I-751 case pending after 180 days extension affect work authorization

[elisa.lin 0]

Hi,

I filed my i-751 case and the case was received on 9/28/2018. So my work authorization should be expired after 180 days, which was 4/28/2020. Due to COVID 19, I was not able to request a work authorization extension. I had the concern whether I can continue to work in May, and some one replied with yes. But now it's almost September, and I still haven't heard any updates on my case. Am I able to work? 

[Venus201320 143]

1 minute ago, elisa.lin said:

Hi,

I filed my i-751 case and the case was received on 9/28/2018. So my work authorization should be expired after 180 days, which was 4/28/2020. Due to COVID 19, I was not able to request a work authorization extension. I had the concern whether I can continue to work in May, and some one replied with yes. But now it's almost September, and I still haven't heard any updates on my case. Am I able to work? 

If your a permanent resident or if your a conditional permanent resident (with a pending I-751) your employer cannot reverify you if you presented your unexpired green card when you first got hired and did your I-9 paperwork. To answer your question “Yes” you can continue working because your permanent resident status itself doesn’t expire just because your green card expires. Now if you get a new job you will need to show proof of legal status for I-9 purposes. You need to call USCIS and request a Infopass appointment to get a Temporary I-551 stamp in your passport. They will setup a in person appointment at your local uscis office. They will only schedule an appointment if it’s considered “Urgent Emergency” (like driver’s license expired or need for work verification or travel). 

[Scandi 4,178]

There is no specific work authorization connected to the i-751. There is an extension letter that extends the proof of your status with 18 months, but that's it. And that letter is only proof of your status, it's not the status itself, so when it expires you still have the same status as you did before you filed.

[HRQX 4,145]

1 hour ago, elisa.lin said:

Hi,

I filed my i-751 case and the case was received on 9/28/2018. So my work authorization should be expired after 180 days, which was 4/28/2020. Due to COVID 19, I was not able to request a work authorization extension. I had the concern whether I can continue to work in May, and some one replied with yes. But now it's almost September, and I still haven't heard any updates on my case. Am I able to work? 

Just to verify, you already have a conditional Green Card? If yes, was is the card's listed expiration date?

[elisa.lin 0]

4 minutes ago, HRQX said:

Just to verify, you already have a conditional Green Card? If yes, was is the card's listed expiration date?

yes, I already had a conditional green card but it is expired on 10/27/2018

[elisa.lin 0]

20 minutes ago, Scandi said:

There is no specific work authorization connected to the i-751. There is an extension letter that extends the proof of your status with 18 months, but that's it. And that letter is only proof of your status, it's not the status itself, so when it expires you still have the same status as you did before you filed.

so the 18 months extension ends on 4/28/2020, which means I'm no longer able to work? 

[elisa.lin 0]

56 minutes ago, Venus201320 said:

If your a permanent resident or if your a conditional permanent resident (with a pending I-751) your employer cannot reverify you if you presented your unexpired green card when you first got hired and did your I-9 paperwork. To answer your question “Yes” you can continue working because your permanent resident status itself doesn’t expire just because your green card expires. Now if you get a new job you will need to show proof of legal status for I-9 purposes. You need to call USCIS and request a Infopass appointment to get a Temporary I-551 stamp in your passport. They will setup a in person appointment at your local uscis office. They will only schedule an appointment if it’s considered “Urgent Emergency” (like driver’s license expired or need for work verification or travel). 

that's good to know. The situation becomes more complicated. I'm so worry about my employer requested me to provide further documentation....

[HRQX 4,145]

29 minutes ago, elisa.lin said:

I'm so worry about my employer requested me to provide further documentation....

If they do, refer them to the I-9 manual: https://www.uscis.gov/i-9-central/complete-correct-form-i-9/completing-section-3-reverification-and-rehires

Employers should not reverify:

• U.S. citizens and noncitizen nationals
• Lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2. This includes conditional residents.
• List B documents

 

For a new employer, do you have a valid state-issued Driver's License or ID and an unrestricted SSN card? https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents

Edited August 31, 2020 by HRQX