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Critical Question
- Thread starter gcgcgcgc
- Start date
TheRealCanadian
Volunteer Moderator
Originally posted by gcgcgcgc
Guys, Critcal question: How do you know if you are working on ead or h1??? If I use AP once, does that mean that I voided my h1.
If you used AP to enter, you are not using your H-1 to work, since you are a parolee, not in H-1 status. However, if you leave and re-enter with the H-1, the H-1 can be used to work.
I agree with therealCanadian ..actually .. I have seen many many posts from people who are unsure about their status once they file for I-485 ....
Before a co. files for a person;s I-485 ...the person is on H1-B visa status .....once the I-485 filing is done and the person recieves the EAD ....then the status is no longer H1-B ...
My H1-B expired this April and I asked my lawyer if this puts me out of status ...he told me that my status was perfectly legal as I am under adjustment of status and also the fact that I have EAD card ( which is another proof of validity of status ) ...there is no need for me to fill another I-9 form as I was hired by my employer based on my H1-B ...am I am still working for them and my status has automatically changed from H1-B to I-485 pending approval ...hence I think ( and I may be wrong ) that one is no longer on H1-B status once the I-485 is applied and EAD is received ...
The H1-B status takes a back seat till the GC approval is done ...the only time one might need to "awaken" the H1-B is when the GC gets rejected and the person needs to change jobs based on H1-B .....
Maxx.
Before a co. files for a person;s I-485 ...the person is on H1-B visa status .....once the I-485 filing is done and the person recieves the EAD ....then the status is no longer H1-B ...
My H1-B expired this April and I asked my lawyer if this puts me out of status ...he told me that my status was perfectly legal as I am under adjustment of status and also the fact that I have EAD card ( which is another proof of validity of status ) ...there is no need for me to fill another I-9 form as I was hired by my employer based on my H1-B ...am I am still working for them and my status has automatically changed from H1-B to I-485 pending approval ...hence I think ( and I may be wrong ) that one is no longer on H1-B status once the I-485 is applied and EAD is received ...
The H1-B status takes a back seat till the GC approval is done ...the only time one might need to "awaken" the H1-B is when the GC gets rejected and the person needs to change jobs based on H1-B .....
Maxx.
Guys,
Thanks for all your feedback
I am really confused now. One says, if I use AP, my h1 is voided. And another one says, it should not affect your h1. I didn't fill out the i-9 form after I got my EAD. But I used AP to enter the country, even though I have h1.
So I am not sure in which status I am.
Is there any official site to check this???
Any other feed back is appreciated.
Thanks.
Thanks for all your feedback
I am really confused now. One says, if I use AP, my h1 is voided. And another one says, it should not affect your h1. I didn't fill out the i-9 form after I got my EAD. But I used AP to enter the country, even though I have h1.
So I am not sure in which status I am.
Is there any official site to check this???
Any other feed back is appreciated.
Thanks.
Originally posted by gcgcgcgc
Guys,
Thanks for all your feedback
I am really confused now. One says, if I use AP, my h1 is voided. And another one says, it should not affect your h1. I didn't fill out the i-9 form after I got my EAD. But I used AP to enter the country, even though I have h1.
So I am not sure in which status I am.
Is there any official site to check this???
Any other feed back is appreciated.
Thanks.
This extract is from:
http://www.murthy.com/UDnewins.html
- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
Originally posted by maxx
Before a co. files for a person;s I-485 ...the person is on H1-B visa status .....once the I-485 filing is done and the person recieves the EAD ....then the status is no longer H1-B ...
Maxx.
No, getting EAD DOES NOT invalidate H1, 'Using' EAD does. Also using AP for reentry does not void H1.
That's a good source (didn't see this before my earlier reply), hope this answers all your questions gcgcgcgc.
Thanks guys, for all you help.
Again to reiterate that, in such a short time, you get great wealth of info.
One thing that still leaves me puzzled is, what makes us working officially on ead. Is it I-9 form, only. I understand that if you work for a different employer that automatically makes you work under ead. But If I work for the same employer and I have a valid h1 and a valid ead, which one I am under.
Another question is if my h1 expires, do I need to fill out a i-9 form. Is it a rule that everyone has to fill out a i-9 form once they come under ead. I filled one when I joined the company, on h1. and never did after that nor the company asked to fill out.
Again to reiterate that, in such a short time, you get great wealth of info.
One thing that still leaves me puzzled is, what makes us working officially on ead. Is it I-9 form, only. I understand that if you work for a different employer that automatically makes you work under ead. But If I work for the same employer and I have a valid h1 and a valid ead, which one I am under.
Another question is if my h1 expires, do I need to fill out a i-9 form. Is it a rule that everyone has to fill out a i-9 form once they come under ead. I filled one when I joined the company, on h1. and never did after that nor the company asked to fill out.
Originally posted by gcgcgcgc
Thanks guys, for all you help.
Again to reiterate that, in such a short time, you get great wealth of info.
One thing that still leaves me puzzled is, what makes us working officially on ead. Is it I-9 form, only. I understand that if you work for a different employer that automatically makes you work under ead. But If I work for the same employer and I have a valid h1 and a valid ead, which one I am under.
Another question is if my h1 expires, do I need to fill out a i-9 form. Is it a rule that everyone has to fill out a i-9 form once they come under ead. I filled one when I joined the company, on h1. and never did after that nor the company asked to fill out.
I-9 is the form that establishes and records your eligibility to work in the US. A new I-9 is required if your employment authorization changes (a new or renewed H1, using EAD, getting a green card, etc.). If your H1 expires, you have the option to get it renewed or to use an EAD if you have one. In either case you will need to update I-9 records with your employer.
If you use EAD to seek new employment or continue current employment then you become a EAD user. Just having EAD does not make you a user of EAD. If you have a valid H1, you continue to be under H1.
So as I understand, only I-9 form decides on what you are working.
But I know that it is employers responsibility, not the the employee's to have the i-9 form. And also, employer's are only required to produce when there is an ins audit. So until then, probably it is just between us and employers whether we fill out or not. Even if we fill out one, no one is going to know that whether you are working on ead or h1.
Even if i filled out i-9 with ead details, and say that i am still on my h1, how is ins going to track that, until they ask for i-9 form, which they don't ask for in our green card processing. . .
But I know that it is employers responsibility, not the the employee's to have the i-9 form. And also, employer's are only required to produce when there is an ins audit. So until then, probably it is just between us and employers whether we fill out or not. Even if we fill out one, no one is going to know that whether you are working on ead or h1.
Even if i filled out i-9 with ead details, and say that i am still on my h1, how is ins going to track that, until they ask for i-9 form, which they don't ask for in our green card processing. . .
Originally posted by gcgcgcgc
So as I understand, only I-9 form decides on what you are working.
But I know that it is employers responsibility, not the the employee's to have the i-9 form. And also, employer's are only required to produce when there is an ins audit. So until then, probably it is just between us and employers whether we fill out or not. Even if we fill out one, no one is going to know that whether you are working on ead or h1.
Even if i filled out i-9 with ead details, and say that i am still on my h1, how is ins going to track that, until they ask for i-9 form, which they don't ask for in our green card processing. . .
Employers are required BY LAW to have a current I-9 for all employees. They are also required BY LAW to file I-9s upto 3 years after the employee leaves. This is the law. The law also requires you and your employer to reflect any changes in I-9 any changes to employment authorization.
INS can request I-9 any time form employers.
It is not smart to assume that since no one is going to know about it, it is OK to violate the law.