I-797 Letter and Working

[csh2020 10]

We are filing the I-751 for remove conditions on my wife's CR-1 visa. We understand that we will receive a I-797 that will extend her expiration for 18 months while they are processing the request. So, can she work and travel with the letter and her expired visa? Or does she first need a stamp in her passport? Thanks for helping us understand the I-797. Have a great day. 

Edited September 29, 2020 by csh2020

[Crazy Cat 42,035]

Her status continues....the expiration date of her card is extended for the 18 months.   She will need the letter along with the expired Green card for travel (re-entering the US).  She can work.

Edited September 29, 2020 by Lucky Cat

[mindthegap 2,599]

28 minutes ago, csh2020 said:

We are filing the I-751 for remove conditions on my wife's CR-1 visa. 

It is not a visa. She is a permanent resident, and it is a permanent resident card.

 

28 minutes ago, csh2020 said:

So, can she work and travel with the letter and her expired visa?

Yes, and yes.

 

29 minutes ago, csh2020 said:

Or does she first need a stamp in her passport? 

No.

[csh2020 10]

Just now, mindthegap said:

It is not a visa. She is a permanent resident, and it is a permanent resident card.

 

Yes, and yes.

 

No.

Thanks for the correction. Resident card not visa. The language is confusing. I actually used the word, "Green Card" with the USCIS representative on the phone today but quickly corrected myself. As everyone here can understand, this is pretty stressful, especially in light of the pending changes (fee increases). 

[norman89 0]

Hi All, I have a follow up question and related situation:

 

My wife's i-797 is about to expire in 12 days. We're very concerned about whether or not she's allowed to continue working in the US legally, and if she is allowed to travel, while we continue to wait for our i-751 to be processed. For reference we filed our i-751 in December of 2019!!! And we've been waiting since then to receive any notification of action or a request for interview, my wife had her fingerprints taken in January of 2020.

 

Please advise! We've gotten some concerning and conflicting information from the USCIS today, who we were able to reach on the phone. Any help or further information is greatly appreciated.

[USC4SPOUSE 506]

2 minutes ago, norman89 said:

Hi All, I have a follow up question and related situation:

 

My wife's i-797 is about to expire in 12 days. We're very concerned about whether or not she's allowed to continue working in the US legally, and if she is allowed to travel, while we continue to wait for our i-751 to be processed. For reference we filed our i-751 in December of 2019!!! And we've been waiting since then to receive any notification of action or a request for interview, my wife had her fingerprints taken in January of 2020.

 

Please advise! We've gotten some concerning and conflicting information from the USCIS today, who we were able to reach on the phone. Any help or further information is greatly appreciated.

@norman89 while the extension letter is about to expire, your wife continues to be a permanent resident of the US. Her employer does not need to reverify her eligibility for employment. She can just continue working. 

If USCIS waived her AOS interview, then you are looking at having an interview for ROC. Where is the petition right now? 

 

These are the current processing times. 

[norman89 0]

Thanks so much for your quick reply to my questions! That's reassuring to hear, we just spoke to USCIS and they suggested over the phone that she's not allowed to continue working once form i-797 expires!  Can you believe that?!

 

What about travel once form i797 expires for us in about two weeks? I understand there's a stamp she can get in order to leave and reenter the country while we continue to wait for i751 to be processed? Is that accurate?

 

I am not sure if the interview has been waived, from what I understand we're waiting to be called for an interview, and we reside in New York.

[USC4SPOUSE 506]

12 minutes ago, norman89 said:

Thanks so much for your quick reply to my questions! That's reassuring to hear, we just spoke to USCIS and they suggested over the phone that she's not allowed to continue working once form i-797 expires!  Can you believe that?!

 

What about travel once form i797 expires for us in about two weeks? I understand there's a stamp she can get in order to leave and reenter the country while we continue to wait for i751 to be processed? Is that accurate?

 

I am not sure if the interview has been waived, from what I understand we're waiting to be called for an interview, and we reside in New York.

You have to keep in mind that tier 1 and tier 2 agents are not USCIS officers. They're contractors who are trained to answer questions. You might have gotten a new one.

I know that from having to call many times during my spouse's AOS. 

What the agent said is not correct. Your wife does not have to quit her job and it is not legal for her current employer to re-verify her. She can just continue working. 

 

I would call USCIS to schedule an appointment at your local office to request the I-551 stamp. The stamp is for all purposes proof of her permanent resident status. USCIS usually gives it out for a year. The only give those appointments if your extension is expiring within 30 days. Now would be a good time to schedule it. 

 

Interview - if your wife came on k-1, and did not have an AOS interview, then you will have an interview for ROC. That's the current guidance effective 12/10/2018. Had they waived the interview, you would have gotten the green card or some status update letting you know that she had been approved. 

[mindthegap 2,599]

2 hours ago, norman89 said:

My wife's i-797 is about to expire in 12 days. We're very concerned about whether or not she's allowed to continue working in the US legally,

Yes

2 hours ago, norman89 said:

and if she is allowed to travel, while we continue to wait for our i-751 to be processed.

DO NOT leave the US with an expired extension letter without having obtained an i-551 stamp.

If you do, it will require you to visit an embassy overseas and pay circa $650 for a boarding foil to enable boarding back to the US. You will be in a world of pain, so just don't do it. 

 

2 hours ago, norman89 said:

Please advise! We've gotten some concerning and conflicting information from the USCIS today, who we were able to reach on the phone.

 

They are f****ing idiots, thats why. 

 

2 hours ago, norman89 said:

 we just spoke to USCIS and they suggested over the phone that she's not allowed to continue working once form i-797 expires! 

Not correct. See above.

 

2 hours ago, norman89 said:

What about travel once form i797 expires for us in about two weeks? I understand there's a stamp she can get in order to leave and reenter the country while we continue to wait for i751 to be processed? Is that accurate?

 

An I-551 isn't just a stamp to leave and re-enter. It is a temporary proof of permanent resident status in the absence of a physical card, and is simply a stamp version of a permanent resident card. It clearly has 'employment authorized' in the stamp too, for the avoidance of any doubt. 

Again, DO NOT LEAVE the US without either a valid I-797 or having obtained the stamp.

Stamps are usually issued for twelve months, and yes, you will have to keep renewing as long as it is still pending.