I-751 Filers (September 2018)

[Miki28 91]

4 minutes ago, Pennycat said:

Yeah, again their reasons are neither here nor there really, because it is the execution that makes a difference. And the difference between the states is nuts. They should at least be required to have the same standard, and the federal government should help them establish that standard. Like with employment eligibility, as you'll see in my long response to Goldfish above, the guidance specifically says that employers CANNOT re-verify green cards, and the reason is specifically THIS. That expiration dates don't reflect legal status in THIS instance (visas etc often do). So states are going above and beyond what the federal government even requires just because they simply don't get the issues. It is dumb, and completely unfair.

 

And no, this is not your fault at all. There is a window for a reason and you shouldn't be expected to be better than USCIS is just because they're backlogged so that you aren't punished by an unfair (and possibly illegal) law. Anyway, that's my rant.

 

For practical purposes: are you going to need that DL in two weeks?  Maybe call the Military Helpline: We have established a toll-free Military Help Line exclusively for members of the military and their families: 877-CIS-4MIL (877-247-4645). For more information, see the Military Help Line page. I have found it is best to be direct with them, leave out details. Say, my conditional green card's expiration is coming up on (this date). I have already applied to remove conditions. However, USCIS has not sent me my receipt I-797 from the application yet. This would not normally be a problem, but Georgia has set my DL expiration to be the same day as my green card expiration and will not renew it without the I-797. My legal status will not lapse, I just cannot provide the required paperwork to Georgia because USCIS won't provide it to me". 

 

I would also take this to my Congressman and state representatives but I go on the warpath about such things for sport (in seriousness, our DMV messed up with my husband's state ID so badly that I now have the direct line to the DMV Commissioner of the whole state and when we went in for his driver's test, we skipped the line, went right to the manager, who was expecting us becasue after the FORTH time they wouldn't take his green card because it wasn't good enough "proof of legal presence" I pulled every trick in the book and sincerely hope I got some people fired). 

 

 

I just need to be able to drive. I have a 10 month old son, so I need to be able to get around, his doctor’s appointments, my family is coming for a visit so I have to be able to go drive to Atlanta and pick them up. I can’t depend on my husband in any way because he is at work all day long and you know, duty comes first, that’s how it is. 

I literally have NO valid document other than my military ID. My documents from the Czech Republic all expired because they finally issued me paperwork (after MONTHS of waiting) which reflects my married last name. I have an appointment to get my new passport but that’s next month (I had to go off my husband’s availability since we have to travel to D.C) but that takes up to 120 days to be issued to you. It’s a mess all around. I called the military line today. I will give it another week and call back. 

 

I wanted to send my ROC ASAP but then we talked about it and decided to wait until we move given the simple fact they still sent paperwork to wrong address. I just was scared filling for our last address and then changing it to this one would mess the process up because we all know how they are. 

[Goldfish123 38]

29 minutes ago, Pennycat said:

You really, really don't. Have they been asking? They are not allowed to reverify the green card (for this exact issue, really). This link is for employers to understand what to do when EAD expires but note this at the bottom:

 

Here is the quote and the link to the I-9 guidance:

 

 

Also, all you need is a driver's licence and a social security card that does not have the restriction on it (that is Column B plus Column C on the I-9, I am posting a screen shot below).

 

If your Social Security card still has "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" on it, you can (and should) go to the SSA office and get a new one. That is going to be much much easier than fighting USCIS for your NOA1. 

 

But even still. They do not need to and *are not allowed to* ask to re-verify your green card. If they are bothering you about it, take it to HR.

 

Thanks for sharing this info..

I'll chk with them with regards to this..!!!

[Pennycat 880]

1 minute ago, Miki28 said:

I just need to be able to drive. I have a 10 month old son, so I need to be able to get around, his doctor’s appointments, my family is coming for a visit so I have to be able to go drive to Atlanta and pick them up. I can’t depend on my husband in any way because he is at work all day long and you know, duty comes first, that’s how it is. 

I literally have NO valid document other than my military ID. My documents from the Czech Republic all expired because they finally issued me paperwork (after MONTHS of waiting) which reflects my married last name. I have an appointment to get my new passport but that’s next month (I had to go off my husband’s availability since we have to travel to D.C) but that takes up to 120 days to be issued to you. It’s a mess all around. I called the military line today. I will give it another week and call back. 

 

I wanted to send my ROC ASAP but then we talked about it and decided to wait until we move given the simple fact they still sent paperwork to wrong address. I just was scared filling for our last address and then changing it to this one would mess the process up because we all know how they are. 

 

That is exactly why I think you should contact the military liaison folks ASAP. What will likely happen is they'll need you to sign a privacy release which may be a bit of a pain but worth it. 

 

What I think the deal is I think that they, like Congress, have a private line to USCIS (or maybe they share a line I am not sure). On the other end of the line is an actual USCIS employee with actual authority (not these $9/hr contractors on the Misinformation Line-- their whole job is to get you off the phone, I have written proof of this somewhere). They can get stuff done, and fast. 

 

Again, your delaying mailing ROC is completely valid and even if you just said "I didn't feel like going to the post office" that's fine too. I think leaving 5 weeks for them to mail you a simple receipt is more than reasonable. Again, yes, we all KNOW that USCIS is a mess but at some point, we can't be expected to overcompensate for their failures. It is ok to expect them to deliver the service you're paying hundreds of dollars for. Don't even bring up your "delay". Just tell them what said above, and hopefully they'll get on it quickly.

[Pennycat 880]

Just now, Goldfish123 said:

Thanks for sharing this info..

I'll chk with them with regards to this..!!!

Ok, just know if they fire you or otherwise punish you over the green card expiration, you can sue the pants off of them. I wouldn't start with that line (or, well I personally might but I am a serious witch sometimes haha), but you are in the right here. For sure.

 

Another VJ member's husband had his HR trying to reverify his green card and they had the same issue with a delayed NOA1 and he took the I-9 guidance to HR and they realized their mistake and were really embarrassed (like, seriously, this is not legal of them).

[Nikitka85 8]

@Miki28 just FYI when I applied for a new passport after name change, it only took a month. My embassy is in Chicago, although the lady said that processing time depends on your  Czech regional office since it’s all done electronically. My office is in Ostrava and they are pretty quick 🙂

[Miki28 91]

Just now, Nikitka85 said:

@Miki28 just FYI when I applied for a new passport after name change, it only took a month. My embassy is in Chicago, although the lady said that processing time depends on your  Czech regional office since it’s all done electronically. My office is in Ostrava and they are pretty quick 🙂

Well, hopefully mine will be just as quick. Thanks for the info, it’s greatly appreciated! ❤️

[changbaihou 125]

General, our I-751 cases will be approved at the 4 national USCIS centers or will be transferred to our local USCIS office then will be approved over there?
Anybody can give a help? Thanks!
 

[londongal 17]

UPDATE - I just received my package returned and rejected in the post - saying it was missing page 4.

I definitely would not have left it out so I'm assuming they lost it.

Now that I have to resend it- how do I attach that electronic notification form?

[vpalermo85 62]

1 hour ago, changbaihou said:

General, our I-751 cases will be approved at the 4 national USCIS centers or will be transferred to our local USCIS office then will be approved over there?
Anybody can give a help? Thanks!
 

Basically this is the 'new' process.

 

1) All applications will be filed at either lockbox in Arizona or Texas

2) Lockbox does intake of the forms and transfers it to either: Texas, Vermont, Nebraska, or California

3) NOA is issued by the assigned service center the case is transferred to

4) Biometrics letter is then issued.

 

So on and so forth

[Pennycat 880]

7 minutes ago, londongal said:

UPDATE - I just received my package returned and rejected in the post - saying it was missing page 4.

I definitely would not have left it out so I'm assuming they lost it.

Now that I have to resend it- how do I attach that electronic notification form?

Crazy, but good that you have an answer and course of action to take (and yes, I'd bet they lost it somehow).

 

As for the electronic notification form...

https://www.uscis.gov/i-751 Under "special instructions"  it says: 

 

Quote

E-Notification: If you want to receive an e-mail and/or a text message that your Form I-751 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your petition.

 

[londongal 17]

10 minutes ago, londongal said:

UPDATE - I just received my package returned and rejected in the post - saying it was missing page 4.

I definitely would not have left it out so I'm assuming they lost it.

Now that I have to resend it- how do I attach that electronic notification form?

I found it!

[desiring_dream18 18]

@londongal was your check cashed?did they send it back to you?

[Nikitka85 8]

Interesting. Just called USCIS all full of hope aaaand even though my check is cashed, there is no receipt number yet. Annoying. “Just wait another week or two.” What the heck?! Very organized - active enough to find and cash checks but not to assign receipt numbers..

 

Oh well...back to waiting. Have a good evening everyone.

[dhman06 4]

Just got my I-797 rejection notice due to a stupid mistake I made and I think this can be a very good lesson for other VJ members as well. Somehow I filled out an outdated I-751 form. The form that I filled out expired on December 2017. I had an old copy, but I didn't realize I inadvertently submitted that one instead of the new copy that I downloaded from USCIS website and filled out. Just FYI for all -  I-751 has an expiration date on top right corner, it says EXPIRES MM/DD/YY. Painful lesson, but the good thing is it doesn't seem like it's a complete rejection. There's a green letter with I-797 Reject Notice that invited me to resubmit my application. There are receipt number (EACXXXXXXXXXX) and original application acceptance date and time on all of the evidences that I originally sent out. Just finished up the correct I-751 and will be sending that out first thing tomorrow morning. 

Edited October 4, 2018 by dhman06

[Miki28 91]

Should anyone need this info. 

 

I asked what to do should the extension letter not come in time for me to renew my DL. She said to make an infopass and and that they will stamp my GC (I told her my passport was expired). So I am going to make an infopass ASAP and cancel it if somehow the extension letter gets here in time.