H1 expired ...do I need to get hired on my EAD ?

M

maxx

Registered Users (C)
Folks,

My H1-B expired this April and I haven't asked my employer to hir e me on my EAD ( I applied for 485 back in Dec' 2001 ) ...I didn;t extend it as anyway 6 years are over on my H1 and also ...my GC is around the corner ...and technically ...my status is adjustment of status pending approval ( which is a valid status to be in this country ) but I am not sure what my job status is as I was hired originally based on my H1-B visa ....

Extending the H1 is no good as in case my GC gets rejected ( a very remote possibility ) ...then I can;t work for anyone else based on my current application ...they will have to start the whole cycle again and I will have to leave for an year ....


Maxx.
 
I guess if the H1 expired, it is better you switch over to EAD.
Also you need to figure if it is OK to get paid if the H1 has expired.
 
EAD is the only option

Yes. You need to work on EAD now.

My company, after 6 months of filing for I-485 ,withdraws the H1, subjected to your EAD approval (they will keep H1 alive until your EAD is approved). Final result I am in the same boat as yours. From the date of H1 withdrawl, I am working on EAD for my company.

BCIS mandates that the company should maintain the record of all employees through a form called I-9, whenever the status changes.

Status is considered changed when

1. You get a H1 from the new company
2. You get a H1 renewal
3. You get an EAD and start working on EAD
4. You get a EAD renewal
5. You get a I-485 approval

Each and every time (until 4), I submitted the form I-9 to my company. I hope to submit one final time shortly, when BCIS approves my case.

Bob
 
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