I-751 Application

[Jandyx]

Hi there, Do you know how soon can you apply for I-751, my 2 year greencard expires on Feb 2023 and I want to know if I can apply for advance, because I don’t know how long it usually take for it to be process and approved. Appreciate any of your response.

[newacct]

If you are filing I-751 jointly with your spouse on the basis of remaining married, you can only apply within the 90-day period before the card expires (so between some time in Nov 2022 and Feb 2023). You cannot file one day sooner than the 90-day mark, or it will be rejected. The application can take around 2 years, but you will remain in conditional permanent resident status for as long as your I-751 is pending. Your I-751 receipt will serve as a 24-month extension letter, so it can be used in conjunction with your expired green card as a valid green card until 24 months after your green card expired. If the extension letter is lost or close to expiring, you can get an I-551 stamp as proof of your status if you wish.

[Jandyx]

Thank you. That’s good to know. I just to make sure I can still work while its processing. Thank you so much!

[newacct]

Thank you. That’s good to know. I just to make sure I can still work while its processing. Thank you so much!

Yes. If you presented a 2-year green card or an unrestricted Social Security card for your I-9 when you started work, the employer is not supposed to re-verify it when your green card expires, or ever.

If you will start a new job while your I-751 is pending, you can present an unrestricted Social Security card plus a state driver's license/ID and it will never need to be reverified. Alternately, you can present the I-751 receipt (which is a 24-month extension letter) and your expired green card, plus a state driver's license/ID, and it will need to be reverified when the extension ends.