I-751 Extension expired, as well as legal work! What to do?

[KevinNelson]

My wife just called and told me that the national corporation she works with requires a valid green card. The 1-year extension notice has expired. It appears as if the company is now considering her as illegal, or not able to legally work! What to do?

 

The website says they are just now working on November 1, 2016 applications, when ours was submitted 4/27/2017. Ironically, a month ago it was on 11/1/2016, then the time got extended a month, putting her back to October 15th or so.

 

Getting an Infopass appointment seems to be nearly impossible! Should we simply just barg into the San Francisco office on the basis of an emergency?

 

https://egov.uscis.gov/processing-times/

Edited June 19, 2018 by KevinNelson (see edit history)

[KevinNelson]

Her job will end this Saturday. Henceforth that employer will consider her as an illegal worker. I need definite proof that shows she can still work in the United States.

[dnoblett]

Schedule an info pass appointment at your field office, bring her passport and the letter and request an I-551 stamp, further acting as evidence of permanent residency status.

 

Also note just because the letter expired her status as a lawful permanent resident does not. So NO she is NOT an illegal.

[KevinNelson]

The problem is explaining that to the corporate HR department whose phone numbers are not accessible to me. There needs to be WRITTEN or web-posted information confirming the legality of working with an expired I-797 notice.

[dnoblett]

One other thing we did when my wife got her 2 year card, we revisited the SSA office and ordered a SSN card without the work auth notation on it, List C, item 1 (3) in the list below.

 

In this case all the I-9 requires for employers is a state ID (DL, Permit, or common non driver ID) AND a SSN, without that notation, no need to show them the GreenCard, Letter, or Passport, the expiration date is really none of the employer"s business when provided with a state ID, AND unrestricted SSN card.

 

 

https://www.uscis.gov/i-9

[Randy W]

The problem is explaining that to the corporate HR department whose phone numbers are not accessible to me. There needs to be WRITTEN or web-posted information confirming the legality of working with an expired I-797 notice.

 

 

Kevin is correct here - if your employer thinks you're illegal (by their own interpretation), they may very well not keep her on - see https://www.uscis.gov/i-9-central/i-9-central-questions-answers/faq/may-i-accept-expired-document-form-i-9

 

No. Expired documents are no longer accept­able for Form I-9. However, you may accept Employment Authorization Documents (Forms I-766) and Permanent Resident Cards (Forms I-551) that appear to be expired on their face, but have been extended by USCIS.

 

 

I'll see if I can find something that will help you NOW.

 

 

from https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter16-19.html

If, however, you need evidence of your legal status during this limbo period, visit your local USCIS office, and bring a current, valid passport. You should make an INFOPASS appointment through the USCIS website first. USCIS will give you what’s called an I-551 stamp in your passport, which will serve as evidence of your status. This stamp will not expire for another year. If you request it, the information officer will also send an inquiry to the Service Center handling your case, pointing out that your case has gone beyond normal processing time.

 

Edited June 20, 2018 by Randy W (see edit history)

[KevinNelson]

This part is maybe good news, but who knows when the letters will ship and ours will arrive?

 

https://www.uscis.gov/news/alerts/update-form-i-797-receipt-notices-form-i-751-and-form-i-829

 

I managed to get an InfoPass appointment, about one week after the job termination. I don't know if they can hold the job for her until then, but... I could not use either the San Francisco nor Sacramento field offices, since both are now closed. I discovered the San Jose/Santa Clara office is still accepting web-based appointments and there were openings!

[KevinNelson]

We got an InfoPass appointment for the last day her I-797 C Notice of Action was valid. They put into her new Chinese passport a ONE-year extension! Ironically, today, we got that 18-month I-797 extension letter, which of course only extended things for six months from the original I-797C Notice of Action. So we still have another 10 months or so.

 

On another side of things, our I-751 file was transferred from the California processing center to the Vermont processing center. Interestingly enough, today is the case report date for our filing date at the Vermont center. We have no idea what to expect at this point.

 

One last thing... job was not terminated, but the HR department was serious about things! They will not tolerate expired documents, even when still considered legal.

Edited August 11, 2018 by KevinNelson (see edit history)