I-9 ?

J

joinedisn

Registered Users (C)
When we get our EAD we file/update I-9 at the employer for switch from H1 to EAD. How does INS know about this switch ??? The reason to ask this is how does INS determine the time remaining on the 6 year H1 limit ? You\'re in EAD and your company goes bankrupt and your 485 is denied. You want to switch to a new H1 so heres where this question falls in..how does INS know about the time remaining on H1 or how do they know about H1 to EAD switch ???

Gurus comments please...
 
No Title

If the company goes bankrupt, I think you can still apply for H1 transfer if your old H1 is not expired.
If the old H1 expires and you are on EAD, then your petition will be treated as a new H1B petition and NOT as an H1 transfer. In this case, you might need to go out of the country to get it stamped, then you can come back & start working. This rules also applies when one uses advance parole to come into the country....Any way, consult your attorney before you take further action...
 
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I think u did not get my question right. You file/update form I-9 to switch from EAD to H1 with your employer and this does not go to INS as this is not meant for INS, its for employer records only and needs to be shown to INS if they come for an audit. You have 2 years remaining on your H1 6 year limit and as soon as you switch to EAD your H1 clock stops.

Consider the following scenarios :

Scenario 1 : Say for xxxxxxxxxxx reasons your 485 is denied/cancelled. As you switched to EAD now you need a new H1. How will the INS know that you have 2 years remaining on your H1 - 6 year limit ?

Scenario 2 : You switch to EAD and go out of country for a vacation. You still have a valid H1 stamped in your passport. How will the INS know that you have used EAD and need an AP to enter. If they don\'t know this then you can enter using your valid H1 that means you don\'t need AP ????

Gurus comments please ?????????????
 
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I guess I could answer your questions upto some extent!!! There is no way that INS knows you switched from H1 to EAD. But if GC gets denied, and when one applies for a new H1 petition, they need to fill I129 form, in which INS asks for details details like beneficiary\'s current status in US, proof of that status, how long they have been in US etc. Here is a chance to let INS know that you are on EAD!!!
 
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