Starting new employment with extension letter

[England2Wisco 13]

Hi guys, 

I've been offered a new job. I am unsure about using the extension letter with the i-9 requirements. Does anyone have experience with this? Would it be possible to book an infopass to get a temporary stamp? I'm a bit confused as to what to do... 

My letter expires March 16th. 

E2W

[Name O Boy 511]

1 hour ago, England2Wisco said:

Hi guys, 

I've been offered a new job. I am unsure about using the extension letter with the i-9 requirements. Does anyone have experience with this? Would it be possible to book an infopass to get a temporary stamp? I'm a bit confused as to what to do... 

My letter expires March 16th. 

E2W

You don't need to show them your extension letter or GC if you don't want to. You can bring your unrestricted SSC and a photo id(state id or drivers license). These should cover list B and List C items listed on Form I-9 for employment. You need one document from list A which would be your GC or proof of U.S citizenship for employment. If you don' t want to do that you can show one item from List B and C as I mentioned above. see the link below.  

https://www.uscis.gov/i-9

[divorcedgayman 11]

9 hours ago, Name O Boy said:

You don't need to show them your extension letter or GC if you don't want to. You can bring your unrestricted SSC and a photo id(state id or drivers license). These should cover list B and List C items listed on Form I-9 for employment. You need one document from list A which would be your GC or proof of U.S citizenship for employment. If you don' t want to do that you can show one item from List B and C as I mentioned above. see the link below.  

https://www.uscis.gov/i-9

 

If you are not a US citizen, do NOT falsely claim US citizenship on the I-9 form. Also, make sure that the HR department does not make a mistake while submitting information to the DHS for verification. Because you are not showing green card, they may mistakenly assume that you are a citizen presenting an unrestricted SSC and a photo ID.

Edited January 16, 2018 by divorcedgayman

[D.Ba 85]

The NOA clearly states it is valid for employment, like, in the first sentence.

[Name O Boy 511]

4 hours ago, divorcedgayman said:

 

If you are not a US citizen, do NOT falsely claim US citizenship on the I-9 form. Also, make sure that the HR department does not make a mistake while submitting information to the DHS for verification. Because you are not showing green card, they may mistakenly assume that you are a citizen presenting an unrestricted SSC and a photo ID.

That's not correct, as a permanent resident you can not lie filing I-9. You will be asked to provide your GC alien registration number when you are filling out the form. You can not claim to be a U.S citizen if you don't have any proof. If you falsify any information you are in trouble with the authorities. I got a job two months ago and in the I-9 form I choose the option 3 "A lawful permanent resident" and alongside there is a line where you will write your alien registration number. This is the option 3 on the first page of I-9. If you have done this part then you can submit items from List B and List C. Look at the link below:

https://www.uscis.gov/system/files_force/files/form/i-9-paper-version.pdf

Edited January 16, 2018 by Name O Boy

[divorcedgayman 11]

19 minutes ago, Name O Boy said:

That's not correct

 

LOLz. That's what I said! I said not to falsely claim US citizenship.

Edited January 16, 2018 by divorcedgayman

[mindthegap 2,605]

5 hours ago, D.Ba said:

The NOA clearly states it is valid for employment, like, in the first sentence.

But, the I-797 (aka NOA) isn't on the I-9 list of acceptable documents, like, anywhere 

[D.Ba 85]

I have it right in front of me, and the second sentence reads: "During the one-year extension you are authorized employment and travel."

Can't be clearer - like, every employer should understand that?

Of course, if the letter expires in March the employer might think that the applicant will be out of status after that.

[mindthegap 2,605]

15 minutes ago, D.Ba said:

I have it right in front of me, and the second sentence reads: "During the one-year extension you are authorized employment and travel."

Can't be clearer - like, every employer should understand that?

I have had two extension letters - I know exactly what they say.

However, it does not matter what it says. To fulfill the federal I-9 requirements (which is what the OP is worried about) then specific documents have to be presented, and the I-797 is not on that list. 

 

16 minutes ago, D.Ba said:

Of course, if the letter expires in March the employer might think that the applicant will be out of status after that.

Nope.

From the I-9 instructions: "The refusal to hire or continue to employ an individual because the documentation presented has a future expiry date may also constitute illegal discrimination"

[Mollie09 1,543]

10 hours ago, divorcedgayman said:

 

If you are not a US citizen, do NOT falsely claim US citizenship on the I-9 form. Also, make sure that the HR department does not make a mistake while submitting information to the DHS for verification. Because you are not showing green card, they may mistakenly assume that you are a citizen presenting an unrestricted SSC and a photo ID.

This would only happen if HR filled out the form for you, which you really shouldn't let them do.

There's a space to clearly indicate your status.

[England2Wisco 13]

16 hours ago, mindthegap said:

I have had two extension letters - I know exactly what they say.

However, it does not matter what it says. To fulfill the federal I-9 requirements (which is what the OP is worried about) then specific documents have to be presented, and the I-797 is not on that list. 

 

Nope.

From the I-9 instructions: "The refusal to hire or continue to employ an individual because the documentation presented has a future expiry date may also constitute illegal discrimination"

So I read the handbook for employers provided by the USCIS...

 

LPRs and conditional residents may be issued temporary I-551 documents. These documents are acceptable for Form I-9 as follows:
 

The combination of an expired Permanent Resident Card and a Form I-797, Notice of Action, that indicates that the card is valid for an additional year, is an acceptable List C evidence of employment authorization for one year as indicated on Form I-797. At the end of the one-year period, you must reverify.
 

So it seems that the extension letter does meet List C, as long as you have something in list B (like a drivers license). 

[mindthegap 2,605]

That is good to know. Do you have a link for that?

Shame that they didn’t update the form and instructions to reflect that! 

[England2Wisco 13]

Just now, mindthegap said:

That is good to know. Do you have a link for that?

Shame that they didn’t update the form and instructions to reflect that! 

https://www.uscis.gov/book/export/html/59502/en Page 27. 

 

It does say it on the I-9... number 8 on Section C

 

 

[mindthegap 2,605]

1 hour ago, England2Wisco said:

 It does say it on the I-9... number 8 on Section C

 

 

Not there....at least not on the version on the USCIS I-9 page

 

[England2Wisco 13]

2 minutes ago, mindthegap said:

 

 

Not there....at least not on the version on the USCIS I-9 page

 

On mine it is number 8, but on this it is number 7.