I filed my EB-5 I-829 application and received the I-797 receipt, which will expire very soon. I tried to make an appointment with USCIS to get an I-551 stamp but I received an email saying “there are no available appointments with the field office that you need to visit.” It seems like I will not be able to get an I-551 stamp before my I-797 expires. Is it mandatory to get an I-551 stamp while I wait for the I-829 to be processed? Will this affect my work status in the U.S.? How will this impact my immigration status?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you were I-9d with a two-year plastic card, your employer should not need to update your I-9. But if they used a temporary green card stamp, you will need a new temporary green card stamp. There is no magic to getting an appointment; you have to call, be persistent and explain that your employer needs proof of your right to be employed, if true. If not, and you do not have driver''s license extension issues or the need to travel abroad, then you may not have to get a new temporary green card stamp.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyYou will continue to maintain your conditional permanent resident status so long as your I-829 is pending. The I-797 receipt notice and I-551 passport stamp serve as proof of your conditional residency status for employment and travel purposes. You will want to obtain an I-551 stamp to ensure you have evidence of your status for your employer to use on Form I-9. I would try calling USCIS again to see what availability there is at other field offices.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe I-551 is just evidence of your PR status. I would keep calling to get the info pass and explain your receipt will be expiring and this is necessary.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you do not need it for work or travel, they will not give it to you. And you do not need it.
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