a while, HR came back and said they believe me. I said I really don't care if you believe me or not, you can ask me to go infopass to get an I-551 stamp all you want but you have to give me an official letter saying that you don't accept NOA as proof and you're requiring me to get the stamp, but if you're going to fire me because of this conditional resident status needs to be removed which I've already filed with the NOA as proof that I've filed, I would have a law suit, doesn't matter the law suit is with the company, USCIS, DHS, etc. Believe me, there would be law suit(s).

My bad - you caught me before my edit!

Most folks don't like to mention 'lawsuit' if their employer comes calling asking about their status. That's why it's long been recommended to passively appease them with a driver's license and SS card. Shuts them up for good.

I'd like to thank Immigrant2009 for posting the link to the new handbook. I've been watching for it for some time but frankly was too lazy to watch diligently. USCIS modified the I9 before they released the handbook (sheesh). At least now there is written directive to employers.

rebeccajo,

You are most welcome. Thanks to you jasminelily and others who commented. Its better to be knowledge and share what we know that helped us, so that it can help others. Sharing knowledge is also charity and noble deed. Knowledge increases by sharing and doesn't decrease. We are all here to help each other and share with each other what know, so that we can avoid mistakes , bobos which can cost us heavily in the future.

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