I-9 Question - employer wants to to send them the new green card

[jesliwoo]

Hello friends,

I got my conditional green card through marriage and my card is expiring in 2 months. I started working for a company weeks ago and the HR asked me to 'send me the new green card when I have one'. I think she wants to reverify my employment eligibility. However, I believe that the employer should not reverify my I-9 as long as my GC is not expired when I show them the card. In this case, how should I communicate with my employer? What if they still want to reverify? I have already filed the removal of condition and gotten the I-797 which indicates my expiration of GC is extended for 2 years. However, expired GC + I-797 is actually a List C document for I-9, and I don't think they should reverify it.

Thank you!

[newacct]

That is correct. If you presented an unexpired 2-year green card for the I-9, they should not reverify your documents. See this section of the Handbook for Employers. If they reverify green cards when they expire, but for US citizens who presented US passports for the I-9, they do not reverify those people's passports when they expire (which basically no employer does), it's illegal discrimination on the basis of citizenship status, and you can report it to the Immigrant and Employee Rights section of the Department of Justice. Many companies have been fined for doing this.

[jesliwoo]

newacct Thanks for confirming it. I know I may file a complain but I indeed think the HR does it unintentionally. Also, I don't think it will do my anything good by complaining it. In this case, maybe I can communicate it to the HR and hopefully they will understand? Thank you!

[newacct]

Yes. And if you show them the handbook and they still demand to re-verify, and you don't want to complain, you can either use your driver's license (a List B document) plus your expired green card plus I-751 receipt (a List C document, but this will require re-verification later), or use your driver's license (a List B document) plus your unrestricted Social Security card (a List C document; they will not reverify this since Social Security cards don't have an expiration date).