H1b to EAD

[ip1f]

Hello,

For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?

2. If on AP/EAD without work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?

Than You.

 

[ginnu]

Hello,

For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
--------why to use EAD if you have valid H1? once you use EAD for work you are not on H1 status and no need of employer to inform USCIS. fill up form I-9 with HR of employer.
2. If on AP/EAD without work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
-------no action is required by employer.
Thank You.

------------------

 

[ip1f]

Hello,

For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
--------why to use EAD if you have valid H1? once you use EAD for work you are not on H1 status and no need of employer to inform USCIS. fill up form I-9 with HR of employer.
2. If on AP/EAD without work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
-------no action is required by employer.
Thank You.

Thanks. It would be employer decision.

For second case, when on AP/EAD without work, since no work, employer probably will terminate. Now according to USCIS "Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition". (http://www.uscis.gov/files/article/E1eng.pdf). This indicates employer has to inform USCIS and cancel H1b.

 

[TheRealCanadian]

Yes. If the alien is H-1 status the employer needs to cancel the H-1 once employment ceases, or they are liable for back wages.

 

[userip]

deleted

 

[ip1f]

Thanks.
When entering on AP and without work for few months, status is 'AOS' not H1b. So employer should not be liable for wages.
Now if employer does not terminate, then H1b cancellation not required ?

 

[ginnu]

Thanks.
When entering on AP and without work for few months, status is 'AOS' not H1b. So employer should not be liable for wages.
Now if employer does not terminate, then H1b cancellation not required ?

why you dont post your situation and what you need to do?
are you on H1 stattus and not being paid?
do you have EAD and working on EAD?
do you have valid AP?

 

[ip1f]

Thanks. I'm not in US. (valid H1, EAD, AP)
Purpose of my post is to gather information.