working with Current employer on basis of EAD recieved from Future Employer valid??

[nato]

Folks,

if I switch from H1-B to EAD, do I need to advise the current employer?? if yes, what happens if I don't advise and continue working,

my current employer is not aware of H1-B expired and the EAD is for a future job offer basis.

Is working for the current employer valid with this EAD from future.

What if I go back and start with the future employer after few months

[pras01]

Yes. EAD is not for future employment, it is because your I-485 is pending.

[max2k1]

Folks,

if I switch from H1-B to EAD, do I need to advise the current employer?? if yes, what happens if I don't advise and continue working,

The ONLY way you can start working on EAD is by filling a new I-9 form with your employer.
So you cannot switch from H1 to EAD without the knowledge of the employer.

[nato]

Yes. EAD is not for future employment, it is because your I-485 is pending.

[nato]

means it is only a record with the employer, so they can always do the paper formailty back dated say after a month I tell them that they need to put that on I-9 as well.

Also what is the possible date a person can start work on EAD Is it correct that the approval date though the EAD card may not be in hand...

Thanks for your response!!!

The ONLY way you can start working on EAD is by filling a new I-9 form with your employer.
So you cannot switch from H1 to EAD without the knowledge of the employer.

[dms]

means it is only a record with the employer, so they can always do the paper formailty back dated say after a month I tell them that they need to put that on I-9 as well.

Also what is the possible date a person can start work on EAD Is it correct that the approval date though the EAD card may not be in hand...

Thanks for your response!!!

An employer is required to verify the employment authorization for a new employee within three days of that employee starting. In cases where re-verification is needed, for example an expiring EAD, this must occur prior to expiry of the current authorization.

Therefore, you cannot start work until you have the EAD physically in hand, or at least know for certain that you will have it within the three days. Also, it would be a very foolish employer who manipulated the date on an I-9 because they would leave themselves liable to prosecution.

[nato]

However the situation is my employer doesnot know that my H1-B is expiring and is not ware of the EAD either as it is coming on basis of a future employment. i.e. current employment is not a new employment and thus I-9 is in place already with H1-B. I read soemwhere in the forum that one has 90 days to produce the approved EAD even if one is into new employment..

An employer is required to verify the employment authorization for a new employee within three days of that employee starting. In cases where re-verification is needed, for example an expiring EAD, this must occur prior to expiry of the current authorization.

Therefore, you cannot start work until you have the EAD physically in hand, or at least know for certain that you will have it within the three days. Also, it would be a very foolish employer who manipulated the date on an I-9 because they would leave themselves liable to prosecution.

[max2k1]

However the situation is my employer doesnot know that my H1-B is expiring and is not ware of the EAD either as it is coming on basis of a future employment. i.e. current employment is not a new employment and thus I-9 is in place already with H1-B. I read soemwhere in the forum that one has 90 days to produce the approved EAD even if one is into new employment..

dms is correct -- if you are continuing on the same job, the employer MUST reverify your eligibility BEFORE the current authorization expires.

Of course, its the employer's responsibility to do that - not yours.

[nato]

If the employer doesnot realize that my H1-B expires and continues to pay, what is my loss. Assume at a later date once I get my EAD in hand I will inform them and they can get a suitable I-9 filled up back dated, bcos their mistake not mine.

Hope that clarifies my postion that where I am coming from is that I don't want to loose my pay voluntarily unless the employer finds out

dms is correct -- if you are continuing on the same job, the employer MUST reverify your eligibility BEFORE the current authorization expires.

Of course, its the employer's responsibility to do that - not yours.

[va_il]

But be aware that working with current employer on EAD will make your current employer your GC sponsorer and you are no more related to your future employer. (AC-21)

If you get any RFE, your current employer has to respond not future employer.


--------RIGHT??????????

[max2k1]

But be aware that working with current employer on EAD will make your current employer your GC sponsorer and you are no more related to your future employer. (AC-21)

If you get any RFE, your current employer has to respond not future employer.


--------RIGHT??????????

Not true. Your GC sponsoring employer can still remain a "future" employer.
You are ONLY required to join the sponsoring employer AFTER getting your 485 approved.
You can work with anyone using EAD till that time.

[nato]

But be aware that working with current employer on EAD will make your current employer your GC sponsorer and you are no more related to your future employer. (AC-21)

If you get any RFE, your current employer has to respond not future employer.


--------RIGHT??????????

[nato]

Not true. Your GC sponsoring employer can still remain a "future" employer.
You are ONLY required to join the sponsoring employer AFTER getting your 485 approved.
You can work with anyone using EAD till that time.

[dms]

If the employer doesnot realize that my H1-B expires and continues to pay, what is my loss. Assume at a later date once I get my EAD in hand I will inform them and they can get a suitable I-9 filled up back dated, bcos their mistake not mine.

Hope that clarifies my postion that where I am coming from is that I don't want to loose my pay voluntarily unless the employer finds out

Their mistake - your problem. The USCIS has access to IRS tax records. Any future audit could show that you were being paid during a period for which you didn't have the right to work. Do you really want that hanging over you for ever?

[max2k1]

Their mistake - your problem. The USCIS has access to IRS tax records. Any future audit could show that you were being paid during a period for which you didn't have the right to work. Do you really want that hanging over you for ever?

I don't think that scenario would happen at all ....

Employer is not sending completed I-9 to USCIS or anything like that -- they just have to have in their records.

According to USCIS the poster has work authorization (an approved EAD) - so in the very unlikely event that USCIS wants to review IRS records, it will still be OK.

If the employer is audited, then the expired I-9 issue would come up -- but again in that case, the fault is the employers - -the employees WILL NOT be effected by this (esp. since he has a EAD !!)

Hope this helps

[nato]

Think the RIS also really doesnot have anyway to find out each month or each week. essentially it is the W2 record for the year. please correct if I am wrong??
The only risk is if employer is audited during the expired I-9 situation a rare chance...

Their mistake - your problem. The USCIS has access to IRS tax records. Any future audit could show that you were being paid during a period for which you didn't have the right to work. Do you really want that hanging over you for ever?