Am I on H1 or EAD ?

G

GCJhalak

Registered Users (C)
Hi guys,

Please help me.....

I have a valid H1 till Dec 2004 but NO H1 stamp related to that on my passport.

I went to India recently and have used my AP to return ....
My lawyer says, I am on EAD ...... am I on EAD or H1 ?
I have just used the AP BUT NOT EAD and I am still working for the same thug..I mean my employer.... nothing has changed...... except I used the AP to return to US....

Please let me know.


- Thanks in advance.......
Jha:(
 
I have a valid H1 till Dec 2004 but NO H1 stamp related to that on my passport.

I went to India recently and have used my AP to return....
My lawyer says, I am on EAD ...... am I on EAD or H1 ?

--- You are on H1B status if you have NOT used EAD and HR has not been updated with I-9 form
I have just used the AP BUT NOT EAD
------- You Only use AP for re-entry not EAD
and I am still working for the same thug..I mean my employer.... nothing has changed...... except I used the AP to return to US....
---- You are on H1 B status and AOS pending
Read below:
http://www.immigrationlinks.com/news/news301.htm

http://www.murthy.com/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm


http://www.shusterman.com/h1memo500.html

http://www.shusterman.com/hl-99regs.html

And update your lawyer and ask if he/she does not know about the above and ask your fee back or change the lawyer who is not update on immigration and Status issues
 
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Thanks Ginnu for the info...

But, who files the I9 to switch from H1 to EAD for my present employer...

I never wanted to work on EAD for my present employer...he's unpredictable....

Can the I9 be filed/filled by the present employer ? or by my lawyer ? even without informing me ?

Shouldn't the EMPLOYEE be involved any time in the I-9 process ?

Let me know...


- Jha
 
Last edited by a moderator:
Re: Thanks Ginnu for the info...

I-9 is jointly filed by you the employee and the employer. You present documents that prove your identity and aothorization to work in the US, the employer verifies these documents and (sometimes) files a copy of the documents presented. Neither of you can file I-9 on their own without the other party getting involved.
When you decide to use EAD with your present employer, YOU inform HR about updating I-9. If you don't you are presumed to work under pervious authorization (H1) until it expires. At that time HR will ask you to provide a new work authorization.
 
Thanks for the info...

But is there a possibility that my idiotic llawyer can provide the necessary documentation to my employer and get this I-9 thing done ?

I am sure that my lawyer has evey doc that is needed for this I-9.....

Even then....does the employer or the lawyer need to informe me about this thing? ???

If they don't then...what are my options...?

Please help...I am afraid ...Please help...

-- Jha
 
Re: Thanks for the info...

Originally posted by GCJhalak
But is there a possibility that my idiotic llawyer can provide the necessary documentation to my employer and get this I-9 thing done ?
Click to expand...

No, this is an HR form (not typically dealt with by attorneys) that if memory serves correctly you need to sign, otherwise it's fraud on the employer's part. No worries.
 
Hmmm....

Thanks TheRealCanadian...

It's a breather ..... a little bit relieved...

I've written to the employer and my lawyer asking my present status......waiting for reply...

But I do remember once....the lawyer did say that.....I am on EAD...

Hmm.... Will get info soon...


Thank you very much for all...


- Jha
 
can i go back to H1 status from EAD?

Please advise... I was layed off and then hired by new company on EAD. New company applied for new H1, which hasnt been approved yet. Meanwhile I also worked part time for another job on EAD. My new H1B from the primary job is about to get approved. Can I switch back to H1B status with my primary job. I have no intentions of continuing with part time job. I want to switch to H1B because I am planning on getting married soon, and H1B will enable me to get my spouse here on H4. Advise will be greatly appreciated.

Best Regards
 
Please advise... I was layed off and then hired by new company on EAD. New company applied for new H1, which hasn’t been approved yet. Meanwhile I also worked part time for another job on EAD. My new H1B from the primary job is about to get approved. Can I switch back to H1B status with my primary job?

---------- I hope your employer filed for NEW H1 and it will have no I-94 attached, go out of US get H1 Visa and enter on H1 status.
I have no intentions of continuing with part time job. I want to switch to H1B because I am planning on getting married soon, and H1B will enable me to get my spouse here on H4. Advise will be greatly appreciated
 
H! expires and RFE on EAD?

Hi
Here is my situation.
I am an employee of company A. Company B have applied for my GC. Labor got cleared and going to apply for 140 and 485. My H1 gets expired in March 2004. Company B says that I can join "B" when EAD comes.

Here are my questions.
1. Can I join company "C" with the EAD from company B?
2. Is it mandatory that I have to work for the company B which is processing my GC?
3. If any RFE comes is my EAD valid?
4. After H1 expires and some problem in GC processing is my EAD valid?
5. If both H1 expires and EAD invalid what will be my status?
6. How much time takes for EAD and AParole in Vermont?

Please advise.
 
Here is my situation.
I am an employee of company A. Company B have applied for my GC. Labor got cleared and going to apply for 140 and 485. My H1 gets expired in March 2004. Company B says that I can join "B" when EAD comes.
--- YES you can
Here are my questions.
1. Can I join company "C" with the EAD from company B?
---- YES, company B should not revoke your I-140 I don’t know if it is concurrent filing or I-140 has been approved
2. Is it mandatory that I have to work for the company B which is processing my GC?
---- Yes after GC approval but generally it is better to join B before I-485 approval
3. If any RFE comes is my EAD valid?
----RFE for what? I-140? I-485? Or EAD? Any RFE for I-140 has to be replied by Employer B and you or your lawyer should reply to RFE for EAD
4. After H1 expires and some problem in GC processing is my EAD valid?
----- If I-485 denied and you were working on EAD then EAD, AP all will become invalid and have to leave US but if you have valid H1 then you can stay
5. If both H1 expires and EAD invalid what will be my status?
-- Read above or pick up English language Dictionary and search for the word PARANOIA
---- 6. How much time takes for EAD and AParole in Vermont?
------ Check the processing times, Till date you have not applied I-140 and I-485 and many concerns first file the I-140 and I-485, get your I-140 cleared and save the current job don’t try to jump to C or D company
 
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