Can I still work even if EAD renewal does not come through?

I

ImHope

Registered Users (C)
Experts, here is my situation and question. I would greatly appreciate some insight.

I have a valid H1B through April 2004 though the stamp on my passport has long expired from a previous H1B from my previous company. Earlier this year, I visited India and was paroled into US based on AP. The Immigration officer did check my valid EAD before granting me parole.

I am still working for my current company which filed my current H1B (without any other employment, part time or full time) but after coming back from India, I called my company HR person and told her that I have an EAD and faxed her a copy assuming that my H1B status was invalidated since I was paroled.

Now I have filed for a EAD renewal but I am apprehensive that it may not come through before my current EAD expires. While going through some other posts here, I found that my earlier assumption of having lost H1B status may not have been correct.

Is that a true assumption or can I still continue to work on my current H1B which is still valid but no corresponding stamp on passport?
:confused:
 
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Yes ImHope! Shazam's situation is very well applied to you.
If you have time, can you please tell me .. why they asked for your EAD at the port of entry? Did they asked or you showed them? Because.... I can't see any reason for asking a EAD while entering using AP.

Good luck

Neelesh
 
I can clearly remember that the immigration officer did ask to see the EAD when I handed him the Advance parole. What I don't remember is, whether all he needed the EAD was to lookup the A# number or did he do something with it. Since I had it on me, I saw no reason or concern to ask him why.

After looking at the EAD, he then looked at his computer screen for quite sometime (about 15 minutes). Then he stamped the Passport, AP and I94.
 
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Did you file a new I-9 with EAD shown as a employment authorization document? If you did, you lost your H status from that day. If you did not, you are still considered on H1, not on EAD.
Check with your HR as to what is in your I-9.

If you used EAD and it is expiring, you will need to get a renewed EAD before you can continue to work. Remember H1 is gone the day you used EAD.
 
No, I did not fill out a new I9. I just faxed my EAD over to HR.

To answer your second question as to whether I used my EAD, I don't think I did, going by my understanding of what constitutes the use of EAD.

Isn't it the case that EAD is said to have been used only if you seek an employment, part time or otherwise, with somebody other that your current H1B sponsor? If it is, then I haven't used my EAD. If there are examples of using EAD other than what is listed above, I can't say for sure.
 
If you have filed an I-9, either a new one with another employer or an updated I-9 with your employer, that constitutes "using" EAD.
It looks like you have not switched to EAD wiht your current employer. Therefore you are OK even if EAD expires since your H1 approval is still within validity period.
I don't think just faxing a copy of EAD triggers I-9 change, for that you need to present the original EAD and also put down your signature on I-9.
In any case it is a good idea to confirm that your current I-9 as filed reflects H1 and not EAD.
 
Thanks, nkm-oct23 for being so candid and patient while explaining these intricacies to me. I really appreciate it.
 
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