Ginnu: How EAD works? Please help

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baby_mde

Registered Users (C)
Hi Experts.

I am on H1B wihich will expire in Dec 2005 and I can also extend it as my Labory is pending more than 1 year. In March 2005, I got an EAD through my wife's GC process. Now I have following questions.

1. As I got an EAD, Now, am I on EAD OR H1B?

2. If I am on H1B and if I want to use EAD instead of H1B do have to inform
INS?

3. If we have to inform INS, How I do it? Do they provide any forms?

4. How do I switch to EAD from H1B? and How does this process happens?

5. Just reacently I got an offer for fulltime position and I want to use
EAD. How do I have to proceed to use EAD?

Thanks for help.
 
baby_mde said:
Hi Experts.

I am on H1B wihich will expire in Dec 2005 and I can also extend it as my Labory is pending more than 1 year. In March 2005, I got an EAD through my wife's GC process. Now I have following questions.

1. As I got an EAD, Now, am I on EAD OR H1B?
---------------- if EAD is on used you are on H1 and AOS pending status if you extend H1 you will be on H1 and AOS
2. If I am on H1B and if I want to use EAD instead of H1B do have to inform
INS?
-----------------no, use of EAD invalidate H1 status
3. If we have to inform INS, How I do it? Do they provide any forms?

4. How do I switch to EAD from H1B? and How does this process happens?
---------------- file new I-9 form with your employer or HR. I will NOT use EAD and extend H1 and remain on H1 status
5. Just reacently I got an offer for fulltime position and I want to use
EAD. How do I have to proceed to use EAD?
------------------- better join with H1 trasfer. having H1 status is good back up
Thanks for help.
Click to expand...
 
I-9 ??

ginnu said:
4. How do I switch to EAD from H1B? and How does this process happens?
---------------- file new I-9 form with your employer or HR. I will NOT use EAD and extend H1 and remain on H1 status
Click to expand...

Hi ginnu,

As you know i'm working on EAD and applied for 2nd EAD renewal. I sent AC21 by my lawyer. But i were not aware of this I-9 form and i didn't file it. Is it mandatory? What i have to do for this ? What is the procedure and from where can i get information and form? Can you please help.

Please reply.
Thank You.
sd70
 
Okay i got some information on this:

http://uscis.gov/graphics/formsfee/forms/i-9.htm

All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.
And you don't have to file Form I-9 with U.S. Immigrations and Customs Enforcement (ICE) or USCIS. Form 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 (e.g., ICE, Department of Labor).

Am i right?

Please reply.
Thank You.
sd70
 
Hi Ginnu & sd70,

What I understand is employee do not have to worry about applying/informing INS about I-9/using EAD. This process will be taken care by the employer when employee joins a company. Am I right about?

Then I have following question.

1. I am on H1B, and I got an EAD through my wifes's GC process. I have not used EAD yet. Now I am on the bench and my employer is not paying. Am I out of status, even though I have EAD?

2. If I am out of status, will USCIS reject GC for me and give GC for my wife?

3. I got fulltime offer and they do not sponser H1B. Can I use EAD and Join?

Please help.
 
baby_mde said:
Hi Ginnu & sd70,

What I understand is employee do not have to worry about applying/informing INS about I-9/using EAD. This process will be taken care by the employer when employee joins a company. Am I right about?

Then I have following question.

1. I am on H1B, and I got an EAD through my wifes's GC process. I have not used EAD yet. Now I am on the bench and my employer is not paying. Am I out of status, even though I have EAD?

2. If I am out of status, will USCIS reject GC for me and give GC for my wife?

3. I got fulltime offer and they do not sponser H1B. Can I use EAD and Join?

Please help.
Click to expand...
1 & 2. Technically your H1 status is at risk when you are not getting paid (you are in bench).
Your legal status to stay in the country is still ok due to the pending 485 (EAD has nothing to do with this).
Since you are not really on H1 status, you should file a new I-9 showing your EAD - your H1 status issue won't necessarily effect your GC - but you are taking a risk

3. Of course - that's what the EAD is for :)
 
Hi,

When i joined new company they took my I-140 approval copy and copy of EAD but i'm not sure if they gave me any form like I-9 or not. Is this form for keeping record to employer or this form have to sent INS?

Please reply.
Thank You.
sd70
 
Hi Max2k1,

Thank you for your time. Could you please further clarify on the following.

How I am taking risk? you said that my status is OK becuase of my 485 is pending.

Probably next week the new employer will apply I-9 form.

Thanks for your time.
 
sd70 said:
Hi,

When i joined new company they took my I-140 approval copy
------------- what they have to do with I-140 apprval copy??? it was not needed by new employer
and copy of EAD
------------ that is OK, they need proof that you are eligible to work
but i'm not sure if they gave me any form like I-9 or not.
--------------- they needed to give you form I-9 and you were supposed to sign, it is not your mistake
Is this form for keeping record to employer
---------------YES employer keeps it
or
this form have to sent INS?
--------- NO ( INS is no more it is USCIS)
Please reply.
Thank You.
sd70
Click to expand...
 
baby_mde said:
Hi Max2k1,

Thank you for your time. Could you please further clarify on the following.

How I am taking risk?
---------- you are not being paid and Bench or Table is NOT allowed on H1 status you need to be paid by employer acording to LCA that was attached with your H1 filing. the other poster was saying that because on employer not paying you your H1 status is on risk and not your AOS pending
you said that my status is OK becuase of my 485 is pending.
------------------- Yes, you are AOS pending and OK because your I-485 is filed and pending
Probably next week the new employer will apply I-9 form.
---------------- what do you mean by employer will apply I-9 form???? employer or HR has just to keep the I-9 with him for his records it is not 'applied 'to USCIS.
Thanks for your time.
Click to expand...
 
Ead/ssn

Hi,

Can someone start to work by showing EAD and a reciept for social security card application.I mean until the SS card arrives?
Any info appreciated.

sd70 said:
Okay i got some information on this:

http://uscis.gov/graphics/formsfee/forms/i-9.htm

All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.
And you don't have to file Form I-9 with U.S. Immigrations and Customs Enforcement (ICE) or USCIS. Form 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 (e.g., ICE, Department of Labor).

Am i right?

Please reply.
Thank You.
sd70
Click to expand...
 
UN/Ginnu,

OK, I am at risk becuase I was not getting paid becuase I am on H1B with my employer. But I got EAD in March 2005 through my spouse GC. Could you please give answers to the following questions.

(When I use EAD, I do not worried about loosing H1B, because my wife's GC process is in good shape. Because 485 is pending more than 180 days and 140 approved)

1. Can I use EAD instead of H1B with my present employer?

2. If yes, is it OK, even if employer does not pay during bench period?
 
baby_mde said:
UN/Ginnu,

OK, I am at risk becuase I was not getting paid becuase I am on H1B with my employer. But I got EAD in March 2005 through my spouse GC. Could you please give answers to the following questions.

(When I use EAD, I do not worried about loosing H1B, because my wife's GC process is in good shape. Because 485 is pending more than 180 days and 140 approved)

1. Can I use EAD instead of H1B with my present employer?

2. If yes, is it OK, even if employer does not pay during bench period?
Click to expand...
1 - Yes -- the best approach right now is to start using the EAD.
2 - Yes -- when you are on EAD, there is no LCA like H1 - so there is no rule that you get paid ... so its legal for you to be on "bench" & not get paid.
 
Max2k1,

Thank you for your reply. I will switch to EAD as soon as possible. Could you please tell me what are the consequences for not paying for last two months? (I got EAD in March 2005 through wife's GC.)
 
baby_mde said:
Max2k1,

Thank you for your reply. I will switch to EAD as soon as possible. Could you please tell me what are the consequences for not paying for last two months? (I got EAD in March 2005 through wife's GC.)
Click to expand...
Not a big risk per se.
There is a good chance, USCIS won't go digging deep into your pay etc ... but if its possible, "back date" your I-9 form to 2 or 3 months back.
It would need co-operation from ur employer -- but I have a feeling your employer could care less about this.

Even otherwise, just get it done sooner than later - its not a major risk for you -- I've known of much more "questionable" cases getting approval with no questions asked !!
 
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