Which documents (split)

[mepck 197]

11 hours ago, ineedadisplayname said:

That is why I always do driver license + unrestricted ssn card... nobody bugs you until your driver's license expires....

Hi, when you use these two documents for I9 (DL + unrestricted SS Card), which one should we tick on the USCIS Form I-9? - I am not sure if it should be (2) or (3):

 

1. A citizen of US --> definitely not this one, because I am in the ROC process

2. A non citizen national of the US

3. A lawful permanent resident (Alien Registration Number/USCIS Number)

4.  An alien authorized to work

 

Thanks!

[Fe.Ta 874]

7 minutes ago, mepck said:

Hi, when you use these two documents for I9 (DL + unrestricted SS Card), which one should we tick on the USCIS Form I-9? - I am not sure if it should be (2) or (3):

 

1. A citizen of US --> definitely not this one, because I am in the ROC process

2. A non citizen national of the US

3. A lawful permanent resident (Alien Registration Number/USCIS Number)

4.  An alien authorized to work

 

Thanks!

For you, it should be #3 a lawful permanent resident.

You already had your 2-yr GC and you are in the ROC process.  Even though the GC expired, you have the extension letter and you have filed for ROC, so you continue to have a good status and be a lawful permanent resident.

[ineedadisplayname 496]

8 minutes ago, mepck said:

Hi, when you use these two documents for I9 (DL + unrestricted SS Card), which one should we tick on the USCIS Form I-9? - I am not sure if it should be (2) or (3):

 

1. A citizen of US --> definitely not this one, because I am in the ROC process

2. A non citizen national of the US

3. A lawful permanent resident (Alien Registration Number/USCIS Number)

4.  An alien authorized to work

 

Thanks!

 

If you are doing ROC it means you have a green card, hence you are a A lawful permanent resident. Tick number (3).

Number (2) is an interesting category and based on some google searching it comes down to US territories.

 

[mepck 197]

1 hour ago, Fe.Ta said:

For you, it should be #3 a lawful permanent resident.

You already had your 2-yr GC and you are in the ROC process.  Even though the GC expired, you have the extension letter and you have filed for ROC, so you continue to have a good status and be a lawful permanent resident.

Thank you so much! I ticked #3 as well for my current job (last time my GC was not expired, so I used GC + DL --> 2 years later the HR asked me for updated GC status for re-verification purpose per HR; I provided her my expired GC + extension letter + DL). Just wondering, in the future, if I would like to change work, if we tick #3 and provide the Unrestricted SS Card + DL license, will the new employer ask our LPR status since it will show our Alien # in the form? 

 

1 hour ago, ineedadisplayname said:

 

If you are doing ROC it means you have a green card, hence you are a A lawful permanent resident. Tick number (3).

Number (2) is an interesting category and based on some google searching it comes down to US territories.

 

Got it, thanks a lot! I thought whenever we tick the #3, it should be the un-expired GC + DL OR Expired GC + Extension letter + DL. So, I still can tick #3 and provide DL and unrestricted SS Card instead?

Edited July 28, 2023 by mepck

[Ontarkie 14,207]

~~Hijack post and related replies split off to their own thread. PLease do not post questions of your own case in other member's threads.~~

[Fe.Ta 874]

23 hours ago, mepck said:

Thank you so much! I ticked #3 as well for my current job (last time my GC was not expired, so I used GC + DL --> 2 years later the HR asked me for updated GC status for re-verification purpose per HR; I provided her my expired GC + extension letter + DL). Just wondering, in the future, if I would like to change work, if we tick #3 and provide the Unrestricted SS Card + DL license, will the new employer ask our LPR status since it will show our Alien # in the form? 

 

Got it, thanks a lot! I thought whenever we tick the #3, it should be the un-expired GC + DL OR Expired GC + Extension letter + DL. So, I still can tick #3 and provide DL and unrestricted SS Card instead?

Unrestricted SSN and DL should be sufficient.  However, there are some HR people that might ask for the GC given the fact that you do have an alien #.  The re-asking for it after employment is normal and that is because the original GC did say it was valid for two years.  It is the same thing if you haven't updated your information in 48 months, they might ask for it again when they see the extension letter also expired.  At which point, you will just provide the 10 yr GC or just show them a new extension letter or stamp on your passport.  But, don't forget, your expired GC and extension letter makes your GC a valid one and shows you do have a legal status - don't let others tell you otherwise.  Sometimes you have to educate people at workplaces because some HR have not seen them or do not know the immigration process.

Yes, no matter what (as of today), you will choose #3 because you are a LEGAL and PERMANENT RESIDENT.  It just means that now you have to show Expired GC + Extension letter (which equals unexpired GC) + DL + unrestricted SSN (this one is just helpful to have an provide no matter what).

Once you become a citizen, then it will be a different story.

[powerpuff 6,670]

13 hours ago, Fe.Ta said:

The re-asking for it after employment is normal and that is because the original GC did say it was valid for two years

Actually, by law, they’re not allowed to ask to see a GC again for reverification if at initial hiring you showed an unexpired GC. 

 

6.0 Completing Supplement B, Reverification and Rehire of Form I-9

Reverification is never required for U.S. citizens or noncitizen nationals. Reverification is also never required when the following documents expire: U.S. passports, U.S. passport cards, Permanent Resident Cards) also known as Green Cards), and List B documents. Other noncitizens may require reverification.

 

Also here:

7.0 Evidence of Employment Authorization for Certain Categories

7.1 Lawful Permanent Residents (LPR)

You must allow employees to choose which document(s) they will present from the Lists of Acceptable Documents. In Section 2, an LPR may choose to present a List A document (such as Form I-551, Permanent Resident Card, commonly referred to as a Green Card) or a List B and C document combination (such as a state-issued driver’s license and unrestricted Social Security card). You are not required to reverify the employment eligibility of a lawful permanent resident who presented these documents and you should not reverify their employment authorization.

Forms I-551 may have:

• No expiration date. We issued these cards from January 1977 to August 1989.
• A 10-year expiration date.
• A two-year expiration date.

 

Reverification is never required when any of the documents listed above in this section expire.

……

 

Do not reverify the following documents after they expire:

• U.S. passports;
• U.S. passport cards;
• Form I-551, Alien Registration/Permanent Resident Cards; and
• List B documents.  

11.4 Avoiding Discrimination in Recruiting, Hiring, and the Form I-9 Process

You should treat people equally when verifying employment authorization and identity.

For example:

• Don’t request that someone who presented an unexpired Permanent Resident Card present a new document when the Permanent Resident Card expires.

https://www.uscis.gov/book/export/html/59502

Edited July 30, 2023 by powerpuff

[mepck 197]

Perfect! Thank you so much @Fe.Ta and @powerpuff! I really appreciate your input!