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ask31

Is it required to list a job on n400 form which u got hired for,did all the paperwork and everify,I9 etc but never started ?

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Filed: Citizen (apr) Country: Myanmar
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My understanding is I-9s are supposed to be entered on the day you start, not before.  
 

This said, if you weren’t paid for the job, you didn’t work there.  

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Filed: Citizen (apr) Country: Myanmar
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2 hours ago, ask31 said:

I read that I9 can be asked to fill out after accepting the job offer but before starting it.

Where did you read that?

 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/20-who-must-complete-form-i-9

 

Ensure the employee completes Section 1 of Form I-9 at the time of hire. “Hire” means the beginning of employment in exchange for wages or other remuneration. The time of hire is noted on the form as the first day of employment. 


Seems clear to me.  
 

If employers were allowed to make a employees fill out I-9 before they started work, then employers could rescind offers of employees who presented I-9 credentials they didn’t like.  This is illegal.  

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13 hours ago, Mike E said:

Where did you read that?

 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/20-who-must-complete-form-i-9

 

Ensure the employee completes Section 1 of Form I-9 at the time of hire. “Hire” means the beginning of employment in exchange for wages or other remuneration. The time of hire is noted on the form as the first day of employment. 


Seems clear to me.  
 

If employers were allowed to make a employees fill out I-9 before they started work, then employers could rescind offers of employees who presented I-9 credentials they didn’t like.  This is illegal.  

That is where I read it,it's just after the line I quoted.

20220331_155615.jpg

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On 3/28/2022 at 4:34 PM, Misscloud said:

No. Just the job that you really took 

I accepted the job offer and did all the paperwork (I9,everify,background check etc.) But never actually started the job and never got paid for anything because I found a better job in the meantime. Is that considered employment?

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13 hours ago, Mike E said:

Where did you read that?

 

https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/20-who-must-complete-form-i-9

 

Ensure the employee completes Section 1 of Form I-9 at the time of hire. “Hire” means the beginning of employment in exchange for wages or other remuneration. The time of hire is noted on the form as the first day of employment. 


Seems clear to me.  
 

If employers were allowed to make a employees fill out I-9 before they started work, then employers could rescind offers of employees who presented I-9 credentials they didn’t like.  This is illegal.  

Did i misread or misinterpret the text I quoted in my reply?

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Filed: Citizen (apr) Country: Myanmar
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1 minute ago, ask31 said:

Did i misread or misinterpret the text I quoted in my reply?

 What you’ve quoted doesn’t say employees can be compelled to fill out I-9 before they are hired.  It gives you a choice.  

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1 minute ago, Mike E said:

 What you’ve quoted doesn’t say employees can be compelled to fill out I-9 before they are hired.  It gives you a choice.  

In an earlier post,u said its illegal to do it before hire so I just wanted to mAke sure. I interpreted it as it's ok to complete it before the " date of hire". Like I didnt do anything wrong by filling it out in advance. ???

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Filed: Citizen (apr) Country: Myanmar
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25 minutes ago, ask31 said:

In an earlier post,u said its illegal to do it before hire so I just wanted to mAke sure. I interpreted it as it's ok to complete it before the " date of hire". Like I didnt do anything wrong by filling it out in advance. ???

I’ve reviewed every post in this thread and I don’t see where I wrote that it is illegal for the employee to fill out I-9 before starting work.  If you can quote where I did so, mea culpa, and please do quote it and I will post a correction.  
 

What is illegal is compelling an employee to fill out I-9 before being hired.  And I explained why it is illegal.  To elaborate, when Congress introduced the requirement for I-9, there was a concern that I-9 could be used as a pretext for discrimination on the basis of national origin. 

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13 minutes ago, Mike E said:

I’ve reviewed every post in this thread and I don’t see where I wrote that it is illegal for the employee to fill out I-9 before starting work.  If you can quote where I did so, mea culpa, and please do quote it and I will post a correction.  
 

What is illegal is compelling an employee to fill out I-9 before being hired.  And I explained why it is illegal.  To elaborate, when Congress introduced the requirement for I-9, there was a concern that I-9 could be used as a pretext for discrimination on the basis of national origin. 

 I think I understand the confusion now. You meant to say the employer forcing me to do it would be illegal and I misunderstood it as you saying me filling it out as being wrong. Im sorry if I offended or anything of the sort, I just wanted to mAke sure that I didn't have any half or wrong ideas or knowledge about I9. My main concern was to make sure im compliant with all the rules.

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2 hours ago, ask31 said:

I accepted the job offer and did all the paperwork (I9,everify,background check etc.) But never actually started the job and never got paid for anything because I found a better job in the meantime. Is that considered employment?

No ! 
employment = u got paid and do the actual work. Fill up a form means nothing if you don’t work there 

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