I-751 pending, work question

[mario2 0]

All,

I recently filed the I-751 packet for my wife, and her 2 year PR card is going to expire in 1 month. My concern is, her employer is aware that her PR will expire soon. I am sure that they can tell my wife not to go to work until she gets her new card. Can I call NSC or USCIS to give me something to show her pending application so they will let my wife work? If somebody has similar situation, pls share. Thanks

[meredith pa 0]

Hi,

when I filled mine, soon enough they sent me the Letter of Extension for one year, for my GC!

I'm with Vermont.

So, you can send the employer a copy of that letter...

I would do that.

[meauxna 15]

All,

I recently filed the I-751 packet for my wife, and her 2 year PR card is going to expire in 1 month. My concern is, her employer is aware that her PR will expire soon. I am sure that they can tell my wife not to go to work until she gets her new card. Can I call NSC or USCIS to give me something to show her pending application so they will let my wife work? If somebody has similar situation, pls share. Thanks

Her employer may NOT tell her she can't work; she can, and they are not to say a thing about it.

About Form I-9, Employment Eligibility Verification

“GREEN CARDS”

The terms Resident Alien Card, Permanent Resident Card, Alien Registration Receipt Card, and Form I-551 all refer to documentation issued to an alien who has been granted permanent residence in the U.S.. Once granted, this status is permanent. However, the document that an alien carries as proof of this status may expire. Starting with the “pink” version of the Resident Alien Card (the “white” version does not bear an expiration date), and including the new technology Permanent Resident Cards, these documents are valid for either two years (conditional residents) or ten years (permanent residents). When these cards expire, the alien cardholders must obtain new cards. An expired card cannot be used to satisfy Form I-9 requirements for new employment. Expiration dates do not affect current employment, since employers are neither required nor permitted to re-verify the employment authorization of aliens who have presented one of these cards to satisfy I-9 requirements (this is true for conditional residents as well as permanent residents). Note: Even if unexpired, “green cards” must appear genuine and establish identity of the cardholder.

Also useful, but may be superceded by an unknown memo:

Extension of Status for Conditional Residents with Pending Forms I-751, Petition to Remove Conditions on Residence

Documenting a Conditional Resident’s Status

According to the regulations at 8 CFR 216.4(a)(1), “Upon receipt of a properly filed Form I-751, the alien’s conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition.” Thus, any conditional resident who has filed a Form I-751 remains a conditional resident until a decision is made on his or her Form I-751. Such conditional resident is eligible to receive evidence of his or her conditional resident status.

If a conditional resident whose I-551 has expired and whose I-797 has “expired” or is about to “expire” requests documentation of his or her status for travel or employment purposes, the Bureau of Citizenship and Immigration Services (BCIS) officer who is processing this request should first check MFAS. If the Form I-751 is still pending, the BCIS officer should collect the expired Form I-551 and issue either:

• A temporary I-551 stamp with a 12-month expiration date in the conditional resident’s unexpired, foreign passport (if the expiration date of the passport is one year or more); or

• If the conditional resident is not in possession of an unexpired foreign passport, a Form I-94 (arrival portion) containing a temporary I-551 stamp with a 12-month expiration date and a photograph of the conditional resident.

[mario2 0]

Thanks for the info.

I will see if they send my wife an extension while the I751 is still pending.