Scot1

Hi there,

Looking for some advice please.

My Conditional Permanent Resident card expired on 03/12/16 (resident since 03/12/14). I received an I-751 Receipt Notice dated 02/04/16 stating that my conditional resident status had been extended for 1 year. No problems.

However, I am scheduled to start a new job on the 23rd Jan for a new company. I visited their HR dept today to complete some paperwork and on examining my CPR card, the HR lady said she would have to contact their immigration lawyer to ensure this would not "cause any problems".

The lawyer told her that "my Permanent Resident Card had to be updated by the 03/12/17" and if it is not, I have to make an info pass appointment prior to this date and get an I-551 Stamp. If I fail to do so, they cannot continue my employment.

Anybody any idea if what the lawyer suggested is correct re the stamp?

Also, does/or will the the USCIS mail information regarding the status of my petition prior to the expiration of the 1 year extension?

I tried calling the USCIS info line but that wasn't of much use. My status on the USCIS website just states that they received my CRI-89 and sent me the receipt notice (I-751).

I only have a few days to inform my current employer that I am going to leave. I really don't know If I should accept this new job and risk losing it or stay where I am.

Any advice would be appreciated.

Thanks

RICH

What the lawyer said appears to be correct. If USCIS has not removed your conditions due to their own inadequacies, they "should" grant a further extension. I have not heard of this being happening though.

On the other hand if they decline to remove your conditions, you won't be able to continue in your current job either. I have not heard of this happening either!

I would trust the system. It is slow but it will get there. And if you have to make an infopass appt to appease the lawyers, in March, so be it.

At the end of the day you are a permanent resident, until and unless an immigration judge says otherwise.

ETA: what the lawyer said should be considered advise to the HR people, not to you, although in this case it seems mutual. I think you will be fine.

ian-mstm

This is correct.


This is a half-truth. You are a PR, and you remain a PR until such time as USCIS denies the I-751 (which, to be fair, is highly unlikely). But, you may not have the correct documentation to complete an I-9 (although you might). Remember though, you are a PR... although you may not have proof of that.


Yes, it is correct... but I wouldn't waste time waiting around for the I-751 to be adjudicated. I'd make an InfoPass appointment now and get the I-551 stamp in your passport.


No.


Make an InfoPass appointment, get the I-551 stamp, and take the new job.

As an aside, you didn't need to show your green card to the HR person. If you have a SS number (on a card without the restrictive language) and a state-issued driver's license, that is sufficient documentation to complete the I-9.

Ian

Rete

This timeline hasn't been seen in a while on BE but when hubby was removing conditions his I-751 was still pending 12 months after filing. It was not unheard of 10-15 years ago for removal of conditions to take sometimes 18 to 24 months as they are low priority. Of course that overlapped the time when he was eligible to file for naturalization. Ironically, his removal was approved 2 weeks before he had his interview for naturalization and his oath ceremony was one week later. So, all in all, it took 14 months for removal of conditions and three weeks later he was a citizen.

Do as the attorney and Ian suggests, make the I-551 appointment for February and ask for the I-551 stamp. If they are unwilling to give it (yes, you never know in NYC in particular what idiot you will get at the desk) then enlist the help of your spouse's state senator. We used ours to help get the original green card.

Scot1

Hi,

I today received a copy of the email sent to HR from the Attorney at Law which reaffirms the advice received from Rich, Ian and Rete. Thanks for your help! Details from the email are as follows:

Lawful permanent residents and conditional residents may be issued temporary I-551 documents . These documents are acceptable for Form I-9 as follows:

1 . If an employee presents an expired Permanent Resident Card along with a Form I-797, Notice of Action, that indicates that the card is valid for an additional year, this combination is acceptable List C evidence of employment authorization for one year as indicated on Form I-797 . At the end of the one year period, you must reverify.

2 . If an employee presents a foreign passport with either a temporary I-551 stamp or I-551 printed notation on a machine-readable immigrant visa (MRIV), you must reverify when the stamp or MRIV expires, or one year after the issuance date if the stamp or MRIV does not contain an expiration date.

I have an Infopass appointment tomorrow so hopefully I will get issued the I-551 stamp in my passport.

I have one query re my passport if anyone could help?

My UK passport expires Jul 2017. If I was issued the I-551 stamp and hadn't received my Permanent Resident Card with conditions removed prior to the aforesaid expiration date, would I have to get a new I-551 stamp issued in my new passport? Also, does the UK government return expired passports together with your new one?

Thanks.

ian-mstm

Would you have to? No... you'd simply travel with both passports. Could you, though? Yes.


Yes.

Ian

Scot1

[QUOTE=ian-mstm;12149577]Would you have to? No... you'd simply travel with both passports. Could you, though? Yes.


Thanks Ian.

I was just worried for employment purposes that the stamp issued in my current passport would become void once my passport expires. I guess the stamp remains valid until either the expiration date on the stamp or after 1 year from date of issuance, regardless of the fact that I will have a new passport.

ian-mstm

You are the one who has the status... not your passport!

Ian

Scot1

[QUOTE=ian-mstm;12149893]You are the one who has the status... not your passport!

Ha very true.

I attended my Infopass appointment today in Hartford, CT. I was pleasantly surprised at how friendly they were.

According to the officer that served me, the USCIS Hartford Field Office issues I-551s that are valid for 6 months only, and they keep your CPR card. The office in NYC issues I-551s that are valid for 1 year, and they let you keep your CPR. The reason given for this was that 'they don't want to see you again in NYC for at least a year'. Not sure why one office lets you keep your expired CPR card and the other doesn't. Guess it doesn't matter though as presumably the card is useless once it's expired.

Noorah101

It's not useless. I believe if you want to travel abroad you'll need both the expired GC and the 1 year extension letter.

Rene

Scot1

Thanks for that information.