Better to get layed off on EAD than H1B

G

gsk

Registered Users (C)
I heard in ISN discussion board that its safe to get layed off on EAD rather than
    on H1B.

    I have both H1B and EAD, and I am using H1B currently.. I know we have to fillup
    I-9 form with the company to get switched to EAD.

    Question: How do INS know that we switched from H1B to INS since this form
    is filledup only with the comapny and it is not going to be forwarded to INS ?

    Can we fillup up this I-9 form anytime before get layed off ?

    Thanks
    Venu.
 
No Title

What is I-9. I think once you are given the EAD and your I-485 is pending, you should be able to use your EAD. Only if you are with the same employer who sponsered your GC, you will be able to return to H1 status. I never filled up any I-9 and my H1 expired on Jan. 2001. I received my GC approval without any problem.

Consult your lawyer for more information.

Thanks.
 
No Title

just for this, i filled up I-9 and gave it to HR. But she did not understand and just took a xerox of my EAD and the form. I am quite sure that she did not fill up the company portion of the I-9, and has probably put it in the trash. She may have the EAD in her records.

My problem is - if layed off (
 
No Title

What is I9 ? My H1B has expired and I just have an EAD with me. I don\'t know what using an EAD means. This is because my lawyer has not asked me to fill up any forms for the same.
 
No Title

I-9 form is an application verification form used by employer to verify if the individual seeking employment is authorized to work in US. It is a form that is mandated by INS that all employers have the prospective employees fill the form. Once you have EAD but you didn\'t use and U are laid off, you can still use EAD. INS doesn\'t know and doesn\'t care if you are using EAD or not. It only matters and is beneficial if you apply for EAD (doesn\'t matter if U use it or not) right away while U apply for I485.

BK
 
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