Immigration Site

09-04-2007: Filed I-751 VSC (USPS)
09-12-2007: Received at VSC
09-14-2007: Date of NOA
09-??-2007: Received NOA (w/ 1 year extension for travel and employment)
09-21-2007: Date of ASC Appointment Notice (Biometrics)
09-??-2007: Received ASC Appointment Notice
10-11-2007: Date of Biometrics Apt
10-24-2007: Expiry date of conditional PR card

USCIS web-site: VSC is processing January I-751 applications now.

My employer (University of Maryland, College Park) is insisting that my soon to be expired conditional PR card and the NOA w/ 1 year extension for travel and employment is not sufficient evidence of my permanent resident status for the purpose of continued employment.

Has anyone had similar issues?

Can anyone point to immigration law chapter and verse (or other convincing documentation) that states that the expired card + NOA w/ extension _is_ sufficient evidence of my PR status?

UMCPs immigration atty is claiming I need a PR card (with valid dates?) as evidence of my PR status. I do not believe that the USCIS is planning to send me a new card with an updated expiration on it. :-(

Worried in Silver Spring,

- nathan

Dont know yet if thisll convince the relevant parties at UMD.

As per the USCIS web-site (www.uscis.gov), section:

* Home >
* Services & Benefits >
* Employer Information >
* About Form I-9, Employment Eligibility Verification

Relevant sentence in "Green Cards" section:

Expiration dates do not affect current employment, since employers are
neither required nor permitted to re-verify the employment authorization
of aliens who have presented one of these cards to satisfy I-9
requirements (this is true for conditional residents as well as permanent
residents).

Complete text of "Green Cards" section:

“GREEN CARDS”
The terms Resident Alien Card, Permanent Resident Card, Alien Registration
Receipt Card, and Form I-551 all refer to documentation issued to an alien
who has been granted permanent residence in the U.S.. Once granted, this
status is permanent. However, the document that an alien carries as proof
of this status may expire. Starting with the “pink” version of the
Resident Alien Card (the “white” version does not bear an expiration
date), and including the new technology Permanent Resident Cards, these
documents are valid for either two years (conditional residents) or ten
years (permanent residents). When these cards expire, the alien
cardholders must obtain new cards. An expired card cannot be used to
satisfy Form I-9 requirements for new employment. Expiration dates do not
affect current employment, since employers are neither required nor
permitted to re-verify the employment authorization of aliens who have
presented one of these cards to satisfy I-9 requirements (this is true for
conditional residents as well as permanent residents). Note: Even if
unexpired, “green cards” must appear genuine and establish identity of the
cardholder.

With that crisis over (I hope!) I have a similar question with respect to new employment.

Is expired conditional PR card + NOA w/ 1 year extension sufficient evidence of PR status for new employment?

The text I used for continued employment explicitly says that expired PR cards are not valid evidence of eligibility for new employment.

Thanks,

nathan

Despite the text on the "About Form I-9, Employment Eligibility Verification" page, the I-9 form itself lists a permanent resident card as List A (identity and work auth.) evidence. A number of other evidence types in List A are explicitly described as "Unexpired ...". This makes it seem like an expired PR card would be sufficient for new employment.

- n