EAD/I485 Related-Ginnu, Grunggy, others pls help!!

J

Jaggy

Registered Users (C)
My wife's company says that her H1B has been approved but are not showing the same to us. She started working with them from Feb 1st 2005 and her EAD is valid from March 15th 2005. Her I485 was filed in Oct 2004. She has not signed the I9 form and has told her company that she wishes to work on H1B.Now if for some reason there has been some problems with her H1B and if there is an I485 rfe for her employment then

1. will she be covered by the mere fact that she has an EAD or will USCIS ask her to show them the I9 form saying that she has been working on EAD.(Pls note she has not signed the I9 form yet)

2. Her employment(on H1B) with her previous company ended on Dec 30 2004 and she started on Feb 1st 2005-Will this gap cause any problems for I485(I485 filed in Oct 2004 so she is under a period of authorized stay)

3. Her previous company has shut down and we have got a substitute W2 made from our tax guy for the money that was paid to her from her company
as we did want to keep everything clean and file her taxes.-Will this caus any issues.
Guys pls help me out with the answers to the above, will really appreciate it....
 
Jaggy said:
My wife's company says that her H1B has been approved but are not showing the same to us. She started working with them from Feb 1st 2005 and her EAD is valid from March 15th 2005. Her I485 was filed in Oct 2004. She has not signed the I9 form and has told her company that she wishes to work on H1B.Now if for some reason there has been some problems with her H1B and if there is an I485 rfe for her employment then

1. will she be covered by the mere fact that she has an EAD or will USCIS ask her to show them the I9 form saying that she has been working on EAD.(Pls note she has not signed the I9 form yet)
The I-9 is the Employers responsibility. They must make sure everyone working for them has authorization. SHe will fill out the top portion and she can show them what ever she wishes for authorization. SHe can work on the H-1B no problem . SHE DOES NOT have to use the EAD.

2. Her employment(on H1B) with her previous company ended on Dec 30 2004 and she started on Feb 1st 2005-Will this gap cause any problems for I485(I485 filed in Oct 2004 so she is under a period of authorized stay)
When was her H-1B transfer approved with the NEW company??
She DID work for 2 months without authorizataion and she should not have. SHe is still OK with the I-485 because there is 180 day clause. As long as it has NOT been over 180 days she's OK. I too worked for around a month with no authorization.

3. Her previous company has shut down and we have got a substitute W2 made from our tax guy for the money that was paid to her from her company
as we did want to keep everything clean and file her taxes.-Will this caus any issues.
Guys pls help me out with the answers to the above, will really appreciate it....
Click to expand...
Should be Ok
 
Another question for you
WHen was her H-1B transfer approved?
WHO filed for her I-485???????? IS her I-140 approved???
 
We got an email from her company around mid march 2005 that her H1B was approved but again they are not willing to show the approval notice. The company has decent track record for H1B approval. Also her I485 is filed as a dependant, I am the primary applicant and my I140 is approved
 
Very good. I was wondering who filed for the I-485 because that could have changed a few things. Good luck to you both.
 
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