Green Card Expired , passed interview.. waiting for oath letter.

P

p51

Registered Users (C)
Long story short , i passed my interview and all I am waiting for is my oath letter.

I sent my application 5 months prior to my green card expiring. ( in reality it was 5 months 3 weeks, so I missed the 6 month cut off).

I am about to start a new job in May 9th.

My new job is asking for I-9 documentation to show proof that i can work here in the states..

According to the IO I should have an Oath at the end of this month.

But I know i can't go by what he says.

Who should I talk to about this?

thanks again.
 
While a green card expires, your PR status does not. And should you not be able to show an unrestricted SSN card to show eligibility along with a photo id?
 
p51 said:
the SSN has on top

Not valid for "work without INS authorization"
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You have really screwed yourself here by not requesting a new social security card without the restriction notation during the five years that you have been an LPR.

You could still try to get such an updated social security card now - maybe the local social security office will take pity on you and accept an application for a social security card replacement, even with an expired green card. You could give it a try. It takes about 2-3 weeks for the social security office to mail a new card and, if they accept your application now, your card may arrive by the time you need to start the new job on May 9.

Another option is to file an I-90 application for renewing a GC now. By law, if, when you submit an I-9 to the employer, you present proof that you have applied for a document showing that you are authorized to work in the U.S. (such as an I-90 receipt, which you could get immediately if you submit an I-90 application electronically online), you'll have 90 days to produce an actual document authorizing your employment. In 90 days you will probably have completed your naturalization process.

You could also try simply showing the employer your expired green card - this might work depending on how diligent the employer is in following the rules (technically, the regulations require that the green card be unexpired when presented for I-9 filing purposes - see p. 51 in http://www.uscis.gov/files/form/m-274.pdf)

Other than that, you just have to hope that your naturalization will be completed before you need to start working.
However, you should remember that a naturalization certificate is NOT an acceptable proof of employment authorization for I-9 purposes. You'd need to get a U.S. passport or a U.S. passport card to get an I-9 acceptable document. Still if you have your oath before May 9 and apply for a U.S. passport right away, you can use a receipt for the passport application in lieu of the passport itself when submitting I-9 and get a 90 days grace I-9 period before you'll need to show the actual U.S. passport to the employer. Or you could try to get a passport at a passport agency, which could be done in 1-3 days.
 
If you filed on Dec 8, with 5 months 3 weeks before the card expires, I guess you still have almost 7 weeks to go before the card expires. Would the card not be valid on May 9th? Also, with 7 weeks to go, you are not talking about going to SS office with expired card, you are talking about going with a card which is yet to expire. Take a shot, go and fix your SS status. Also, be sure when the card expires as you might be able to use it for I-9 also.
 
sanjoseaug20 said:
If you filed on Dec 8, with 5 months 3 weeks before the card expires, I guess you still have almost 7 weeks to go before the card expires. Would the card not be valid on May 9th? Also, with 7 weeks to go, you are not talking about going to SS office with expired card, you are talking about going with a card which is yet to expire. Take a shot, go and fix your SS status. Also, be sure when the card expires as you might be able to use it for I-9 also.
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correction on it expires the first week of may..

according to the employer i can get an extension.. but i will go to the local office anyhow and stop by, someone mentioned that i can get a temporary extension on the green card if you speak to the right IO.
 
p51 said:
correction on it expires the first week of may..

according to the employer i can get an extension.. but i will go to the local office anyhow and stop by, someone mentioned that i can get a temporary extension on the green card if you speak to the right IO.
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If your GC is still valid, go immediately (I mean tomorrow morning) to the local social security office and apply for an updated social security card, with no notation on it restricting your employment eligibility. As a GC holder, you are entitled to an unrestricted social security card. If you apply tomorrow, the new social security card will arrive before May 9. Then you'll be able to use your social security card plus your driver's license when filling out the I-9 form.

Regarding "someone mentioned that i can get a temporary extension on the green card if you speak to the right IO" - that is complete and utter nonsense.
There is no such thing as a "temporary extension of a green card" and no IO, the right one or the wrong one, could issue you such a thing.


The only way to extend a GC is to apply for its renewal by submitting an I-90 application. If you submit an I-90 application online, you will get a printable receipt which you can then show instead of a green card to the employer when filing I-9. After that you'll have 90 days in which to produce an actual green card or another document authorizing your employment and show it to the employer - or else the employer will be required to fire you. In 90 days most likely you will have been naturalized and you'll have an actual U.S. passport in hand to show the employer.
Also, with an I-90 application receipt you might be able to get a temporary I-551 stamp in your passport confirming your LPR status - but I am not sure that such a stamp is acceptable for I-9 purposes. Also, under this option you'll still have to pay the I-90 application fee, which is at least $365.

So it is far better and easier if you use the first option - apply for an unrestricted social security card now, while your GC is still valid, and then use that social security card when filling out I-9 (you'll not need the GC in such a case and it will not matter that your GC will have expired by then).
 
baikal3 said:
If your GC is still valid, go immediately (I mean tomorrow morning) to the local social security office and apply for an updated social security card, with no notation on it restricting your employment eligibility. As a GC holder, you are entitled to an unrestricted social security card. If you apply tomorrow, the new social security card will arrive before May 9.
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Yes, that's the best option here.

Regarding "someone mentioned that i can get a temporary extension on the green card if you speak to the right IO" - that is complete and utter nonsense.
There is no such thing as a "temporary extension of a green card" and no IO, the right one or the wrong one, could issue you such a thing.
Click to expand...

That's not true. They sometimes provide an extension sticker to place on the card. Or an I-551 stamp which serves the same purpose. However, the OP isn't eligible for it, given that no renewal application was filed, and that the N-400 was filed with less than 6 months remaining on the GC.
 
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