Form I-9 on H-1B: Which Documents to Show, How Transfers Work, and When Reverification Is Due

Your passport and I-94 count as one document, an expiring passport does not trigger reverification, and a timely extension with the same employer covers up to 240 days, not forever. What HR records at each step.

Part of our guide to the I-94 record.

The I-9 for H-1B employees usually takes one item: an unexpired foreign passport together with the Form I-94 that records your H-1B status, which USCIS treats as a single List A document. Reverification is due no later than the date your employment authorization ends, usually your I-94 date, and an expiring foreign passport does not trigger it. If your employer files an extension on time, you can keep working for that same employer up to 240 days past the I-94 date; if you transfer, the new employer completes a new I-9 and notes "AC-21".

Status as of November 1, 2026. Form I-9 edition 01/20/25 is current, and the 08/01/23 edition with a 05/31/2027 expiration date is still usable (USCIS Form I-9 page). The 240-day rule and H-1B portability are in effect, unchanged. The worker 60-day grace period still applies: ending it is only proposed (RIN 1615-AD22), with comments closing 2026-11-10 (Federal Register). E-Verify is funded through 2026-12-11 under the continuing resolution (P.L. 119-103).

Still on OPT, STEM OPT or cap-gap? Your card and notations differ; see our guide to Form I-9 documents and reverification on an OPT EAD.

What documents does an H-1B employee show for Form I-9?

An H-1B worker normally presents an unexpired foreign passport together with a Form I-94 showing H-1B status. USCIS treats the pair as one List A document, so nothing else is needed. You may instead choose a List B identity document plus a List C document, such as the I-94 itself. Your employer cannot choose for you.

The List A pair: foreign passport plus I-94

USCIS's List A page in the Handbook for Employers (M-274) names it as item 5: "Foreign passport with Form I-94 or Form I-94A with Arrival-Departure Record, and containing an endorsement to work." Most people download the I-94 from CBP's I-94 website.

Use your most recent I-94: the one from your latest entry, or the one attached to an I-797A approval issued after that entry. The approval notice is not named on the Lists of Acceptable Documents; HR records the I-94 attached to it. Our guide to reading an I-797A or I-797B approval notice shows where that I-94 sits.

Other combinations you may choose

The Section 2 instructions say "Your employees may choose to present either" one List A document or a List B plus List C combination. USCIS's List C page names a "Form I-94 Arrival/Departure Record issued to asylees or work-authorized nonimmigrants (for example, H-1B nonimmigrants)," so a state driver's license plus your I-94 also works. A Social Security card printed "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" does not: restricted cards are not acceptable List C documents.

If HR demands a particular document, or everything at once, point out that the Lists let you choose. Demanding more or different documents can be an unfair documentary practice, which the Justice Department's Immigrant and Employee Rights Section handles.

What you enter in Section 1

• Box 4, which the Section 1 handbook page calls "An alien authorized to work."
• The date your employment authorization expires. On H-1B this is usually the Admit Until Date on your current I-94. USCIS's H-1B handbook page describes status by the I-797's end date, and the two normally match; if they differ, raise it with HR or the employer's counsel before you sign (our reading: the I-94 is the document HR records).
• One number: an A-Number or USCIS Number, your I-94 admission number, or your passport number and country of issuance.

Section 1 is due by your first day of work for pay, Section 2 within 3 business days (start Monday, due Thursday). Only employers in E-Verify in good standing may examine documents remotely by live video.

Form I-9 for H-1B employees, situation by situation

Table: Form I-9 on H-1B, as of 2026-11 (USCIS M-274 6.1, 7.5, 7.7; I-9 Central Q&A; 8 CFR 274a.12, 214.1, 214.2). Your own I-797 and I-94 govern.

Can I start a new H-1B job before the transfer is approved?

Usually yes. H-1B portability lets an eligible worker start once the new employer files a nonfrivolous Form I-129, without waiting for approval. The rule is 8 CFR 214.2(h)(2)(i)(H), in effect as of November 1, 2026.

Work may begin "upon the filing ... of a nonfrivolous H-1B petition on behalf of such alien, or as of the requested start date, whichever is later." You are eligible if you were admitted in, or otherwise given, H-1B status; the petition is filed "before the H-1B nonimmigrant's period of stay authorized by the Secretary of Homeland Security expires"; and you have not worked without authorization since your last admission. The permission "automatically ceases upon the adjudication" of the petition, so a denial ends it; call a licensed immigration attorney that day. Our H-1B transfer process, step by step covers the petition side.

Portability needs H-1B status already, so coming from OPT is a change of status (often with cap-gap), not a port; your DSO handles the I-20 side.

How the new employer's I-9 works

A transfer is a new hire, so the new employer completes a new Form I-9. USCIS's handbook section 7.5 is specific: "An H-1B employee's unexpired Form I-94 issued for employment with the previous employer, along with their foreign passport, qualifies as a List A document." HR writes "AC-21" and the I-129 submission date in Section 2's Additional Information field. The handbook says you may begin "as soon as the employer files a Form I-129 petition," but some employers wait for the I-797C receipt before your first day because it proves the filing date.

Where USCIS's guidance stops

The porting paragraph does not say what reverification date applies if your old I-94 ends while the transfer is pending, and vendor guides disagree. The regulations tie portability to adjudication, not to the I-94 date: under 8 CFR 274a.12(b)(9), employment authorization "will automatically continue upon the filing of a qualifying petition ... until such petition is adjudicated," and 8 CFR 214.2(h)(2)(i)(H)(3)(i) treats a porting worker whose I-94 has expired as still in a period of authorized stay for a later port. How HR documents that stretch on the I-9 is a question for the employer's immigration counsel.

What happens to my I-9 while my H-1B extension is pending?

If your employer files before your I-94 date, you keep working for the same employer for up to 240 days after that date while USCIS decides. HR does not redo your I-9; it adds a note, then reverifies on the decision or when the 240 days run out.

8 CFR 274a.12(b)(20) covers workers whose extension "was timely filed": they may continue "with the same employer for a period not to exceed 240 days," counted from the end of the authorized stay, and the permission ends sooner "upon notification of the denial decision." Handbook 7.5 tells HR to write "240-Day Ext." with the I-129 submission date and to reverify "once you receive USCIS's decision, or by the end of the 240-day period, whichever comes first." It then points HR to section 7.7, which says to keep a copy of the new I-129, proof of the fee and proof of mailing with your I-9 until the I-797C receipt arrives, then the receipt in their place.

The arithmetic worth doing with your employer

The 240 days come to just under eight months. On 2026-11-01 the USCIS processing-times tool showed 11.5 months for H-1B extensions (80% of cases completed within); check the tool for today's figure. Because the 240 days start at your I-94 date, every month the petition is pending before that date is a month that does not count against them (our arithmetic). If day 240 passes with no decision, that authorization is over, and HR cannot keep you working without new proof. Premium processing is the other lever: Form I-907 costs $2,965 for most I-129 classes on the G-1055 fee schedule, and USCIS's premium processing page promises action within 15 business days. That choice belongs to your employer and its counsel.

Two dated items. From 2026-11-09 USCIS accepts only the 09/09/26 edition of Form I-129 (scheduled); a petition rejected for using the old edition was not filed, so it cannot count as timely (our reading). The proposal to remove deference to prior approvals (RIN 1615-AD26) is only proposed, with comments closing 2026-11-13; current deference applies. More on travel and status in our guide to working while an H-1B extension is pending.

H-1B I-9 reverification: when is it actually due?

No later than the date your employment authorization expires. HR compares your Section 1 date with the expiry of the List A or C document in Section 2 and uses the earlier one. You choose what to present, and your I-94 alone is enough.

The M-274 section 6.1 says an employer "cannot continue employing a person who does not provide proof of current employment authorization." The Supplement B page says to "reverify by the earlier date" and suggests "at least 90 days advance warning." The I-9 Central Q&A adds that an H-1B employee "may choose to present their Form I-94, since only a List A or List C document is required for reverification." If you present the passport and I-94 together instead, HR records both in Supplement B.

E-Verify is a separate check that runs at hire. If your employer's case returned a mismatch, see our guide to an E-Verify tentative nonconfirmation on OPT or H-1B.

Does my I-9 need reverification when my passport expires?

No. Answering a question about a foreign passport presented with an I-94, the Q&A says: "The employee's foreign passport establishes identity and therefore does not trigger reverification when it expires." Reverification follows your work authorization, usually the I-94 date.

Common misconception, then correction. "My passport expires in March, so HR must reverify me in March." No: the passport is only the identity half of the List A pair (I-9 Central Q&A, checked 2026-11-01). Your I-94 or Section 1 date sets reverification.

The passport still matters in three places. At a new job, documents must be unexpired, so an expired passport cannot complete the List A pair; List B plus your I-94 is the usual alternative. At reverification, the I-94 alone avoids the issue. When you travel, CBP issues a new I-94 at entry, and its date does not always match your I-797; check it on CBP's I-94 website after every trip and give HR the new one if the date changed.

Which I-9 edition should my employer use?

The Form I-9 page lists edition 01/20/25 as current and allows the 08/01/23 edition "valid until its expiration date of 05/31/2027." It also lists an 08/01/23 printing valid only until 07/31/2026, a date that has passed, so in our reading it is no longer usable. Old forms are not redone: per 6.1, if your last update was on a version "that is no longer valid," HR completes a current Supplement B and attaches it.

E-Verify and the December 11 funding date

E-Verify runs through 2026-12-11 for the duration of the continuing resolution, according to the Congressional Research Service. In the 2025 shutdown it was offline from 2025-10-01 until about 10-08/09, with a 10-14 deadline to create the delayed cases. What happens next depends on whether Congress passes funding by 2026-12-11. In our reading, Form I-9 deadlines do not pause when E-Verify does. Our December 11 shutdown explainer separates USCIS, DOL and E-Verify.

Step by step: when your I-94 date is about 90 days away

1. Check your current I-94 on CBP's I-94 website and note the Admit Until Date.
2. Compare it with your Form I-797 validity dates and the Section 1 date on your Form I-9; tell HR in writing if they differ.
3. Ask HR or your employer's immigration counsel when the extension Form I-129 will be filed, on the 09/09/26 edition if on or after 2026-11-09.
4. Keep your own copy of the Form I-797C receipt notice, which shows the filing date the 240 days depend on, and confirm HR keeps one with your I-9.
5. Confirm HR will enter "240-Day Ext." and the I-129 submission date in Additional Information once your I-94 date passes.
6. Hand HR the new I-94 from your I-797A, or from CBP's website after a trip, for Supplement B.
7. Contact the Justice Department's Immigrant and Employee Rights Section if HR keeps demanding specific or extra documents.

Common mistakes

• Using the passport date as the reverification date. The I-94 or Section 1 date controls.
• Stretching the 240 days to a new employer. They cover the same employer only; transfers run on portability.
• Treating the 240 days as open-ended. A denial ends them at once, and so does day 240 if no decision has come.
• Starting at the new employer too early. Portability starts on filing or the requested start date, whichever is later.
• Offering a restricted Social Security card. It is not an acceptable List C document.
• Working during the grace period. 8 CFR 214.1(l)(2): "Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period."

Frequently asked questions

What documents does an H-1B employee show for Form I-9?

Usually an unexpired foreign passport with the Form I-94 showing H-1B status, which USCIS treats as one List A document. You may instead present a List B identity document plus a List C document, such as that I-94. A restricted Social Security card (marked "VALID FOR WORK ONLY WITH DHS AUTHORIZATION") is not acceptable. Rules as of November 1, 2026.

Can I start a new H-1B job before the transfer is approved?

Usually yes. Under H-1B portability (8 CFR 214.2(h)(2)(i)(H), in effect as of November 1, 2026), you can start when the new employer files a nonfrivolous I-129 before your authorized stay ends, or on the requested start date if later, provided you hold H-1B status and have not worked without authorization since your last admission. The new employer completes a new Form I-9 and notes "AC-21" with the filing date.

Does my I-9 need reverification when my passport expires?

No. USCIS says the foreign passport establishes identity and does not trigger reverification when it expires; reverification follows your work authorization, usually the I-94 date. If you present the passport at a new job, it must be unexpired on that day, so renew it anyway.

What happens to my I-9 while my H-1B extension is pending?

If your employer filed before your I-94 date, 8 CFR 274a.12(b)(20) lets you keep working for the same employer for up to 240 days after that date. HR writes "240-Day Ext." and the I-129 submission date in Additional Information, then reverifies in Supplement B on the decision or by day 240, whichever comes first. The 240 days never cover a new employer.

Which I-9 edition should my employer use?

As of November 1, 2026, edition 01/20/25 is current, and USCIS still allows the 08/01/23 edition whose expiration date reads 05/31/2027. When a Form I-9 last updated on an edition that is no longer valid needs reverification, HR completes a Supplement B from the current version and attaches it.

Sources

• USCIS, Form I-9, Form I-129, Fee Schedule G-1055 and premium processing
• USCIS M-274, 13.1 List A and 13.3 List C
• USCIS M-274, 7.5 H-1B Specialty Occupations and 7.7 Extensions of Stay
• USCIS M-274, 6.1 Reverifying Employment Authorization and Supplement B guidance
• USCIS I-9 Central, Questions and Answers
• 8 CFR 274a.12, 8 CFR 214.2 and 8 CFR 214.1 (Cornell LII)
• Federal Register: grace-period proposal and deference proposal
• Continuing resolution, P.L. 119-103 and CRS report R49353 on what it extends
• Justice Department, Immigrant and Employee Rights Section

How we checked this: on 2026-11-01 we read the USCIS I-9 Central and M-274 pages, the Form I-9, I-129 and premium processing pages, 8 CFR 274a.12, 214.1 and 214.2, both Federal Register proposals and the CRS report on the continuing resolution, and matched every quotation to its source.

This is general information, not legal or tax advice. Your own I-797 and I-94 govern; HR and your employer's immigration counsel own the I-9 and petition, a licensed immigration attorney handles transfers, gaps and denials, and your DSO matters only while you are still F-1.

Weighing a transfer? F1Jobs can talk through a search focused on employers that sponsor and transfer H-1B workers.