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Filing i-751- can i work while its pending? when do u get an answer?

San Diego, CA |

My employer has set my contract to exp the day of the exp of my PR-card, will hear back from USCIS in time to extend or how does these things work? I dont want to lose my job...

Attorney Answers 3

  1. If filing a joint petition (I-751) you can file up to three months before your current PR card expires. Read the instructions for what to include to show your marriage is still strong and you have been living together, commingling your assets, having children or whatever. USCIS will send you a fancy looking receipt which extends your green card for one year. An expired PR card is not a reason to reverify on your I-9 anyway. If you need further evidence of your extended status you can make an INFOPASS appointment at your nearest USCIS district office and request a PR evidence stamp in your passport while the I-751 is pending. If you and your spouse are not still together your case may still be doable but more complicated and you should seek legal advice on your eligibility and the timing to file.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  2. Yes, you can work while its pending. You can file 90 days prior to expiration of your conditional residence. Your receipt for the I-751 gives you both travel and employment authorization.

    Former USCIS and Department of State Embassy Officer -- Khurgel Immigration Law Firm -- 4199 Campus Drive, Suite 550 Irvine, CA 92612. Email: Office: (949) 509-6515 Direct: (949) 535-6331 Fax: (949) 509-6599. Kindly note that this blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is simply an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

  3. You will get a receipt when you file that will extend your card by 1 year.

    File early ... at least 30 days before it expires, preferably 60, but not more than 90.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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