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  #1 (permalink)  
Old 01-05-2010, 11:22 AM
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Dec-07
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EB2
I140 Mailed Date
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Default E-Verify / I-9 Form is Mandatory for all H1bs?

I recently joined another employer who asked me to fill out I-9 E-verify form within 72 hours of joining. This form electronically verifies my I-94, visa status, drivers License number and SSN.
My wife has been working with her current employer on H1b for 1 year and she never filled out this form because her employer is not aware of the process. E-verify link below says you cannot join E-verify to verify existing employees but is only available for New hires while the lawyer said that I-9 form is Mandatory especially for all H1bs.

Question:
1. Is E-verify mandatory for all H1b employers/employees?

2. Since E-verify is applicable for new hires only, how can an employer comply with mandatory E-Verification for current employees?

Since employer is not aware of the process I think its H1b employees responsibility to make them aware of this process to avoid issues in future.

(Search for E-verify link of google/USCIS page for all details)

Last edited by ajp5; 01-05-2010 at 11:23 AM. Reason: spellings
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  #2 (permalink)  
Old 01-05-2010, 12:19 PM
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Dec-07
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I140 Mailed Date
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11/30/2007
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Quote:
Originally Posted by ajp5 View Post
I recently joined another employer who asked me to fill out I-9 E-verify form within 72 hours of joining. This form electronically verifies my I-94, visa status, drivers License number and SSN.
My wife has been working with her current employer on H1b for 1 year and she never filled out this form because her employer is not aware of the process. E-verify link below says you cannot join E-verify to verify existing employees but is only available for New hires while the lawyer said that I-9 form is Mandatory especially for all H1bs.

Question:
1. Is E-verify mandatory for all H1b employers/employees?

2. Since E-verify is applicable for new hires only, how can an employer comply with mandatory E-Verification for current employees?

Since employer is not aware of the process I think its H1b employees responsibility to make them aware of this process to avoid issues in future.

(Search for E-verify link of google/USCIS page for all details)
I-9 is mandatory. The employer can use a paper form (the usual way). If your wife's employer did not have her filled I-9 before, they can/should do so now. In this context, the "new" employee simply means whose employment eligibility with the given company was not verified before. Similarly, once your wife's employment eligibility with her company is verified, it need not be done again unless something substantive changes (e.g., her H1-B status goes away, etc.).

e-Verify is a different thing. I am not positive, but it wasn't mandatory (AFAIK, with one exception, only a company that uses e-verification could offer the "extended" OPT to an F-1 student).
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Last edited by raysaikat; 01-05-2010 at 12:22 PM.
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  #3 (permalink)  
Old 01-05-2010, 09:26 PM
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Mar-05
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08/02/2007
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See answers below:

1. Is E-verify mandatory for all H1b employers/employees?

The 1-9 form (paper) is mandatory for all companies. All federal contractors or sub-contractors with a FAR Clause needs to use everify to verify current work status for all employees, Other companies can opt in for all locations or individual worksites (states). Everify is used to verify work status for all - US Citizens (minor exceptions for persons with existing security clearances),US non citizen nationals, US Green card holders or guest workers under a Visa/EAD.

Everify is a separate program that allows companies to take the information and check work status. Some companies take the I9 information electronically with an electronic signature acknowledgement and use it for submission.

2. Since E-verify is applicable for new hires only, how can an employer comply with mandatory E-Verification for current employees?

The everify company registration allows companies who are currently working on Federal contracts with a FAR clause to screen all employees or employees on a specific program with a FAR Clause or only new hires. Due to difficulty of everifying each employee individually at different times, companies may choose to have all existing employees including Citizens undergo the everify process.
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