Couple of questions about ROC (Removal of Condition) (I-751)

[Mrs. Cristiano 42]

Hi everyone!

 

I know, I know.. I just got my GC this February 2022 and started to work on April 2022. But this is just who I am. Preparing everything loooong time before things happened.

I have couple of questions regarding ROC (I-751) :

 

1. As I stated above, my GC was issued on Feb 2022 (02/03/2022), what date should I deliver my (I-751) package so USCIS will receive it on time, won't be too early nor too late ?

2. I never get a combo card. Only GC (Even though I filed it together with my AOS). Do I have to quit my job at some point ?? because I think I won't be able to have my 10 years GC on hand on time. Before my 2 years expired (based on people's ROC timelines)

3. Do I have to apply for I-765 ? Again because I never get that. Straight to GC only.

4. Or is there such a thing like extension letter issued by USCIS so I will be able to show it to my employer to keep by job ? if so, will my employer accept it since it not the actual GC.

 

So far, that's all of the questions I could think about. I will bother you guys again if I have more questions.

 

Thank you soooo much in advance. I appreciate it. ❤️ ❤️ ❤️

 

Edited August 12, 2022 by Mrs. Cristiano

[Crazy Cat 41,850]

1.  I would mail it when the window opens (not even one day before)... 90 days prior to the conditional card expiration.

2.  Your Green Card is full authorization to work.  It superseded the EAD.

3.  No.  See #2 above.

4.  See #2 above.  You are fully authorized to work in the US as a Green Card holder.

[Mrs. Cristiano 42]

2 minutes ago, Crazy Cat said:

1.  I would mail it when the window opens (not even one day before)... 90 days prior to the conditional card expiration.

2.  Your Green Card is full authorization to work.  It superseded the EAD.

3.  No.  See #2 above.

4.  See #2 above.  You are fully authorized to work in the US as a Green Card holder.

Hi!! Thank you for answering. I know that GC could act as a full authorization to work. I was talking about when it's nearly expired and I won't get the renewal on time, what should I do to keep my job with an expired GC ?

[Verrou 1,962]

4 minutes ago, Mrs. Cristiano said:

Hi!! Thank you for answering. I know that GC could act as a full authorization to work. I was talking about when it's nearly expired and I won't get the renewal on time, what should I do to keep my job with an expired GC ?

receipt letter of i-751 will act as extension

u already have your GC, forget about EAD + AP ( Combo) u dont need it anymore. combo card only useful when u havent receive ur GC. 

Edited August 12, 2022 by Misscloud

[Crazy Cat 41,850]

7 minutes ago, Mrs. Cristiano said:

Hi!! Thank you for answering. I know that GC could act as a full authorization to work. I was talking about when it's nearly expired and I won't get the renewal on time, what should I do to keep my job with an expired GC ?

Your status does not expire when the 2 year card does.  Your authority to work does not expire. Your extension letter will extend the expiration date of the card for 2 years.  The extension letter explains that.  Even if the extension letter expires, your status does not expire.  At that point, you can make an appointment at USCIS for an ADIT stamp.  But that is a long time from now.

You are a legal resident.  You do not need an EAD...

Edited August 12, 2022 by Crazy Cat

[Mrs. Cristiano 42]

1 minute ago, Misscloud said:

receipt letter of i-751 will act as extension

u already have your GC, forget about EAD + AP ( Combo) u dont need it anymore. combo card only useful when u havent receive ur GC. 

Will that extension mostly accepted by employers ?

[SteveInBostonI130 3,447]

Just now, Mrs. Cristiano said:

Hi!! Thank you for answering. I know that GC could act as a full authorization to work. I was talking about when it's nearly expired and I won't get the renewal on time, what should I do to keep my job with an expired GC ?

 

What @Crazy Cat is stating is that you are a GC holder.  You are a permanent resident.  You are not a temporary resident.  The expiry date on your GC does not cancel your permanent resident status - that can only happen if you voluntarily relinquish your residency or if an immigration court cancels it.  The extension letter you get from filing the I-751 is proof to show others, like your employer, if they ask.

 

December and January are 31 day months.   Therefore, the 90 day window begins on 11/05/23 for you.

[Crazy Cat 41,850]

4 minutes ago, Mrs. Cristiano said:

Will that extension mostly accepted by employers ?

It is a legal document issued by USCIS.  If they refuse it, they need to be educated by you or your attorney. 

Edited August 12, 2022 by Crazy Cat

[Verrou 1,962]

6 minutes ago, Mrs. Cristiano said:

Will that extension mostly accepted by employers ?

yes. it valid and legal. 

[Mrs. Cristiano 42]

7 minutes ago, Crazy Cat said:

Your status does not expire when the 2 year card does.  Your authority to work does not expire. Your extension letter will extend the expiration date of the card for 2 years.  The extension letter explains that.  Even if the extension letter expires, your status does not expire.  At that point, you can make an appointment at USCIS for an ADIT stamp.  But that is a long time from now.

You are a legal resident.  You do not need an EAD...

Thank you so much for your eye opening answers. Have a great weekend!

Just now, Misscloud said:

yes. it valid and legal. 

Thank you!! ❤️

 

4 minutes ago, Crazy Cat said:

It is a legal document issued by USCIS.  If they refuse it, they need to be educated by you or your attorney. 

Gotcha

[Mrs. Cristiano 42]

7 minutes ago, SteveInBostonI130 said:

 

What @Crazy Cat is stating is that you are a GC holder.  You are a permanent resident.  You are not a temporary resident.  The expiry date on your GC does not cancel your permanent resident status - that can only happen if you voluntarily relinquish your residency or if an immigration court cancels it.  The extension letter you get from filing the I-751 is proof to show others, like your employer, if they ask.

 

December and January are 31 day months.   Therefore, the 90 day window begins on 11/05/23 for you.

Awesome! U even counted it for me. Thank you!!

[OldUser 6,660]

12 minutes ago, Mrs. Cristiano said:

Will that extension mostly accepted by employers ?

Depending on the state and employer, you may not even need to show Green Card. I changed job in California and all I had to submit was local driver's license and Social Security card with removed restrictions (e.g. no wording such as VALID FOR WORK ONLY WITH DHS AUTHORIZATION). No questions were asked about card, extenstions etc because this was good enough proof (SS card + ID).

Edited August 12, 2022 by OldUser

[Mrs. Cristiano 42]

10 minutes ago, OldUser said:

Depending on the state and employer, you may not even need to show Green Card. I changed job in California and all I had to submit was local driver's license and Social Security card with removed restrictions (e.g. no wording such as VALID FOR WORK ONLY WITH DHS AUTHORIZATION). No questions were asked about card, extenstions etc because this was good enough proof (SS card + ID).

That makes sense. It's gonna be depends on each company's policy. Thank you!

[Crazy Cat 41,850]

4 minutes ago, Mrs. Cristiano said:

It's gonna be depends on each company's policy.

and their understanding of (or lack thereof) the law.

[Chancy 6,241]

57 minutes ago, Mrs. Cristiano said:

It's gonna be depends on each company's policy.

 

Except for jobs that require US citizenship (like certain federal government jobs), it is illegal for your employer to demand one specific document to verify your authorization to work.  If it is your company's policy to demand to see your green card specifically (instead of your unrestricted SSN card + valid DL, for example), they are breaking the law.  Know your rights as an employee here -- https://www.uscis.gov/i-9-central/employee-rights-and-resources/employee-rights