sertra2002
Registered Users (C)
armie said:Isn't the phrase "under penalty of perjury" strong enough?
Can you point to a single source which advises not to inform about the change of immigrant status. Every single legal opinion I've seen in this forum and else where advices to the contrary.
My point was I-9 considers H1 and GC status differently. You only have to glance the I-9 form to realise it.
The pharse is strong, I agree. But the answetr to this phrase is required at the TIME of filling. I did not say LIE in the application. A person fills the I-9 at the Time of initial joining. So lets say I was H1 when I joined. So I must put - Non-immigrant. Now lets say x days after joining my status changes to PR. What I am saying is, that it is not the employee's burden to inform the employer that his status changed, AS LONG AS HE REMAINS IN LEGAL WORKING STATUS.
The burden is on employer to confirm whether the employee is in legal status. I-9 is employers responsibility.
The employer must keep an updated I-9 form at all times, if he be audited by USCIS. How that is supposed to work is, say when I joined my H1 was valid till 14 Sept 2004. The employer must verify and obtain a NEW I-9 after sept 14, 2004 to ensure the employee is in legal work status. Thats all that I am saying. The law does not require you as an employee to go and tell the employer that your status has changed from H1 to GC. You may do this as its the right thing to do, but legally you are not required to do that.