Ead Problem. Urgent Urgent Urgent

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gcgcgcgc

Registered Users (C)
Hi guys,
Urgent!!!
My friend applied for 485, EAD and AP in July-2002 and got the ead, ap. His EAD expires in a month. He forgot to apply for renewal of EAD. And is about to apply for EAD renewal. He is working at a client site.
Important thing is He has a H1 that expires on July, 2004. But to complicate this case, he had used the AP when he went to India and returned this year april.
He did not fill out any I-9 form etc, after getting ead?
Questions:
1. Can he work after ead expires?
2. Is it ok to work if we get a reciept notice for ead-renewal?
3. Is his h1 still valid after the use of AP?
4. What maked it official that you are working on EAD, even though you had a vaild h1?

I gave all possible details . . .
 
1. Can work only with valid EAD..BUT HE NEED NOT WORRY AS HIS H1 IS STILL INTACT.
2. Need EAD Approval before working..But he need not worry as his H1 is still intact.
3. If your friend is still on H1 and working for the same sponsoring company and hasn't used his EAD at all, using AP wouldn't void his H1...He can still use his H1
4. Guess filing I-9... Experts Pls clarify..

These are just my thoughts and understanding..Use it at your own risk.

Good Luck
 
vijayrc

I am not aware of other details but know if you use AP then it voids your H1

I-9 has nothing to do this as it stays with company's HR unless Labor department ask for it. (sure about this too, as i did not fill I-9 after getting approved)

my .02 cents
 
I dont know why he used the AP even though his H1 was valid. Either way he can work only until his H1 expires or EAD expires whichever happens the last. My suggestion is to apply for EAD real quick(online maybe) and keep the fingers crossed.
 
You didnt mention if your friend used his EAD or not. If he used EAD, his H1 is void and he cant work without EAD. EAD renewal receipt is not good enough, only EAD is acceptable.

If he worked only on H1, he need not worry.

I-9 is the responsibility of the employer. I-9 must be kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by the authorized U.S. Government officials (i.e., Bureau of Immigration and Customs Enforcement , Department of Labor).
 
Few more questions

Guys,
Thanks for all your suggestions.
One thing I don't understand is, How can anyone say that one is working on EAD or H1, when he has both? Please clarify this.

He is working for the same company since he applied the gc.

And also can some provide me the link where you can apply ead online. Do you know which one is faster, online or manual. Or it doesn't matter.
 
If he used AP to re-enter and became a parolee, didn't he have to swtich to EAD already?
 
Re: Few more questions

Originally posted by gcgcgcgc
Guys,
Thanks for all your suggestions.
One thing I don't understand is, How can anyone say that one is working on EAD or H1, when he has both? Please clarify this.

He is working for the same company since he applied the gc.

And also can some provide me the link where you can apply ead online. Do you know which one is faster, online or manual. Or it doesn't matter.
Click to expand...

Mere using AP to reentry does not void H1, using EAD does. If he is working for the same company using H1 even before he got EAD, and the company doesn't use EAD to employ him, he is on H1.

You can find the e-filing information on BCIS website, but even after applying online, I guess you need to send the documents by mail.
 
Hi gcgcgcgc

If your friend, filled new I-9 form with his Employer after receiving EAD, and mentioned his EAD Details, instead of H1, that means he was or is working on EAD and not on H1.
Hope this makes it clear.
 
i don't agree that...

I don't agree that once EAD is approved you automatically void H-1B status. One of the following conditions have to be met to void H-1B:

1. H-1B expired and you didn't renew it;
2. You leave the company either voluntarily or involuntarily while you are on H-1 and don't have your H-1 transferred to another company;
3. You use your AP to reenter US;
4. You use EAD to work on a second job.

i do agree that once you use AP to reenter USA you void your H-1B status. this is what my attorney always said to me from the very first beginning.
 
As per the following, i think first it is important to know whether you are working on ead/h1. It seems, if I didnot fill out the i-9 form, I am still on h1, though I entered using AP.

. The alien is entitled to apply for Advanced Parole as benefit associated with adjustment of status application. Once approved, the Advanced Parole allows the alien to travel abroad and reenter into the U.S. After being paroled in, the alien can still keep his/her H-1 or L-1 status, as the case may be, in the sense that he/she can still apply for an extension of H-1 or L-1 status, provided the alien resumes employment with the same employer for whom he/she had previously been authorized to work as an H-1 or L-1 nonimmigrant. In this scenario, the approval of that extension would enable the alien to reenter into the U.S. on H-1 or L-1 status if he/she travels abroad in the future. (INS Adjudicator's Field Manual, Chapter 23)
However, if after being paroled in, the alien changes employer that sponsored his/her original H-1 or L-1 status, he/she may no longer has valid H-1 or L-1 nonimmigrant status, even though he/she can still lawfully stay in the U.S. during the I-485 pending period. Thus, if the alien's I-485 application is denied, he/she may not be able to lawfully stay in the U.S. as nonimmigrant.
 
Re: i don't agree that...

Originally posted by xdai

i do agree that once you use AP to reenter USA you void your H-1B status. this is what my attorney always said to me from the very first beginning.
Click to expand...

That's not correct. Check this link (posted by nkm-oct23 in some other thread)

http://www.murthy.com/UDnewins.html
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- 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.

- If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
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Thanks ar888...

But is that Murthy's interpretation or as is said by BCIS? I searched BCIS website but didn't find this guidance. Maybe becasue the publising time is too old?
 
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