Conditional Green Card expired while waiting for NOA of I-751.

[tlove]

Happy new year Candleforlove friends,

 

I want to quick explain my situation.

 

We filed I-751 in 11/20/2018, and have been waiting for NOA I-797 since then. We did receive a text message 11/29/2018 from USCIS that the case was received, along with an WAC number. We noticed the checks had been cashed as well.

Looked online and saw this page https://www.uscis.gov/news/alerts/form-i-751-data-entry-delay-california-service-center.

Because the WAC case number in text message cannot been found on USCIS - "Check Case status", days before the green card expiration, we scheduled an infopass, and the only time available is in Janurary 2019.

Green card expired just before Christmas. Till today there is no I-797 in mail, and the WAC number still cannot be status-checked online.

 

Does anyone have idea, will the upcoming Infopass be helpful? Is there anything that I should be preparing for it? Meanwhile, can I work with my immigration status?

 

Thanks for your thoughts in advance.

 

Also, this is a painful lesson that filing I-751 early in the 3-month window is a better choice.

 

 

[Randy W]

Yes - you can get an I-551 stamp in the passport. If you can reasonably do so, you can try a walk-in at your local USCIS field office. Call ahead for the best hours to do so.

 

Also watch between midnight and 5AM for new appointment slots to show up.

 

You can work, but your employer can also refuse to allow you to work until you have current documentation of your status.

[tlove]

Thank you so much for your advice Randy!

[newacct]

You can work, but your employer can also refuse to allow you to work until you have current documentation of your status.

I wish to note that you are not required to provide (and the employer cannot require you to provide) "current documentation of your status". When you start work, you can only be required to provide one of the documents accepted for the I-9. And one of those is an unrestricted Social Security card (a List C document), which green card holders should have, plus a driver's license (a List B document).

[dnoblett]

In our case, shortly after my wife got her 2 year green card, w revisited the SSA office and ordered an unrestricted SSN card without the "with work authorization" notation on it. So would avoid problems when removing conditions.

[Randy W]

 

You can work, but your employer can also refuse to allow you to work until you have current documentation of your status.

I wish to note that you are not required to provide (and the employer cannot require you to provide) "current documentation of your status". When you start work, you can only be required to provide one of the documents accepted for the I-9. And one of those is an unrestricted Social Security card (a List C document), which green card holders should have, plus a driver's license (a List B document).

 

 

 

Once again, you give half-assed information with nothing to back it up. No employer is REQUIRED to keep someone on their payroll without a court order. They may or may not notice that your documents expire. Notice the O.P. is applying for Removal of Conditions. Drivers license will often expire with the green card.

Simple solution here and all that is required is to do what they reasonably can to keep their documentation up to date.

If the documentation they have for you is NOT current (e.g., your green card has expired), you will need to up date your information.

 

This is what the USCIS tells employers (https://www.uscis.gov/i-9-central/51-reverifying-employment-authorization-current-employees)

 

When an employee’s employment authorization or, in most cases, employment authorization documentation expires, you must reverify their employment authorization no later than the date employment authorization expires.

 

[Randy W]

AND . . . a little bit further down on the same page

 

You cannot continue to employ an employee who cannot provide you with proof of current employment authorization.