ead questions

[jjsni]

Form I-9 says that you can show the receipt to employer if you don\'t have the EAD card and show the card within 90 days.
It seems to me that you don\'t have to have the card as long as you have receipt. Please check the I-9 instruction and give your feedback.

Another question: when you want to switch from H-1 to EAD with the same employer, do you have to tell employer to fill another I9 or it is automatically switched.

 

[KiranHegde2]

No Title

What is form I-9 ?! Is it the receipt notice you get after you apply for EAD ?

 

[Hanuman]

No Title

Well I am on EAD right now and I never fill out any new form, BTW I work for F-500 company and our HR is very strict about immigration paper work.

 

[Thomas Dev]

No Title

I9 is the form which you are supposed to be filled with the emplyer when your work status changes. Generally most of the employers don\'t bother about that, but by chance if INS questions them then they will be in trouble.

 

[Chutney]

No Title

This is a wonderful peace of information that would answer all the EAD questions about the expiry and the next step you actually do not have to take any leave of absence, you can show the receipt notice and wait till 90 days, if after 90days you do not have the card then the local INS office should be able to arrange for one... This info is not apparrent to the applicant because you do not see it in the normal process of AOS but it is for the employer to give it to you and then you should read it.

 

[jjsni]

No Title

Some people ask the source. its in I-9 instruction section 2.

 

[Chutney]

No Title

If anyone wants the source ask them to go to site www.shusterman.com and on the left frame click on Forms and on Forms page click on immigration forms and in immigration forms click on I-9 form and open that up in acrobat it has the information you are talking about..

 

[macika]

No Title

What I don\'t understand is why our lawyers do not bring our attention to this. Many people are struggling because of delays in EAD processing, and still this is the first time I hear about it. Checked the form, it\'s really there. On the other hand, according to INS guidelines (I have no reference, just read it somewhere), you do need to have your EAD card to work. Can anyone resolve this?

macika

 

[Chutney]

No Title

macika: the fundamental thing is you need to have the card to work, that statement is still valid, but what if the process has slowed things down and during which you do not have the card but you have made provisions to have it acquired and what the rules are saying is first it says you need to have the card, then in case you do not have the card but you have applied for it show them the proof that you have applied for it which is your receipt and after 90 days you show them the card. This is very clear you do not have to go to any lawyer for suggestion you can read the rule yourself and the I-9 form is the form drafted by INS for employers. So there is no confusion....

 

[gcw485]

No Title

My EAD approved on Nov8th . Old card expiry date is Dec25th . Last friday i spoke to IIO , She said , i can\'t continue my work without the new card . She said i\'ll get my card after 3 weeks ..

Any more news....

 

[Bhanu Kuchibhotla]

No Title

In addition, it\'s a federal law that every employer maintain a record of I9 for employment verification purposes. This forms basically is an oath that employers did check employee for work authorization and this is how INS ensures that employers pay for illegal employement when an individual is found to be illegal and they start investigating all employers that the individual has quoted as a proof of employment/experience.

 

[njeb1]

No Title

This is the confusion part:
INS said you need to have the crad to work
I-9 said your EDA card applicantion receipt is OK if you show the card in 90 days.
So, based on the I9 form, after you applying ead and get the receipt back, you may start to work. At that time you do not know the card will be proved or not (it is possible). If the ead is not proved, what happen?

 

[Bhanu Kuchibhotla]

No Title

Macika,

Although if one is approved for an EAD but doesn\'t have the card yet, it really depends on the employer if they are going to employ a person on a faith that the prospective employee will produce evidence (EAD card) within 90 days. Mine didn\'t take the chance and he said he will wait until I show him the proof. Most employers are cautious, understandably, because of the possible implications of bending the law. Once the card is approved, it shouldn\'t really take that long for INS to send it but I could be wrong.