Does I-90 receipt due to DHS error extend validity of green card?

[hammanta 0]

Hello all, 

 

My wife and I have a complicated situation. She was incorrectly given a cr1 visa instead of an IR1 visa when she entered the country 2 years ago. I realized this mistake a month before her expiration date thankfully and applied for an I-90 due to DHS error to save us the $700 plus fee. She's gone for biometrics but now her CR1 is expired and we still have not received any notice about her case other than "in processing." By advice we contacted USCIS regarding an ADIT stamp, however my wife is starting a new job this coming week which requires I-9 verification. Really just wanted to know if I90 receipt notice extends the green card by 36 months as it does for renewals? We have not received an I-797. Thanks again for any help 

Edited February 1 by hammanta

[pushbrk 13,332]

  On 2/1/2025 at 9:08 PM, hammanta said:

Hello all, 

 

My wife and I have a complicated situation. She was incorrectly given a cr1 visa instead of an IR1 visa when she entered the country 2 years ago. I realized this mistake a month before her expiration date thankfully and applied for an I-90 due to DHS error to save us the $700 plus fee. She's gone for biometrics but now her CR1 is expired and we still have not received any notice about her case other than "in processing." By advice we contacted USCIS regarding an ADIT stamp, however my wife is starting a new job this coming week which requires I-9 verification. Really just wanted to know if I90 receipt notice extends the green card by 36 months as it does for renewals? We have not received an I-797. Thanks again for any help 

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If you got a notice for biometrics, what does it say?  All notices are I-797.  What is important is the notice type, and what the notice says

 

[Boiler 46,661]

Oops misread it

Edited February 1 by Boiler

[Ryan H 3,851]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.

[milimelo 4,597]

If she has a valid drivers license and unrestricted SSN card, that's all you need for employment purposes. EMPLOYEE not employer decides which documents to provide for I-9 form. 

[hammanta 0]

  On 2/1/2025 at 9:54 PM, pushbrk said:

If you got a notice for biometrics, what does it say?  All notices are I-797.  What is important is the notice type, and what the notice says

 

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Thank you for the reply. It was a form I797C regarding biometrics, however from what I can tell, it does not mention anything about extending the green card. I t simply talks about what to do if you need to reschedule or cannot make the appointment and what to bring. 

[OldUser 8,632]

@hammanta does she have valid state ID or Driver's License and Social Security Card without wording "Valid for work only with DHS authorization?". If yes, that's all she needs for I-9. Employer cannot demand to see GC, it's illegal. Don't ever show GC to employer, it never helps.

 

[hammanta 0]

  On 2/2/2025 at 9:26 AM, milimelo said:

If she has a valid drivers license and unrestricted SSN card, that's all you need for employment purposes. EMPLOYEE not employer decides which documents to provide for I-9 form. 

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Unfortunately she does not have a drivers license. She does however have an unrestricted SSN Card.

[OldUser 8,632]

  On 2/2/2025 at 3:59 PM, hammanta said:

Unfortunately she does not have a drivers license. She does however have an unrestricted SSN Card.

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That's sad. Getting DL / ID should have been a priority, especially with invalid GC that would expire soon...

Make sure she gets it once correct GC is issued.

 

For now she's in hands of person perfoming I-9. Hopefully they'll take I-90 into account, though it should extend 10 year GC, not 2 year GC. Good luck

Edited February 2 by OldUser