Form I-9 - who am i?

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confusedalien

Registered Users (C)
I am trying to switch over from H1 to EAD and need to file Form I-9. I just received my EAD and my 140 and 485 are still pending.

The Section 1 asks me to choose between these 2:

1) A lawful permanent resident (Alien #)
2) An alien authorized to work until ... (Alien # or Admission #)


I guess it is 2, but just wanted to confirm.


thanks
 
#2.

and Document to support ur employment are B1 (if u have Driver license) otherwise B2 (if u have state issued ID) AND C7 which is ur EAD.

K.
 
Do you have to send I-9 to INS or to the new employer ? When i joined the new employer with the EAD, they asked me to fill out the I-9. I thought this is for their records, i didn't think that they will send it to INS or something. When you are saying, switching from H1 to EAD, are you talking about working with the very same employer who sponsored your GC ? If you are planning to switching to a new employer using the EAD, it's not safe even under AC21 right ? Your I-140 is still pending and I-485 < 180 days, right ?

I'm sure you will get better idea from senior members of this forum.
 
I am continuing with the same employer, but since my H1 is expiring, in order to start working on EAD, I still have to fill up this form and give it to my employer, who will keep it. It doesnt go to INS.

thanks for the comments




Originally posted by ManiG
Do you have to send I-9 to INS or to the new employer ? When i joined the new employer with the EAD, they asked me to fill out the I-9. I thought this is for their records, i didn't think that they will send it to INS or something. When you are saying, switching from H1 to EAD, are you talking about working with the very same employer who sponsored your GC ? If you are planning to switching to a new employer using the EAD, it's not safe even under AC21 right ? Your I-140 is still pending and I-485 < 180 days, right ?

I'm sure you will get better idea from senior members of this forum.
Click to expand...
 
Originally posted by confusedalien
I am continuing with the same employer, but since my H1 is expiring, in order to start working on EAD, I still have to fill up this form and give it to my employer, who will keep it. It doesnt go to INS.

thanks for the comments
Click to expand...

Confusedalien,

I am in same boat like you. My H1B expires in two weeks and am in dilemma whether to go for H1B extension or use EAD. Is it safe to work on EAD without a valid H1B ?

Please let me know.

Cheru
 
Cheru: Is it safe to work on EAD without a valid H1B ?

EAD gives you freedom to work for any empoyer without any binding of H visa, ofcourse ur EAD depends on your 485's approval. If 485 gets denied then ur EAD gets denied too and you can end up in a dire situation. But on the other hand if yo have valid H1 then denying of 485 will not put you in immediate danger of being out of status in US. With H1 u'll be able to continue workingtill its expiry date.

If ur employer is ready to pay for ur H1 ext then go ahead and do that if not then EAD is 2nd best option.

But for your Q Yes it is safe (if ur 485 doesn't get denied) & legal to work without H1b.

K.
 
in addition to what amcom said, in case you still have a few years on your H1 before reaching your 6 year limit, why not save it for later, just in case your 485 is rejected? so EAD would make sense then also.
 
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