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  • Question about obtaining new extention

    So I filed for removal of conditional status last year in may (green card expired in June). Now my 1 year extention is expiring June 2nd and my employer told me they cnanot legally employ me without new documentation. I have an infopass scheduled along with the paperwork required but my passport is expired ... Is there another option? Theres no way I can obtain a mew passport before i loose my job. Not finding much info on USCIS webesite.

  • #2
    Originally posted by Emilia Karklis View Post
    So I filed for removal of conditional status last year in may (green card expired in June). Now my 1 year extention is expiring June 2nd and my employer told me they cnanot legally employ me without new documentation. I have an infopass scheduled along with the paperwork required but my passport is expired ... Is there another option? Theres no way I can obtain a mew passport before i loose my job. Not finding much info on USCIS webesite.
    Did you use your local congressman? Call them and let them know about your situation. USCIS seems to speed things up when a congressman or woman is involved.

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    • #3
      Originally posted by Emilia Karklis View Post
      So I filed for removal of conditional status last year in may (green card expired in June). Now my 1 year extention is expiring June 2nd and my employer told me they cnanot legally employ me without new documentation. I have an infopass scheduled along with the paperwork required but my passport is expired ... Is there another option? Theres no way I can obtain a mew passport before i loose my job. Not finding much info on USCIS webesite.
      First of all, if you started your job before your 2-year green card expired, and presented your unexpired green card at that time, your employer is not allowed to re-verify you when the card expired. That is illegal discrimination (because they presumably don't re-verify US passports of US citizens when they expire).

      See this FAQ
      Must I reverify an employee who presented for Form I-9 a Permanent Resident Card that expires in two years and contains conditions?

      No, you should not reverify this employee. For more information, refer to the M-274 Part 2, Reverification and Evidence of Status for Certain Categories.
      And this section of the Handbook for Employers:
      All Permanent Resident Cards, whether they have an expiration date or no expiration date, are List A documents that should not be reverified.
      On the other hand, if you started your job after the green card expired and presented the expired green card and extension letter, your employer is supposed to re-verify you at the end of the one year.

      The simplest way to avoid all this stuff with expiration dates is to not present your green card at all -- and instead present your driver's license (a List B document) and your Social Security card that doesn't have text on it like "valid for work only with DHS authorization" (a List C document) for your I-9. If you got your Social Security card after you became a permanent resident, it should not have such text on it. If you got your Social Security card before you became a permanent resident and thus it has such text on it, and you haven't updated it since, you should update it ASAP and get a card that doesn't have such text on it.

      If you present this set of documents (driver's license + unrestricted Social Security card), the employer is not allowed to require you to present a green card or other proof of permanent residency; you are allowed to present any set of accepted documents for the I-9. And there is no longer any issue with expiration dates since Social Security cards don't have an expiration date, and the employer thus will not re-verify it.
      The section of the Handbook for Employers from above:
      Employees must be allowed to choose which document(s) they will present from the Lists of Acceptable Documents. You cannot specify which document(s) an employee must present. Employees who attest to being an LPR in Section 1 may choose to present a List A document (such as a Permanent Resident Card, Form I-551) or a List B and List C document combination (such as a state-issued driver?s license and unrestricted Social Security card). If the employee presents a List A document, do not ask or require the employee to present List B and List C documents. If an employee presents List B and List C documents, do not ask or require the employee to present a List A document.
      You should nevertheless try to get an I-551 stamp on your passport to have proof of permanent residency for other purposes. I don't know if they will put one on an expired passport. It is also possible to get an I-551 stamp without a passport -- you bring two passport photos and they put the stamp on a separate piece of paper.
      Last edited by newacct; 05-17-2018, 01:19 AM.

      This is my personal opinion and is not to be construed as legal advice.

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