merskamp

I am English living in the US - got married and applied to remove the marriage restriction. I received a notice extending my status for a year and a note to go to biometrics which i have done.
I am now awaiting their decision.

Unfortunately I cant find this notice at all and my green card itself expires in 4 weeks and I am sure I will need to show HR the notice to let them know I have been extended a year.

Does anyone know how I can get a new notice or if there is anything on said notice I will need to be aware of?

Simon

Noorah101

I don't know how you can get a replacement notice, but two things come to mind:

1. When you became a PR, you should have applied to get a new SS card without the DHS work authorization restriction on it. Your current Drivers License (or State ID) plus this unrestricted SS card will suffice for a new I-9. Hopefully you did this.

2. You can try showing HR the photocopy of the 1-year extension letter that you made for your files, saying you'll show the original when you find it. Hopefully you made a photocopy of it for your own records.

Rene

meauxna

HR should not ask for, and you should not volunteer, to show your new green card.
If you were hired as a Permanent Resident, they aren't supposed to re-verify your status.

You don't show them a new driver's license when you get one do you?

Your employment authorization ends when a judge tells you it has.

merskamp

Really?
Wouldnt they have on their records that I am eligible till May 22?
Wouldnt they be required by law to make sure I am legal beyond that and
request my year extension notice while my marriage removal decision is pending?

I did get a new Social Security card after my 2 year PR card was issued and I have a State id which expires in 3 years. I have no copy however of the notice of 1 year extension (not even sure what the notice is called). As it came by US Mail I can claim it was never received (which I am sure must have happened to someone at some time - if so how would such a person request it be resent?)

Noorah101

You can make an Infopass appointment at your local office, and ask for an I-551 stamp be placed in your passport. You can also see if they'll send you another extension letter. Don't mention anything to your employer...if they never ask, no worries. Don't volunteer it.

If they DO ask, and you dont' want to be the one to tell them they aren't supposed to reverify your PR status, then you can always offer to do a new I-9 showing the proper hiring documents.

Rene

meauxna

This is a good link to a thread that will have everything you need: http://britishexpats.com/forum/showp...2&postcount=18

HR does not need to reverify your status. You are a Permanent Resident. period. (full stop)

Now, your missing letter is an issue because you do need proof of status after your card expires. If you can not find it, the best suggestion is to make an InfoPass appointment to your District Office and go charm them into giving you an I-551 stamp in your passport. Then, you're supposed to carry that in lieu of your expired card + extension letter.

I'm sure you wouldn't want to fib and say you didn't get your letter.

merskamp

Great many thanks all, i'll make an infopass appt and beg them for an I-551 stamp as i am going to need it for international travel anyway, let alone working.

meauxna

And I am going to temporarily back off my "HR can not reverify you" stand. The I-9 and instructions have recently changed and I don't find the old magic language in there.
It's possible that this may come up, in which case you'll be wanting that letter or the stamp for sure.

The law didn't change (fancy that). You must remember that your card expired, not your status. When you file I-751, the extension is automatic as long as you file it on time, letter or no letter.

Sorry I wasn't current on this; here is the update.



Whew.
Page 31:
18. Q. How can I tell if a DHS-issued document has expired? If it has expired, should I reverify the employee?
A. Some DHS-issued documents, such as older versions of the Alien Registration Receipt Card (Form I-551), do not have expiration dates, but are still acceptable for Form I-9 purposes. However, all subsequent Permanent Resident Cards (I-551s) contain 2-year or 10-year
expiration dates. You should not reverify an expired Alien Registration Receipt Card/Permanent Resident Card (Form I-551).


Page 36:
You may not reverify an expired U.S. passport or passport card, an Alien Registration Receipt Card/Permanent Resident Card (Form I-551), or a List B document that has expired.

Page 39:
54. Q. How can I avoid discriminating against certain employees while still complying with this law?
A: You should not:
5. Reverify the employment authorization of a lawful permanent resident (LPR) whose “green card” has expired after the LPR is hired.

Stamps need reverification.
Page 47:
USCIS uses either a I-551 stamp or a temporary I-551 printed notation on a machine-readable immigrant visa (MRIV) to denote temporary evidence of lawful permanent residency. Reverify the employee when the stamp or MRIV expires, or 1 year after the issuance date if the stamp or statement does not include an expiration date.

adjudicator89

What you can do is go to the USCIS Field office and explain your situation. Tell them you lost it or it is missing and they might give you stamp in your passport which is same as the extension letter. That is a proof that you can work and travel in and out.

ian-mstm

Umm... the stamp is way better than the extension letter.

Ian

adjudicator89

I agree with you 1000% Ian. I hate the extention letters. I mean come on can't USCIS come u with something more practical than the letter? First of all is huge to carry that thing and very annoying. Come on USCIS put ya'll brains together and work on something better than the letters.

ian-mstm

I was thinking more along the lines that the stamp is valid for employment purposes, where the letter isn't.

Ian

meauxna

The letter is now valid for employment. See the m-274 link (says
'whew' above) and the section on receipts.. they've just added it this month.

notacrime

About 2 months ago I called the Vermont Service Center because I never received the I-797 with the 1 year extension language on it. I had received my biometrics appointment notice, and using the receipt number from there I was able to see on the USCIS case status online site that they had sent me the letter on Feb 2nd, but I never received it. They were able to send another copy and I now have that in my possession.

The person I spoke to at the VSC was really helpful, (I was surprised to be connected to a real person at all, so being connected to a helpful one was a double-bonus.)

You can try for the I-551 stamp, but they really don't like giving them out.

Good luck. And invest in a filing cabinet. :-)

ian-mstm

I stand... er, sit corrected... you're absolutely right.

Ian