Passport expiring , need I-551 stamp withing 83 days

[Confused785 3]

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?

[milimelo 4,481]

Hopefully you updated your SS card when you got the GC so there isn't a restriction on it. That plus valid drivers license is all you need for employment purposes.

I never used my green card for employment purposes - DL and SSN card was sufficient and employers can't demand any specific documents from you - up to you to decide what to show them.

[Dave&Roza 748]

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?

Sounds like you need to educate your HR department on valid documents. You are showing them a valid I-551 and the NOA1 states very plainly that the letter extends the validity of the GC up to a year. You can use that or as millimeto states use your DL and clean SSC. If you went to the SSA to get the "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" removed. If not, you might want to go to your local SSA office with your GC and the extension letter to get that removed and then use the SSC and DL to show your are eligible to work. Getting an I-551 stamp is very hard these days. The USCIS may also only give you a stamp that expires on the date your passport expires.

I would get a new passport. Go to your local SSA office with your GC and extension letter and get teh restriction removed from your SSC. USe your new SSC and DL to show your employer you are eligible to work. If so some reason they give you grief, I would ask why as you have two valid documents--one on List B and one on List C. You might remind them that they cannot tell you which documents you may use. If they continue to be stubborn, you can go the route of trying to get an I-551 stamp in your new passport by making an INFOpass appointment. At the INFOpass appointment I would explain your situation withyou employer and maybe they can give you something to straighten out your employer. I also wonder ehy it matters whether you are aprt-time or full time as the I-9 form is for ALL employees.

Dave

[Confused785 3]

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

[Confused785 3]

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.

[Ms Hogan 295]

Did you show them the letter? Doesn't it say right on it that you are eligible to work?

I would get to ordering yourself a new Canadian passport lickety split. I doubt that the I-551 stamp would have a date past the expiry of a passport BUT they may not look at the date in the passport when you go. Who knows? I got I-551 stamp in my passport and my kids' because I didn't want to carry green cards and letters with me as I cross the border quite frequently. Getting the stamp doesn't cost anything other than time. If you have the time, I would book an INFOPASS appointment and ask for a stamp. Just present the passport and see what they do with it.

[Dave&Roza 748]

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

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.

Edited April 26, 2015 by Dave&Roza

[Confused785 3]

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 may

present 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 presentation

requirement for a short period of time, at the end of which the employee must present the actual

document or other documents specified in the regulations as acceptable to present. An employer may

accept 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 may

provide a receipt for the application for the replacement document, in lieu of the actual document, as

long as he or she provides the replacement document within 90 days of hire. If the individual employee

is an alien whose employment authorization or employment authorization documentation expires, the

employer must reverify the employee's continued employment authorization by the expiration date by

reviewing 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.

[Confused785 3]

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

[Ketsuban 1,034]

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.

The DMV near me accept extension notices. The guy in front of me was trying to give his to the lady behind the counter, but she wouldn't take it because it was a photocopy. She said she would only take it if it was the original.

Sounds like wherever you live don't deal with immigrants often :/

[Dave&Roza 748]

Sounds like wherever you live don't deal with immigrants often :/

The OP is from CA where they have to deal with illegal immigrants and have much stricter laws about what type of documents they accept. Here in CO anybody can get a CO DL now--legally in the US or not. Each state's DMV is different.

Dave

[Dave&Roza 748]

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.

Show them your unrestricted social security card for a List C document and then ask them what alternate document would they accept as a list B document. The expired GC COULD be used for that. They need to understand that your SSC is valid as it does not have any restrictions and that makes it a valid List C document. They only issue you have is you do not have an unexpired form of ID Listed in List B. Your GC should be able to be used as an ID along with your Canadian passport. I would not try to use the GC as proof of employment eligibility with this employer. I would show them your SSC, your passport and the GC and state that you are doing this for ID purposes and will they accept it. If not, what do they want to see to prove ID as the SSC proves your eligibility to work. I find it strange they would accept an I-551 stamp and not an extension letter. Maybe you should have them call the mis-information line a the USCIS to discuss an extension letter.

If after going back to HR and having no luck make an INFOpass appointment to see if you can get an I-551 stamp in your current passport or a letter or contact info of someone you can take to your employer to straighten them out on this matter.

Dave

[Confused785 3]

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

https://www.federalregister.gov/articles/2011/04/15/2011-9152/documents-acceptable-for-employment-eligibility-verification

In the top section under "background" is where it explains about the 90 day receipt thing.

Also this http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2003/crextensn120203.pdf

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?

Edited April 27, 2015 by Confused785

[Dave&Roza 748]

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

https://www.federalregister.gov/articles/2011/04/15/2011-9152/documents-acceptable-for-employment-eligibility-verification

In the top section under "background" is where it explains about the 90 day receipt thing.

Also this http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2003/crextensn120203.pdf

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?

This is all well and good, but if you get stuck and they still refuse to yield: SHOW THEM THE DAMN SOCIAL SERCUITY CARD!!! Then wait for them to go "oh, okay." Then ask them point blank "Now that I have shown you a List C document that shows my employment eligibility, what will you accept for a LIst B document to prove my identy? I have a foreign passport, a learner's permit without a photo, and an expired green card with a valid extension letter. What will you accept to prove my ID?" See what they say. In my situation, I had to actually ask for her boss and then she realized that I was not going to show her my SSC and DL and she was going to have to accept my US passport. Most HR people see the same thing day in and day out. Throw a different situation at them and they may not know how to handle it.

I do not kjnow why you are hung up on proving that your GC is valid. The ONLY issue you have is not having a List B document to prove ID. Yes, it woul dbe nice to get them to realize that your List A document is valid--the GC--but at this point I am thinking it is just best to prove to them you are eligible to work and see if they will accept the "expired" GC as a form of ID. In the end you want to keep your job. Why waste a lot of time and effort on some clueless HR person?

I hope it all works out in the end,

Dave

Edited April 27, 2015 by Dave&Roza

[Confused785 3]

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.