NIV 240 Day Auto Extension Guide

HOW TO DOCUMENT AUTOMATIC EXTENSIONS OF STAY IN TRACKER

This guide shows how to update an I-9 that qualifies for an automatic work authorization extension based upon an I-797C for a pending Form I-129 petition to extend status.

It is important to note that how the I-9 is updated will depend on the following factors:

• Whether the I-9 was created within Tracker I-9 Complete or whether it is a historical record that was imported into Tracker.
• The section in which the previous work authorization was documented for the employee.

To update the I-9 when the previous I-9 was created within Tracker I-9 Complete, please take the following steps:

1. Navigate to Section 2 or Section 3 of the employee that qualifies for the extension.
2. Click on the Additional Documents dropdown for existing “List A Employment Authorization Document”.
   

3. In the Additional Document selector that appears, choose Nonimmigrant Extension w/ Current Employer and click the Continue with Selected Document(s) button.
   

4. The List A document fields will expand, and the I-9 Manager will now be able to enter in the Form I-129 petition Extension Filing Date and Reverification Due Date.
   

5. The I-9 Manager should enter the date the Form I-129 extension was filed with USCIS per the Form I-797C Receipt Notice. As a reminder, this date must be before the employee's I-94 expiration date in order to be considered timely filed. Once the Extension Filing Date is entered.
   1. The Reverification Due Date will automatically calculate to 240 days from the Form I-94 expiration date.
   2. The Additional Information text field in Section 2 will auto-populate with the text “Section 2 240-Day Ext. I-129 Filing Date [Extension Filing Date]".
      
   3. When the I-9 Manager updates Section 3, the Additional Information text field will auto-populate with the text “Section 3 240 Day Ext. I-129 Filing Date [Extension Filing Date]”.
6. The I-9 Manager should click Save/Acknowledge and electronically sign the amendment recording the changes.
7. The employer must reverify the employee’s employment authorization in Section 3 once they receive a decision from USCIS.

Alternatively, if the employee has not yet received the I-797C, you should upload copies of the following documents while you await the I-797C:

• A copy of the new Form I-129.
• Proof of payment for filing a new Form I-129.
• Evidence that you mailed the new Form I-129 to USCIS.

To update the I-9 when the previous I-9 was imported into Tracker, please take the following steps:

1. Navigate to Historical I-9 Section 2 or Section 3 of the employee that qualifies for the extension.
2. Update the Additional Information textbox with the text “Section 2 240-Day Ext. I-129 Filing Date [Extension Filing Date]", being sure to enter the date the Form I-129 was filed with USCIS. As a reminder, this date must be before the employee's I-94 expiration date in order to be considered timely filed.
   
3. For Section 3, update the Additional Information textbox with the text “Section 3 240-Day Ext. I-129 Filing Date [Extension Filing Date]”.
4. The I-9 Manager should click Save and sign off on the changes.
5. Navigate to the Summary tab and update the Reverification Status module. Be sure to enter a Reverification Due Date that is 240 days after the Form I-94 Expires date.
   
6. The employer must reverify the employee’s employment authorization in
7. Section 3 once they receive a decision from USCIS.

Alternatively, if the employee has not yet received the I-797C, you should upload copies of the following documents while you await the I-797C:

• A copy of the new Form I-129.
• Proof of payment for filing a new Form I-129.
• Evidence that you mailed the new Form I-129 to USCIS.