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

Asked 12 months ago - 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. Jeff L. Khurgel


    Contributor Level 19


    Lawyers agree


    Answered . 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... more
  2. Lynne Rogers Feldman

    Contributor Level 18


    Lawyers agree

    Answered . 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

  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . 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... more

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