Filling I-9 for work during I-751 Petition to Remove Conditions on Residence process.

[Ventu2023]

Hello Everyone

I'm in the middle of the I-751 Petition to Remove Conditions on Residence process. My plastic Green Card has already expired, however I received the I-797 Notice of Action Letter stating that it was extended for 3 more years. When it comes to filling Form I-9 (Employment Eligibility Verification) for a new job:

What's the correct way of filling in page 2 of Form I-9 in that situation? On one hand it states that all of the documents should be unexpired, however I've found this information on the USCIS website:

'A Form I-797, Notice of Action, receipt notice for Form I-751 Petition, to Remove Conditions, with an expired PRC. This notice indicates that USCIS has extended the PRC validity. This combination of documents is an acceptable List C document that establishes employment authorization and must be presented with a List B document that establishes identity for new hire. Employers must reverify the employee's employment authorization before the extension ends.'

https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents/examining-documents/reminder-permanent-resident-presenting-a-form-i-797-notice-of-action-with-an-expired-prc

The thing is that it doesn't say where exactly should my employer put those details on the I-9 form.

Should my employer put the expired Green Card in List A, State ID document in List B, and my I-797 Notice of Action Letter in List C?
Or should they write information about my expired Green Card in the 'Additional Information' box on page 2?
Or maybe they should do something completely different?

Thank you for any advice.

[newacct]

You have two options for documents to present:
1. You can present your unrestricted Social Security card (a List C document) plus your state driver's license/state ID (a List B document), and not present anything related to your green card or Removal of Conditions at all. This does not have to be re-verified at any time. An unrestricted Social Security card means one that doesn't say on it something like "valid for work only with DHS authorization". If you got your SS card or updated your SS card after you got your green card, it will be unrestricted.
2. You can present your expired green card and extension letter (which is the I-751 receipt), which together serve as a List C document, plus your state driver's license/state ID (a List B document). This needs to be re-verified at the end of the extension period (i.e. 48 months after your green card expired). I believe they would list just the extension letter as a List C document, and not list anything in List A.

Given that it saves you from re-verification, and is simpler to present, I suggest you go with the first option (unrestricted Social Security card plus state driver's license/state ID), unless you still have not updated a restricted SS card from before you got your green card.