Removal of Conditional Green Card & I-797C Timings

[harjog90 6]

My wife and I recently submitted her I-751 (7/20) and we read that the it normally takes 3-5 weeks to receive a I-797C. Her green card expires 9/5 so 5 weeks is getting close to the actual expiration. I think the risk is low, but in the event we don't receive the I-797C before the green card expires what should we do? Does she lose her status and can her employer let her go for not having valid work authorization? 

Edited July 26, 2019 by harjog90

[arken 4,197]

She doesn’t lose status but the employer has right to let her go citing no work authorization document till she gets the receipt notice.

[pushbrk 12,882]

34 minutes ago, arken said:

She doesn’t lose status but the employer has right to let her go citing no work authorization document till she gets the receipt notice.

When a conditional green card expires, the Conditional Resident status expires with it.  I doubt there's anything to worry about as long as the employer either is not paying attention or is made aware of the circumstances as needed.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Removing Conditions on Residency Discussion.

[KrisandNika 1]

You need to make an appointment to your local USCIS. Get an info pass. They will put a stamp on your wife’s passport to extend the validity of her stay until she gets her green card.

[harjog90 6]

 

8 hours ago, KrisandNika said:

You need to make an appointment to your local USCIS. Get an info pass. They will put a stamp on your wife’s passport to extend the validity of her stay until she gets her green card.

I had read that the for the I-551 stamp you need to take the I-797C letter with you at the USCIS office. In our case, we wouldn't have it.

Edited July 27, 2019 by harjog90

[harjog90 6]

On 7/25/2019 at 10:07 PM, pushbrk said:

When a conditional green card expires, the Conditional Resident status expires with it.  I doubt there's anything to worry about as long as the employer either is not paying attention or is made aware of the circumstances as needed.

Does that make her illegal until she receives the I-797C?

[Crazy Cat 41,845]

On 7/25/2019 at 8:00 PM, harjog90 said:

we read that the it normally takes 3-5 weeks to receive a I-797C.

My wife received her I-797 in 1 week....unless the package is rejected, I would expect it sooner than 5 weeks.

[cosmonauts 125]

3 hours ago, missileman said:

My wife received her I-797 in 1 week....unless the package is rejected, I would expect it sooner than 5 weeks.

Agreed! I haven't read it taking that long unless there's something wrong with your package! I received mine in one week also.

In any case, I was recently hired by a public school (April 2019) and I asked if I had to do/show anything when my green expires (Sept 2019) and the HR person told me no, that they don't check/keep track because I'm a resident. They keep track of that for student visas and such only but that might just be this institution.

[pushbrk 12,882]

10 hours ago, harjog90 said:

Does that make her illegal until she receives the I-797C?

Her status expired, so yes.

[AstroCanada 206]

9 minutes ago, pushbrk said:

Her status expired, so yes.

I don't think I would go that far.  She may not be able to prove her status without the paper in hand, but having already had the paperwork accepted before the expiration date , she's definitely not accruing illegal presence.  Let's not make anyone panic unnecessarily. 

 

If you do need to prove status for employment, driving license, or leaving the country before the simply make an InfoPass appointment.  Towards the end of the year last year it was taking 1 month+ to deliver receipts, so you'll find lots of posts about people doing that without their receipt in hand.

[pushbrk 12,882]

7 minutes ago, AstroCanada said:

I don't think I would go that far.  She may not be able to prove her status without the paper in hand, but having already had the paperwork accepted before the expiration date , she's definitely not accruing illegal presence.  Let's not make anyone panic unnecessarily. 

 

If you do need to prove status for employment, driving license, or leaving the country before the simply make an InfoPass appointment.  Towards the end of the year last year it was taking 1 month+ to deliver receipts, so you'll find lots of posts about people doing that without their receipt in hand.

Her legal status has expired.  You're distinction is noted and correct but it's a distinction without a difference, IMO.

[nyba717 7]

My husband received his extension letter within a week - I wouldn't worry about it - you should receive in plenty of time (unless package is rejected for any reason).