New USCIS eligibility form questions

[corvusheart 163]

 My husband just landed a new job. He was just handed a USCIS Employment Eligibility Form to fill out by his new employer. He is currently in ROC pending status since February 2017. One of the questions states under Section 1 question 4. An alien authorized to work until (expiration date, if applicable, mm/dd/yyyy) :. He's a permanent resident not on a work visa. But his ROC is still pending. He has a I-551 stamp in his passport since his extension letter has expired. The stamp extends his employment for a year so April 2019.  Does that mean he has to put down April 2019 as when his employment technically expires? Or should he put N/A since he will be gaining 10 year GC or citizenship in the next 2 years?

[usmsbow 802]

The couple times my wife has changed jobs since filing for ROC, she's put the date her extension letter expires (October of this year). 

[corvusheart 163]

2 minutes ago, usmsbow said:

The couple times my wife has changed jobs since filing for ROC, she's put the date her extension letter expires (October of this year). 

Won't that confuse the employer?

[usmsbow 802]

2 minutes ago, corvusheart said:

Won't that confuse the employer?

 How so? 

[corvusheart 163]

3 minutes ago, usmsbow said:

 How so? 

Won't that discourage the employer from hiring him? Since he will think he can only work for a year when that's not the case.

[usmsbow 802]

Well I looked at the form and stand corrected. It says check one of the following boxes, so he should check box 3 and ignore #4. 

 

[Marieke H 2,523]

Shouldn't he just check option 3, "legal permanent resident"? Even though his conditional greencard may have expired, I think the stamp extends his permanent residency.

[usmsbow 802]

5 minutes ago, corvusheart said:

Won't that discourage the employer from hiring him? Since he will think he can only work for a year when that's not the case.

 

I corrected myself (he should check box #3 and ignore 4), but at the top it also states:

 

 

So the employer would be breaking the law in the scenario you gave. 

 

Edited June 4, 2018 by usmsbow

[corvusheart 163]

3 minutes ago, usmsbow said:

 

I corrected myself (he should check box #3 and ignore 4), but at the top it also states:

 

 

So the employer would be breaking the law in the scenario you gave. 

 

So should he just check box #3 and ignore #4 and it's expiration date?

[Marieke H 2,523]

I got hired before I got my Greencard, I only had my EAD at that time. So I did check option 4, and wrote down the expiration date of my EAD. It is illegal to not hire someone because their work authorization documents have an expiration date. But in his case, he should just check option 3 because he is still a permanent resident.

[usmsbow 802]

19 minutes ago, corvusheart said:

So should he just check box #3 and ignore #4 and it's expiration date?

 

Yep, exactly.