I-751 denied

miikka said:
So, this is what I'm scared of. This is from my lawyer:

"Please further note that simply filing your I-290B would not restore you to permanent resident status while the I-290B is pending. It would not stop the accrual of unlawful presence. But if it does work and if USCIS reopens the I-751 and issues another biometrics notice, then arguably you would be restored to permanent resident status while the I-751 continues to pend. In that scenario, when the I-751 gets approved, then retroactively you would effectively be wiped clean of any unlawful presence."

Generally how long does it take for USCIS to approve the I-290B? I looked online and I could only find information about the I-751 approval times. Will my employer receive notice that I have Illegal status? If they do, then won't they have to terminate my employment if the I290B has not yet been approved?
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Mikka,

First of all, I would find out if your lawyer's diet consist of yucca roots and red potatoes, because he sound like he's suffering from scaring the crap out of you about USCIS...:eek: If I were in your position, I would ignore his counsel on this issue and continue working and collecting my paycheck. If you become unemployed, how in the world are you going to pay him for filing the MTR? Just make a decision which will make you happy, I don't anticipate your employer to magically know that your GC expired and you are now fighting with USCIS on the MTR process, rather unlikely...:rolleyes:
 
Al Southner said:
Mikka,

First of all, I would find out if your lawyer's diet consist of yucca roots and red potatoes, because he sound like he's suffering from scaring the crap out of you about USCIS...:eek: If I were in your position, I would ignore his counsel on this issue and continue working and collecting my paycheck. If you become unemployed, how in the world are you going to pay him for filing the MTR? Just make a decision which will make you happy, I don't anticipate your employer to magically know that your GC expired and you are now fighting with USCIS on the MTR process, rather unlikely...:rolleyes:
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I would think that as well, BUT, my HR department has sent me an email each month reminding me that my GR has expired and that I need to present them with an updated card by 12/4/09 (that's when my 1 year extension expires). So, it's OK to ignore this? I'm just confused. Espeically now that my lawyer may not be as good as I thought he was.
 
miikka said:
I would think that as well, BUT, my HR department has sent me an email each month reminding me that my GR has expired and that I need to present them with an updated card by 12/4/09 (that's when my 1 year extension expires). So, it's OK to ignore this? I'm just confused. Espeically now that my lawyer may not be as good as I thought he was.
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Did you receive a notice of extension of your GC after you filed the I-751? It is the first letter which USCIS send after receiving your I-751, if i were in your shoes I would take that to my HR dept and move on, it offers you an extension of up to a year, which should be sufficient to have your MTR adjudicated for a final decision. Technicalities, when your petition was denied, it made this letter invalid, but what the hell? I would do this is if I am certain my I-751 is going to be approved, which should be so if you provided solid evidence that you and spouse are still hot for each other, wake at 5am in the morning to have cereal with toast, sleep till noon on saturday...:D

Just tell your HR person not to be a snob, these tough times requires all hands on deck, no need to harass you about this stupid GC, I am certain lepers would be treated with more dignity than most immigrants are in some of these states...
 
miikka said:
I would think that as well, BUT, my HR department has sent me an email each month reminding me that my GR has expired and that I need to present them with an updated card by 12/4/09 (that's when my 1 year extension expires). So, it's OK to ignore this? I'm just confused. Espeically now that my lawyer may not be as good as I thought he was.
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Do you have a Social Security card without the employment restriction? You can use that combined with a driver's license or state ID to show to HR for the I-9, without showing the GC. The employer is not allowed to specifically request the GC; it is your option to use other documents for the I-9 if you have them.
 
Jackolantern said:
The employer is not allowed to specifically request the GC
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Jack,
Is that really true? So, if you an SS card (with no restrictions) can you submit your I-9 with that? But, doesn't the I-9 ask for your A# and other details?
Sorry for an off-topic question, but it is sort of related: Also, if your original SS card has employment restrictions, when you get PR, do you need to get another SS card? Just curious.
 
Al Southner said:
I am certain lepers would be treated with more dignity than most immigrants are in some of these states...
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You got that right. The only place I haven't seen is at academic institutions where often 50% of the faculty/staff are international/immigrants.
 
thomas_psu said:
Jack,
Is that really true? So, if you an SS card (with no restrictions) can you submit your I-9 with that? But, doesn't the I-9 ask for your A# and other details?
Sorry for an off-topic question, but it is sort of related: Also, if your original SS card has employment restrictions, when you get PR, do you need to get another SS card? Just curious.
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T,

Yes, once you have a GC visit your local SSA office and inform them and you will be issued a new card without those lepers words, "not valid for work authorization without DHS approval" or something to that effect. The nice thing about this step is that SSA doesn't care of you have a conditional greencard, they issue you this magic card within 2-3 weeks and you are free to use it and complete I-9 with govt issued ID, GC is not necessary. I couldn't tell you when last I had to use my GC, cause where I work is not necessary..:D
 
thomas_psu said:
Jack,
Is that really true? So, if you an SS card (with no restrictions) can you submit your I-9 with that? But, doesn't the I-9 ask for your A# and other details?
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Download and read the I-9 and the instructions and you'll see the available options for List A/B/C. You have to write down your A# for the I-9, but there is no requirement to show an official document that has the A# displayed on it.
 
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