Work Authorization During Removal of Conditions

[ilikepotatoes 57]

I just saw something on Reddit that I found concerning. Someone stated that while the I-751 is being processed, you can still work at your current place of employment, but you can’t switch jobs because you don’t have any proof of authorization to work in the US? This doesn’t seem reasonable or accurate but I just had to ask, because my husband is a foreign medical graduate working on his licensing exams. If the above is true it would severely delay his ability to apply for residency when the time comes, and he’d just be stuck at his current job for lord knows how long. Anyone have an answer for this? Can he still stay with me here in the US while this is all being processed? I’m a huge worrier and just terrified at the thought of not being together. And googling doesn’t help my worries lol

[D-R-J 192]

If he is filling an I-9 document he should use state ID and Social Security card (which should be unrestricted). This way nobody has any idea about immigration status.

[Boiler 45,467]

Was it horribly downvoted?

[IWander 589]

My wife switched and showed her expired card and extension notice.  Easy peasy.

[ilikepotatoes 57]

1 minute ago, IWander said:

My wife switched and showed her expired card and extension notice.  Easy peasy.

Thank you so much! That’s great to hear!

[ilikepotatoes 57]

5 minutes ago, Boiler said:

Was it horribly downvoted?

The Reddit post?? Everyone seemed to agree with the user which just scared me more 😂

[Boiler 45,467]

1 minute ago, ilikepotatoes said:

The Reddit post?? Everyone seemed to agree with the user which just scared me more 😂

Odd, please post the link.

[ilikepotatoes 57]

29 minutes ago, Boiler said:

Odd, please post the link.

https://www.reddit.com/r/immigration/comments/m1q3ya/am_i_still_allowed_to_staywork_in_the_us_while/
 

The part that worried me was:

 

“Yes, she can work while an I-751 is pending. Just because a green card is expired doesn't mean you aren't a permanent resident. However, the tricky part of this is that you can't start new employment (this was told to me by my husband's immigration lawyer) but you can continue employment if you're already employed somewhere when it expires. I hope that makes sense. I believe you can't start employment once the green card has expired and while the I-751 is pending because you have no proof that you have work authorization. The I-797 receipt you get of course says it extends your status but I don't believe it satisfies I-9 requirements for an employer when you start.”

 

idk if I was just misunderstanding what the user meant, but there it is lol. 

[Boiler 45,467]

Employers or their authorized representative must complete and sign Section 2 within three business days after the employee's first day of employment, and must physically examine, or examine consistent with an alternative procedure authorized by the Secretary of DHS, documentation from List A OR a combination of documentation from List B and List C. Enter any additional documentation in the Additional Information box; see Instructions.

 

Pretty sure last time I used my SSN and DL. Just easier.

 

So yes horribly wrong. Mind you it was from 3 years ago.

[ilikepotatoes 57]

17 minutes ago, Boiler said:

Employers or their authorized representative must complete and sign Section 2 within three business days after the employee's first day of employment, and must physically examine, or examine consistent with an alternative procedure authorized by the Secretary of DHS, documentation from List A OR a combination of documentation from List B and List C. Enter any additional documentation in the Additional Information box; see Instructions.

 

Pretty sure last time I used my SSN and DL. Just easier.

 

So yes horribly wrong. Mind you it was from 3 years ago.

Well thank you for taking the time to respond and also look at that post on Reddit. I have an overactive imagination that had me thinking my husband would somehow be made to leave the country or something horrible like that lol. Feeling so much better now. I appreciate it!

[OldUser 6,633]

@ilikepotatoes you can absolutely switch jobs during I-751. I switched mine without any issue. Just use DL + unrestricted SS card as @D-R-J suggested.

[PaulaCJohnny 713]

 

1) I-9 form are filled every year. So you will need to show proof of status (green card, extension letter etc), independent of new or old job. I know because I had to do it.

2) A person in the process to status is still a legal resident 

3) Reddit is far from a reliable source. Next time just go to the USCIS to confirm any information.

 

Good luck

[OldUser 6,633]

7 minutes ago, PaulaCJohnny said:

 

1) I-9 form are filled every year. So you will need to show proof of status (green card, extension letter etc), independent of new or old job. I know because I had to do it.

 

That's strange. I never heard of this requirement. And never faced it. Not every year. When switching jobs - yes. When document expires - yes.

[Dashinka 24,488]

6 hours ago, ilikepotatoes said:

https://www.reddit.com/r/immigration/comments/m1q3ya/am_i_still_allowed_to_staywork_in_the_us_while/
 

The part that worried me was:

 

“Yes, she can work while an I-751 is pending. Just because a green card is expired doesn't mean you aren't a permanent resident. However, the tricky part of this is that you can't start new employment (this was told to me by my husband's immigration lawyer) but you can continue employment if you're already employed somewhere when it expires. I hope that makes sense. I believe you can't start employment once the green card has expired and while the I-751 is pending because you have no proof that you have work authorization. The I-797 receipt you get of course says it extends your status but I don't believe it satisfies I-9 requirements for an employer when you start.”

 

idk if I was just misunderstanding what the user meant, but there it is lol. 

If a new employer would not accept the expired GC and I797 extension letter as valid proof of LPR status as shown in things like the CBP Carrier Guide.  One could always get an ADIT stamp for valid proof of LPR status.  I don’t frequent Reddit, but this just seems like someone’s opinion.  Maybe they had a difficult employer that needed education, or something like that.  Regardless, there are ways an LPR going through ROC with an expired GC to show proof of LPR status.

[Crazy Cat 41,836]

9 hours ago, ilikepotatoes said:

 but you can’t switch jobs because you don’t have any proof of authorization to work in the US? 

That is inaccurate.  The extension letter and expired Green cards are evidence of work authorization and legal residence...Further evidence would be an ADIT stamp in passport.  You also have an unrestricted SS Card.

Edited December 18, 2023 by Crazy Cat