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Stuck between first day at new office policies and Indian passport renewal

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ksri

Junior Member
What is the name of your state (only U.S. law)? California

I am on H1 visa and got an offer from new company who filed my H1 transfer. After submitting my visa papers to the new company I submitted my indian passport for renewal at SFO indian embassy as it is to expire in mid july. I had informed the legal team/HR of the new firm about this.
Now on first day at work in new company they are asking to furnish original passport to start work. I resigned from my old firm 2 days before first day at new firm. Is driver's license(identity proof) and I-797(work authorization proof) not sufficient to join a new firm after they have filed for H1 transfer.
The problem is indian embassy is processing the passport renewal application since 3 weeks and there is as such no process to withdraw the passport. I am running everyday to SFO Indian embassy. My joining date has been moved by a week but how long will a company wait? Can I get help fom law here.
Also there are laws that no one can stay on H1 visa without a payroll running more than 2 weeks. What to do now..is there a way I can join the firm and produce the original passport in a week or two?
 


ksri

Junior Member
are these requirements for a specific form being filled out? If so, what is that form?
I think they are for the I-9 form. I am not sure though. But I have seen dozens of people(H1 transfer) joining office without having to furnish original passport on first day.
 

justalayman

Senior Member
go here

http://www.uscis.gov/files/form/i-9.pdf


and read the instructions.


There is a list on the last page of the pdf. It states that you must provide 1 document from column A OR 1 document from column B PLUS one document from column C


I did not see the document you listed on that list. The employer cannot mandate and specific document within any of the lists.
 

Stephen1

Member
IF the form you are filling out is the I-9, then you need one document from Column A or one document from Column B plus one document from Column C.

If your driver's license is issued by a U.S. state or an outlying possession of the U.S. and it contains a photograph or information such as name, date of birth, gender, height, eye color, and address then it meets the requirements for a document from Column B.

If your I-797(work authorization proof) is an "Employment authorization document issued by the Department of Homeland Security" then it meets the requirements for a document from Column C.

Illustrations of many of these documents appear in the Handbook for Employers (M-274).

BTW, I once worked for a government agency that was convinced that you needed two documents for the I-9 and when some of us provided our Passports w/o other documentation they tripped off-line. Tread softly as you educate HR.
 

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