I-9 Reverification

[travelfairy 22]

I have been here for about 6 years on an L1-B. I got married in August and filed for AOS in September. My visa expired at the end of September. My EAD came through 2 months later.

My company let me reverify with my I-9, and now has no interest in seeing my EAD.

This to me doesn't seem right. The USCIS site says you can only reverify with an I-94 if your work authorization is current (mine was expiring the next day, but I had already overstayed the 5 year in country maximum). Plus, of course, if my employer doesn't get a copy of my EAD, then they aren't going to know when it expires.

These are meant to be intelligent people. Is there a loophole I don't know about? Or are they clueless?

BTW - not too upset as it has meant continued employment for me, but I would like to know the situation.

[hmh33 117]

I believe this is a mistake on their part, they should have a copy of your EAD on file with the I-9 for their records.

Here's a completely different possible I-9 loophole:

Immigrant is granted conditional LPR through marriage

Immigrant obtains unannotated social security card and state driver's licence, valid 5 or more years

Immigrant stays beyond the 2 year validity of her conditional green card and doesn't bother to file I-751, and is no longer legally present in the USA

Immigrant subsequently takes a job and presents social security card and valid driver's license - acceptable by themselves for the I-9 without presenting the green card.

Thoughts?

[maybeifancyu 4]

I believe this is a mistake on their part, they should have a copy of your EAD on file with the I-9 for their records.

Here's a completely different possible I-9 loophole:

Immigrant is granted conditional LPR through marriage

Immigrant obtains unannotated social security card and state driver's licence, valid 5 or more years

Immigrant stays beyond the 2 year validity of her conditional green card and doesn't bother to file I-751, and is no longer legally present in the USA

Immigrant subsequently takes a job and presents social security card and valid driver's license - acceptable by themselves for the I-9 without presenting the green card.

Thoughts?

yes until their driver's license expires I guess.

[travelfairy 22]

I made one error - I said:

"My company let me reverify with my I-9, and now has no interest in seeing my EAD."

What I meant to say was:

"My company let me re-verify with my I-94 for my I-9."

------

Interestingly enough, my current I-94 has an expiration date of 2015, even though when I obtained it (in April 2012) I was 5 months from visa expiration (but already out of status due to the 5 year physical stay limit).

My company has insisted that my I-94 is all it needs. On the USCIS website, on their page detailing acceptable documents, under List A:

Foreign passport with Form I-94 or Form I-94A, Arrival/Departure Report bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status that authorizes such alien to work for a specific employer incident to this status.

This document may only be used if the period of endorsement has not yet expired and the proposed employment does not conflict with any restrictions or limitations listed on Form I-94 or I-94A, Arrival/Departure Report . Note: Some individuals who present this List A document, such as certain nonimmigrant students and exchange visitors, must also present additional documentation in order to prove their work authorization in the United States.

I can see how this could read in a number of ways, including that if the I-94 contains an endoresement of the status that authorizes work, it's ok. I personally read it as the PASSPORT needs to contain the endorsement of the nonimmigrant status and work authorization.

For that alternative scenario presented, the employee is required to state on the I-9 their "Citizenship or employment-authorized immigration status, and (if applicable) Alien or Admission number and the date employment authorization expires".

If they lie about their status, and have documents to support it, then they are in big trouble if caught. I believe the employer would be off the hook.

[hmh33 117]

Ah, then that sounds like possibly CBP's screwup rather than the company's - I don't think you should have been issued an I-94 valid that long? It's not uncommon for the I-94 to be valid after the expiry of the visa (the visa is just a travel document) but I would have expected the I-94 to expire after the 5 year maximum. IDK, haven't been in that situation.

[travelfairy 22]

Yeah, my lawyer said they definitely screwed up. When I last came back into the country in April, I was already over my maximum stay rule but didn't know it at the time. If CBP had a clue they could have easily prevented me from coming back in (and I had dog, house, car... my entire life in the US) and it could have been a complete mess.

Funnily enough, I've travelled a lot internationally for business, and into and out of different airports, and not once has CBP picked it up, even though I have both visas (original and renewal) in my passport.

Very happy they put what they did and let me through. Thank goodness I have an innocent face!

[kzielu 1,149]

Isn't that as simple as your e-verify came back with positive results so your company did not wanted anything more than they already had ? And the e-verify "seen" your EAD in the database ?

(doesn't take responsibility from your company to maintain proper documentation though).

[travelfairy 22]

Nope - because they did it a month before the EAD was issued. ;-)