Jump to content
Anastassia

will I be able to work ?

 Share

24 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Poland
Timeline

Employer is asking what about my green card. The current one expires on January 18th, I haven't submitted any doc's yet. What will happen ? Will I be able to work when my temporary card expires ?

thanks

Ana

Link to comment
Share on other sites

Hi Anastasia....

"Legally" without filing for the I-751, your GC will expire on the designated date and you are supposed to leave the country as you no longer have resident status!

HAVING SAID THAT ......

You have 90-days before expiration of your GC to file for the I-751 and you can do so anytime within that time period. As long as you have filed and have proof of same, there shouldn't be any grief. There was some thread working here over the past week or so which more closely addressed this issue ... somethng about what the employer can legally see and not see. You may wish to back-track to find this information.

Good luck!

Employer is asking what about my green card. The current one expires on January 18th, I haven't submitted any doc's yet. What will happen ? Will I be able to work when my temporary card expires ?

thanks

Ana

Timeline

01-30-06 2-Year Green Card Approved

02-11-06 2-Year Green Card Arrival

11-05-07 I-751 Petition MAILED To TSC

11-08-07 I-751 Petition RECEIVED At TSC

11-26-07 I-751 Petition Transferred to CSC and Check Cashed

12-01-07 NOA For 1-Year Extention RECEIVED from CSC

12-17-07 Biometrics Letter Received / Scheduled for 1/8/08

01-08-08 Biometrics Completed At ASC

01-08-08 Touched

01-09-08 Touched

03-26-08 10-Year GC APPROVED!!!! HOORAY!!!

04-03-08 10-Year GC ARRIVES! GC Journey Over For Another 10-Years~On To Citizenship

N-400 Application

10-15-2009 Application Filed

10-16-2009 Application Received / Lewisville, TX

10-21-2009 NOA I-797 Receipt for Application

11-10-2009 Electronic Notice of RFE For Biometrics

11-12-2009 Biometrics Letter Received

12-04-2009 Biometrics

12-17-2009 Notice That File Has Been Transferred To Local Office For Standard Interview

01-19-2010 Interview - PASSED! HOORAY!

01-20-2010 Oath for NEW U.S. Citizen! FINISHED AND DONE!

Link to comment
Share on other sites

Filed: Timeline
Employer is asking what about my green card. The current one expires on January 18th, I haven't submitted any doc's yet. What will happen ? Will I be able to work when my temporary card expires ?

thanks

Ana

Technically, if you allow your conditional green card to expire without applying to remove conditions, then you a rendered out of status, and any benefits that are incident to your status go with. So, you'd not be able to work. However, once you file the I-751 you should receive an NOA I-551 that extends your work authorisation for another year, pending adjudication of your I-751.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Link to comment
Share on other sites

Filed: Timeline
Employer is asking what about my green card. The current one expires on January 18th, I haven't submitted any doc's yet. What will happen ? Will I be able to work when my temporary card expires ?

thanks

Ana

Ana,

You are getting dangerously close to being out of status -- apply for removal of conditions as soon as possible. Now, to answer your question: no, you cannot work when your temporary card expires unless you have applied for removal of conditions and received NOA from USCIS. Time flies, so go ahead and file ASAP.

Peace, L.

Link to comment
Share on other sites

Filed: Timeline
Hi Anastasia....

"Legally" without filing for the I-751, your GC will expire on the designated date and you are supposed to leave the country as you no longer have resident status!

HAVING SAID THAT ......

You have 90-days before expiration of your GC to file for the I-751 and you can do so anytime within that time period. As long as you have filed and have proof of same, there shouldn't be any grief. There was some thread working here over the past week or so which more closely addressed this issue ... somethng about what the employer can legally see and not see. You may wish to back-track to find this information.

Good luck!

Employer is asking what about my green card. The current one expires on January 18th, I haven't submitted any doc's yet. What will happen ? Will I be able to work when my temporary card expires ?

thanks

Ana

Employer is obliged to undertake re-verification with any alien whose documentation is about to expire.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Poland
Timeline

ok I must have not expressed myself clearly. I know I won't be able to work if I don't remove conditions. What I have on mind is: say I send the paperwork tomorrow, I expect I will not get my GC until Jan. 18th. What are my options for working then ? What do I need to show my employer to prove I can work (if I can). How long before I get NOA ?

And finally where do I sent all that paperwork ? Chicago again ?

Thanks a lot

Link to comment
Share on other sites

Filed: Citizen (apr) Country: China
Timeline

File the I-751 to lift conditions, the NOA1 letter extends the green-card for 1 year, your employer needs a copy of the NOA1 latter for their records.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: China
Timeline
ok I must have not expressed myself clearly. I know I won't be able to work if I don't remove conditions. What I have on mind is: say I send the paperwork tomorrow, I expect I will not get my GC until Jan. 18th. What are my options for working then ? What do I need to show my employer to prove I can work (if I can). How long before I get NOA ?

And finally where do I sent all that paperwork ? Chicago again ?

Thanks a lot

I-751 directions:

If you live in Connecticut, Delaware, District of Columbia,Maine, Maryland, Massachusetts, New Hampshire, NewJersey, New York, Pennsylvania, Puerto Rico, Rhode Island,Vermont, Virgin Islands, Virginia or West Virginia, mail yourpetition to:

USCIS Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001

If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,Louisiana, Mississippi, New Mexico, North Carolina,Oklahoma, South Carolina, Tennessee or Texas, mail yourpetition to:

USCIS Texas Service Center

P.O. Box 850965

Mesquite, TX 75185-0965

If you live in Arizona, California, Guam, Hawaii or Nevada,mail your petition to:

USCIS California Service Center

P.O. Box 10751

Laguna Niguel, CA 92607-0751

If you live elsewhere in the United States mail your petition to:

USCIS Nebraska Service Center

P.O. Box 87751

Lincoln, NE 68501-7751

http://www.uscis.gov/files/form/I-751instr.pdf

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Colombia
Timeline
your employer needs a copy of the NOA1 latter for their records.

That's not true. As discussed here, USCIS employer guidelines allow the employee to choose what documentation of employment eligibility to produce from the list of acceptable documents on Form I-9. The NOA1 is not listed. However, an unrestricted social security card and a foreign passport with an I-551 stamp are.

Meh

Link to comment
Share on other sites

your employer needs a copy of the NOA1 latter for their records.

That's not true. As discussed here, USCIS employer guidelines allow the employee to choose what documentation of employment eligibility to produce from the list of acceptable documents on Form I-9. The NOA1 is not listed. However, an unrestricted social security card and a foreign passport with an I-551 stamp are.

Yup, my advice would be to go and get an unrestricted ssn card immediately while you are still in status (if you haven't already done so). I would recommend showing your employer an unrestricted ssn and a state id or drivers license. That way they need never have to check your EAD or green card.

Annie UK

2004 Awaiting my divorce

Decree nisi 29th July YAYYYYYYYYYY

15th Dec DIVORCED AT LAST!!!!

Dec 23 decree arrives, I-129F sent to Nebraska!!!

Dec 27 NOA1

Feb 16 2005 NOA2 (51 days)

May 17 INTERVIEW 9am!!!! (day 141) Approved

May 30 Arrived POE Chicago (flight delayed!!)

June 13 applied for SSN

June 30 Wedding on beach at sunset awwwww

AOS 2005

July 11 Sent off AOS/AP/EAD to Chicago

Sep 1 I485 transferred to CSC

Sep 15 EAD and AP approved (59 days)

Nov 25 Green card and Welcome letter arrive in mail (no interview) 130 days

Removing Conditions 2007

Aug 15 I-751 sent to Nebraska

Sep 14 NOA1 rec'd, transferred to CSC again

Sep 21 rec'd bios appt for 9/28/07

Jan 26 2008 Approved. 10 Yr card received 1/28/08.

Naturalization 2008

Sep 8 N-400 sent to Nebraska

Sep 11 Priority date

Oct 7 Biometrics

July 10 2009 - Interview, approved!

Aug 20 Oath ceremony

Link to comment
Share on other sites

Filed: Timeline
your employer needs a copy of the NOA1 latter for their records.

That's not true. As discussed here, USCIS employer guidelines allow the employee to choose what documentation of employment eligibility to produce from the list of acceptable documents on Form I-9. The NOA1 is not listed. However, an unrestricted social security card and a foreign passport with an I-551 stamp are.

Yup, my advice would be to go and get an unrestricted ssn card immediately while you are still in status (if you haven't already done so). I would recommend showing your employer an unrestricted ssn and a state id or drivers license. That way they need never have to check your EAD or green card.

Nevertheless, working without a NOA1 in her case would constitute immigration fraud.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Colombia
Timeline
your employer needs a copy of the NOA1 latter for their records.

That's not true. As discussed here, USCIS employer guidelines allow the employee to choose what documentation of employment eligibility to produce from the list of acceptable documents on Form I-9. The NOA1 is not listed. However, an unrestricted social security card and a foreign passport with an I-551 stamp are.

Yup, my advice would be to go and get an unrestricted ssn card immediately while you are still in status (if you haven't already done so). I would recommend showing your employer an unrestricted ssn and a state id or drivers license. That way they need never have to check your EAD or green card.

Nevertheless, working without a NOA1 in her case would constitute immigration fraud.

Hardly. As long as she files the I-751 before the expiration of her green card, she will not go out of status, regardless of when she receives the NOA1. So if she is still in-status, even without an NOA1, how can that constitute "immigration fraud"?

Plus she can always get her passport stamped with an I-551 if she needs to.

Meh

Link to comment
Share on other sites

you guys are scaring me. my GC has expired but i still dont have my NOA (2 yr GC expired on dec 2). i am in limbo. only have the postal receipt showing i sent it in and it was received. am i committing immigration fraud?

your employer needs a copy of the NOA1 latter for their records.

That's not true. As discussed here, USCIS employer guidelines allow the employee to choose what documentation of employment eligibility to produce from the list of acceptable documents on Form I-9. The NOA1 is not listed. However, an unrestricted social security card and a foreign passport with an I-551 stamp are.

Yup, my advice would be to go and get an unrestricted ssn card immediately while you are still in status (if you haven't already done so). I would recommend showing your employer an unrestricted ssn and a state id or drivers license. That way they need never have to check your EAD or green card.

Nevertheless, working without a NOA1 in her case would constitute immigration fraud.

Hardly. As long as she files the I-751 before the expiration of her green card, she will not go out of status, regardless of when she receives the NOA1. So if she is still in-status, even without an NOA1, how can that constitute "immigration fraud"?

Plus she can always get her passport stamped with an I-551 if she needs to.

Link to comment
Share on other sites

you guys are scaring me. my GC has expired but i still dont have my NOA (2 yr GC expired on dec 2). i am in limbo. only have the postal receipt showing i sent it in and it was received. am i committing immigration fraud?

edit.... committing immigration fraud by working

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...