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When do I notify my employer and confirm a renewed green card?

Atlanta, GA |

I have an expired green card. I am currently on a student visa (F-1) on OPT and am employed. I recently applied for a green card renewal and was approved. How do I know when my status has changed, and when do I inform my employer about this? (I haven't received the new green card yet) Also, do I need to go to a US consulate in my home country to confirm/enforce status change?

Thank you all for the input! Just to elaborate - I moved away from the US about 15 years ago. My original green card expired 6 years ago. 2 years ago, I applied for an F-1 visa and during the interview, I showed the original I551 stamp on my mother's passport, but was not told anything about my PR status. I assumed that I had gone out of status, seeing that they approved the F-1 visa. I recently talked to an immigration lawyer who suggested I put in the 1-90 renewal application, but did not tell me what it would imply if the request was approved.

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Attorney answers 4

Posted

Maybe I am misunderstanding something, but you can't have a green card (expired or not) and be on a student visa?

Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.

Asker

Posted

Thank you so much for the response! But this is what I am trying to figure out too - If my PR status was still active, why did they approve the F-1 visa in the first place?

Irene Vaisman

Irene Vaisman

Posted

why did you apply for the student visa knowing that you had a green card?

Asker

Posted

Well, that's a good question! Because I assumed that I had gone out of PR status due to abandonment. My brother had come to the US to study a few years before me and he had applied for (and been approved for) an F-1 as well. So I guess I just did what he did.

Irene Vaisman

Irene Vaisman

Posted

ok, I just read over what you added. Now I see what happened. What's happening with the I-90 right now?

Asker

Posted

I put in the application last month and had the biometric appointment last week. At the appointment, I had to go to 2 counters - At the first one, the lady looked at my file and my old card and said I should expect the new card in 6 to 9 months. At the next counter, they took my finger prints. The first counter was what made me assume that the application had been approved. I also confirmed that with the lawyer who told me to put in the I-90 application. But he did not elaborate on how that would affect my F-1 status.

Irene Vaisman

Irene Vaisman

Posted

no, you assumed wrong. wait and see what happens with the I-90, but I will be honest with you, its kind of all screwed up now. I would schedule a consultation with a really experienced attorney in your area at this time. In my opinion, there are legal issues and if they do not come up now, they can certainly come up later. You were admitted as a non-immigrant and applied for the renewal of your green card, which you technically lost not only by staying outside of the country for 6 years, but also by asking for a student visa

Posted

If you have a green card, why are you on a student visa?

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

I was under the assumption that since I moved away so many years ago, I must have gone out of PR status. I was a minor when we moved away from the US, if that helps.

Posted

If you have a LPR status, it does not expire. ONly the car does. You are an LPR and have been since the day you got it first.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

But I assumed I had lost the status because I moved away about 15 years ago.

Posted

As my colleagues have noted, if you are a permanent resident, you would not need a student visa. If you lost your status due to abandonment, just applying for a replacement card does NOT mean you actually have the status.

There are significant risks associated with your situation. Talk to an immigration lawyer about your situation immediately to avoid the possibility that you may be inappropriately claiming that status and especially before you travel outside the US.

This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit www.lichterimmigration.com or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.

Asker

Posted

"If you lost your status due to abandonment, just applying for a replacement card does NOT mean you actually have the status" - This is part of the information I was looking for. I did the I-90 renewal application after speaking to a lawyer, but it may be a good idea for me to hire one properly.

Laura L Lichter

Laura L Lichter

Posted

Agreed--this is a very fact-specific (and gray) area.

Asker

Posted

Well, thank you so much for your help! Any relevant revelations are always welcome! :)

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