Working without Green Card

[darlene 0]

Can you keep renewing your work permit without having a green card?

[Kez/JWolf 6]

If you have a greencard you do not need a EAD.... If you do not yet have a Greencard and it is still pending then yes you can renew your EAD each year until your Greencard is approved or dinied....

Kez

[YuAndDan 153]

YES

5. Renewing your EAD. You may renew your EAD when your EAD nears expiration. You must renew your EAD to be able to work until you become a Permanent Resident (or Conditional Permanent Resident) at which time your "Green Card" will be proof of eligibility to work. A suggestion before filing is to check the processing time of the local office you will be sending your EAD to and file at a time equal to the number of days before your EAD expires. ex: if the processing time is three months then apply for a renewal three months before your EAD expires. You will file as category ©(9), "adjustment applicant". (Where to file: mail, walk-in if allowable, efile)

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

[darlene 0]

What if the green card expired and was not renewed. What happens then?

[Kez/JWolf 6]

What if the green card expired and was not renewed. What happens then?

Was it a 2 year Greencard or a 10 year greencard????

Kez

[YuAndDan 153]

What if the green card expired and was not renewed. What happens then?

If it was the 2 year conditional one, you have a big problem on your hands.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

http://www.visajourney.com/forums/index.ph...p;page=751guide

If is the 10 year card, just file form I-90 to get it renewed.

Q. What should I do if my Green Card has already expired? Will the INS penalize me for renewing my card after it expired?

A. If your Green Card has already expired, you should apply to renew your card as soon as possible. Those renewing expired cards will not be penalized.

http://www.uscis.gov/files/pressrelease/Gr...ewal_110702.pdf

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Dr_LHA 3]

People with expired 10 year green cards can still work because they will have a regular SS card, as opposed to one that states "only valid with DHS authorzation". A regular SS card + ID meets the requirements of the I-9, there is no need to show a valid Green Card to work.

Edited May 16, 2007 by Dr_LHA

[darlene 0]

So they can be here with no green card and work??? Is that legal? What would the consequences be?

[Dr_LHA 3]

So they can be here with no green card and work??? Is that legal? What would the consequences be?

Are you replying to my post? If so, yes its perfectly legal for someone present in the USA with legal permenant residence to work, even if their 10 year Green Card has expired.

I'm guessing this wasn't your question though right?

[darlene 0]

How is it they have legal permanent residence without a green card?

So that means they can say here and work but cannot leave the US and return?

[Dr_LHA 3]

How is it they have legal permanent residence without a green card?

Because legal permenant residence is a legal status, not a card. The Green Card itself is simply a means to prove that one is an LPR. Once you get LPR status (not conditional, but full) as long as you remain in the USA you never loose that status, regardless of when your card expires.

So that means they can say here and work but cannot leave the US and return?

Correct.

[darlene 0]

One more question. What if they never applied for their 10 year green card? Just let the conditional one expire.

Thanks for all your answers. I really appreciate the information.

[Dr_LHA 3]

One more question. What if they never applied for their 10 year green card? Just let the conditional one expire.

Then they will be deported, basically. Conditions must be lifted to remain a LPR.

Edited May 16, 2007 by Dr_LHA

[darlene 0]

Thanks for your answers.

Basically this person came over on a employee based visa in 2000. There was a problem with current job and this person said they could not apply for any other job because they did not renew their green card.

If caught could they be deported? Is there any responsibility on the employer?

[YuAndDan 153]

Thanks for your answers.

Basically this person came over on a employee based visa in 2000. There was a problem with current job and this person said they could not apply for any other job because they did not renew their green card.

If caught could they be deported? Is there any responsibility on the employer?

Again it boils down to was the green card a conditional one or an un-conditional one.

The responsibility of maintaining status is on the person not employer.

If conditional one an the conditions were not lifted then they lost Lawful Permanent Residence status, if it was an un-conditional card then they are still a Lawful Permanent resident and only needs to file for I-90 to renew it.

I thought I said this in my earlier post, and am repeating it.

SEE: http://www.visajourney.com/forums/index.ph...st&p=913504

Edited May 16, 2007 by YuAndDan