PetrifiedExPat

Hi,

It is almost time to remove conditions from my GC (obtained through marriage to US citizen).

I know I am required to file form I-751, but, when I approach my employer to discuss this, am i correct in thinking that once we file I am legally able to work beyond the date of expiry on my GC? Until a decision is made?

Cheers,

H

Rete

Why are you approaching your employer about this? Are you married to him/her?

Yes, your status as a legal permanent resident remains intact until the I-751 is adjudicated. You will receive a NOA in the mail showing that your status is extended but the notice is only good for one year. It usually takes one to two years to adjudicate the I-751 so if your employer is being a p__k about it, you need to get an info pass appointment and get another I-551 stamp in your passport.

PetrifiedExPat

My employer is great, not married to them. My previous work place started sending emails/letters three months in advance of my eligibility to work/reside in the USA et al expiring, so I am getting on top of it.

In my current workplace my green card expiry date will bring up a flag three months previous also, in a team of 7, most of which have gone through the GC system including my director, so its common knowledge in any case..

Rete

Then file a week after your eligibility comes up so that you have the first NOA in hand before the expiration date on your green card.

If not adjudicated before the expiration date of the NOA, either file for naturalization, if so inclined, or make an infopass appointment for the I-551 stamp in your passport.

tom169

Make sure you have the endorsement removed from your social security card (if you ever had it) then use that and a driving licence to provide eligibility to work.

PetrifiedExPat

You just read my mind for the next qu. If not adjudicated, I assume I can still file for naturalisation? Once naturalisation is filed for, would there be a separate notification providing allowance to work?

Hope that made sense as much as it did in my head..

PetrifiedExPat

That crossed my mind, too...

Rete

This might not work as it is an existing employer who has his expiring green card on file.

It definitely works for new employment.

Rete

No, the NOA for the naturalization is just that your application was received and that you will heard from them re a biometrics appointment.

However, if, by the time you file for naturalization, the naturalization timelines have speeded up, it will prompt an earlier adjudication of the I-751 since that needs to be done before the naturalization can occur.

PetrifiedExPat

That's interesting. Thank you for clearing that up!

Cant wait to shed all of this and leave it behind me.

S Folinsky

Curious minds might inquire as to why the current employer might be involved?

PetrifiedExPat

In a few months, they will get a red flag from HR stating that my GC will expire, so, assuming they wont just bin that, there will be a conversation...

Edit: I should add, that at that point, I will state that once I apply to remove conditions, paperwork will arrive to prove I can work longer. Without this, since we are expanding at an alarming/rampant rate, I am sure they will start looking for a replacement.

S Folinsky

Got it. I had assumed the employer would be competent and would comply with the law. What makes you that what you describe would happen? I am curious.

PetrifiedExPat

The devil is in the details I guess. Despite growing at a fast and rampant rate, that equates to 1 employee expanding to 12 over 2 years. Why is that important? There are not many of us, and although operations are in the USA, most of our investment and leadership are from *insert Asian country here*, with not much experience of US immigration law (just my anecdotal opinion). For US HR needs, we outsource, relying heavily on their experience. As a company we chatter a lot amongst ourselves about the visa/GC process, including with the director, my immediate boss..

Rete

The school district in Westchester, NY wanted a new green card from my husband and/or other proof that he was still authorized to work under INS when his green card expired as he awaited removal of conditional.

There is no reason why they would know that the status is continuing until the I-751 is adjudicated.