Child status , when parents are on EAD

A

aja singh

New Member
Hi ! folks,

 Myself and my wife applied for 485 in sept 2000, at the same time we applied for EAD also. Now I and my wife has EAD valid till 01/04/02.
  
 My question to you are as follows:
1. How is the child status considered, when parents are on EAD?

2. Do I need to inform my employer about my EAD?
previously I was on H1b which got expired on jan 2001. I have stayed with
one employer.

Please advise.

Thanks
 
No Title

Hi Aja Singh,
   Yours as well your son\'s status is not decided by your EAD. As long as you have applied I-485 for your child before his H4 status expires, he should be fine. EAD does not decide the status. It only allows someone to work. Status is decided by I-94 expiry date .
   Regarding your H1-expiry and EAD substition, immediatley you should submit I-9 form to your payroll/HR department. Though you are eligibile to work, since you had EAD in hand before your H1-B expired,you should have your I-9 form with your company. I beleive you are fine. But still your company should have your I-9 form in their files. Immediatley submit it to your company.
     Good luck
 
No Title

Mogaram is right on. EAD does not determine your status. The fact that i-485 was filed makes the person\'s status AOS (meaning filed for adjustment of status). He/she doesn\'t need anything else to stay in the country. In case, the person leaves the country, Adv. Parole is required to re-enter the United States.

So, assuming you filed i-485 for your children, they are just fine regardless of whether you have an EAD or not.
 
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