Pending I751 and filing I9 for new job... help!

[Okanas 0]

Hello there, I am new to this forum. I recently got a new job that will start on April 1st and I will need to fill an I9. They have requested that I bring documentation and I have a valid driver's license and SSN without restrictions. Since I'm in the middle of my pending I751, and I received my I797 extending for 18 months (which will expire in December 2019), I wonder, do I have to tell them my I797 is expiring? what do I choose in the section that asks what I am, as in, a US Citizen, Non-citizen national, Lawful Permanent Resident or Alien authorized to work? The way  I see it, if I choose LPR, it does not ask for an expiration date and I guess since I have a valid DL and SSN card, I don't really need to show my green card, right? But, do I have to choose "Alien Authorized to work" since that is the one that specifies an expiration date plus Alien number? I am just nervous about them getting goofy about the expiration date, as I am supposed to not be able to get off work for the first 10months of employment, it is a requirement. I will need to go and get a stamp I551 (and my passport is expired and impossible to renew as I am from Venezuela and our consulates and embassies are like not operating due to political unrest in the country). But I have read they will give it to me on a blank I94 if I bring two passport photos and my expired passport.

Thank you for your response.. please note my main question is about the I9.

 

Okanas

[Hypnos 6,576]

On an I-9 you would check the box for lawful permanent resident.

 

As you say, you can use your valid DL and social security card as your I-9 verification documents, and don't need to use your green card if you don't want to.

[Okanas 0]

I just have another question. I filled another I9 about two months ago while working self employed for another company and I was confused and did fill the fourth option on that one, stating the expiration date from my I797. If I file this new I9 simply checking the box that says "Lawful permanent resident," would that be like conflicting information in the eyes of DHS? Thank you!

[Hypnos 6,576]

Those I-9s rarely reach DHS. They are just usually held by the company and then if they are audited by DHS they then have to turn them over. 

 

If anything ever happens you can explain it at that time, but it's highly, highly unlikely. 

[tennnis123 14]

Congratulations on the new job! I recently switch companies too and I only presented by "clean" SSN and Driver's License as for the I9 I think I just mark as LPR. I had all my extensions letters, I-551 stamp and expired green card with me in case my employer asked for them but the SSN and DL was enough.

[Okanas 0]

Thank you for your answers. However, I still have a question. My employer is the state government. I think perhaps they will run the I9... what will they see when they run it? Will the results show what I sent to that other company a month ago and that I have been extended for 18 months? or will it simply say that I am authorized to work? My thoughts are, the 10 month period in which I cannot ask for permission to leave will end un February 1st of 2020, but the extension letter will expire on December 22 of this year 2019. That meant, that if I have not received a response from my I751 by then, I will have to go and get a I551 stamp, for which I will have to ask for permission to leave... Processing time for my case center is supposed to be between 15 and 19.5 months, and the 19.5 months will be exactly in December 2019. See, I feel in a pickle, like if I don't tell them I have a I 751 that will expire, and then all of a sudden in November I am asking for permission to go to a USCIS appointment because I have to renew my paperwork, they might ask why didn't I tell them.. but on the other hand, If I do receive a PRC before the I 751 expires, then they will probably never even know I was about to expire. I probably am making this more of a deal than what it actually is, but I just would like to hear your thoughts on the matter.

 

Very much grateful for your time to answer.

 

Okanas

 

[xillini 71]

E Verify will check your legal status of whether or not you are authorized to work or not legally. And since it is state government, I am quite sure majority of state government as an employer would run its employees for E Verify (if they hire someone that's not authorized to work and later it becomes an issue, it will be very funny in other way). 

 

However, the issue here is that E Verify won't indicate your legal status is terminated for work authorization upon your I 797 expiration date. All Conditional Permanent Resident will be treated as the same as Permanent Resident until USCIS decided to deny your I 751 and put to deportation court for judge hearing if the denied applicant choose to bring to the court. Even then, you can request I 551 during court hearing pending period, and USCIS is required to give you a stamp, meaning that they will have to update E Verify again (if USCIS is that much dilligent and working hard). 

 

So that being said, the chance that your employment is terminated when I 751's notice of action expiration date is today is very slim and therefore it won't be a practical issue. Later if your I 751 is denied, then sure, it can be an issue, and I am not sure how strong your I 751 is, but in general, it is practically bare to zero threat to your employment. 

 

When you write I 9, just make sure you put Lawful permanent resident. Depending on your coordinator or HR person, they might ask you to bring Green Card (Many Americans don't even know what a permanent resident card is). But again, since it's state government, I would assume that no state government wants to hire illegal, which will be embarrassing and politically controversial in the future, so their HR will be better trained to check your green card if you mark as a permanent lawful resident and its background information such as acceptable IDs for I 9, meaning that it favors you. 

 

Now for practical reason such as your driver license, you still want to have I 551 for renewing DL, and for that I have no good suggestion. The chance is you can wait and see what will happen to your I 751 and decide it later. I see more I 751 is approved these days, and it seems that USCIS is finally working on cracking down backlog of I 751. So that would be my bet

[H-M 169]

4 hours ago, Okanas said:

Thank you for your answers. However, I still have a question. My employer is the state government. I think perhaps they will run the I9... what will they see when they run it? Will the results show what I sent to that other company a month ago and that I have been extended for 18 months? or will it simply say that I am authorized to work? My thoughts are, the 10 month period in which I cannot ask for permission to leave will end un February 1st of 2020, but the extension letter will expire on December 22 of this year 2019. That meant, that if I have not received a response from my I751 by then, I will have to go and get a I551 stamp, for which I will have to ask for permission to leave... Processing time for my case center is supposed to be between 15 and 19.5 months, and the 19.5 months will be exactly in December 2019. See, I feel in a pickle, like if I don't tell them I have a I 751 that will expire, and then all of a sudden in November I am asking for permission to go to a USCIS appointment because I have to renew my paperwork, they might ask why didn't I tell them.. but on the other hand, If I do receive a PRC before the I 751 expires, then they will probably never even know I was about to expire. I probably am making this more of a deal than what it actually is, but I just would like to hear your thoughts on the matter.

 

Very much grateful for your time to answer.

 

Okanas

 

 

Your LPR status (& your work authorization) does not expire when your 2yr conditional GC or the 18-month extension letter expires, as long as your I-751 petition is pending.

 

You mentioned earlier that you have an unrestricted Social Security Card. For the I-9 requirement, you can use a Driver License (List B Document) + Unrestricted Social Security Card (List C Document). On the I-9 form, you would select the option that you are a "Lawful Permanent Resident" & write your Alien#. 

If you are providing your DL + unrestricted SSN Card to your employer, you may choose not to show your expired 2yr GC or Extension Letter. Your employer cannot specifically ask to see your GC or extension letter (for example to check your Alien#), it is illegal for them to do so. See below.

https://www.uscis.gov/i-9-central/questions-and-answers

 

 

Lastly, if your employer is a state government, most likely they will check your work authorization via E-Verify. You do not need to provide any additional information for E-Verify, other than what you would provide on the I-9 Form + Supporting Documents.

 

You can also do a Self-Check of your employment status on the E-Verify system, using the link below. Click on Start Self-Check or you can also register for an account. I have noticed that the Self-Check option is unavailable frequently due to website maintenance, if you see that just try again another time.

https://www.e-verify.gov/mye-verify

 

Good luck!

Edited February 28, 2019 by H-M

[Hypnos 6,576]

Again, no employer "runs" I-9s or does anything with them besides storing them unless and until DHS performs an audit of that employer.

 

For a state governmental agency, that's going to be unlikely.

[Okanas 0]

I just want to say, Thank you very much too all you who took some of your time to answer my question. I really appreciate it. I forgot to mention I will be sending in my application for Citizenship during the first week of April, as I will already be elegible and I was told it is ok to apply when the window opens, even if the I 751 is not completed yet. Crossing my fingers for having everything resolved before the end of this year!! Thanks!