IS it illegal or any problem to work

Folks:

Refer http://www.immihelp.com/gc/aos/ead.html.

Pay attention to the following para:

"It is advisable to apply for your extension more than 90 days before your current EAD card expires because if an EAD extension is not approved within 90 days, it is automatically extended for 240 days, or until a decision is made, whichever comes first."
 
Hi All,

I should really tell that I never knew about existence of I-9 form. Thanks again for the information.

My case:
1) I'm still working with the same employer.
2) I have not signed any I-9 form after I got my EAD.
3) My EAD is getting expired and I have one month more on my H1 than the EAD expiry. So looks like I can work on H1.

Guys tell me one another thing.

Shall I get my H1 extended since it looks like my EAD approval will not come soon. So basically I dont want to be out of the Payroll.

Please advice.
 
ushap:

I feel u shld apply for H1 extension 'cos once u receive the receipt on that, u can work till a decision is made unlike EAD. Again, consult ur company lawyer. He shld know better.
 
Hi ushap,
I know what you are going through. I had applied my EAD extension very late and my H1 had alreday expired. Though I was working with same employer, since my H1 expired, I could not work legally after EAD expires. Luckily, I got my case approved before EAD expired.

Now I had talked to my lawyer about it. Its a very prestigious law firm in New York. what they said is after you apply for EAD and get receipt for EAD renewal, your old EAD becomes valid for 240 days automatically. They also said your HR might now know about this, so just don't tell them anything about EAD expiring and if they give you a hard time, we will deal with it.
So I was prepared to do that. I would have taken the risk of keep working there without telling them anything and if they have an objection, I would try taking a vacation.

I think you have advanatage of one month on your H1. You are still using H1 since you never switched on EAD ( never filled I9 form)
I don't think discussing all this with your employer is a good idea specially in these times.
You might want to apply for H1 extension and talk to your lawyer.
As somebody said here, your H1 is valid as soon you get the receipt, you will be good.
Hopefully you will get your EAD also in the mean time.

I think situation is not that bad unless your company ask you not to work after EAD expires which might be a big/remote chance depending on your company.

All the best.
 
Hi sweetie

I just learnt that My EAD renewal is filed and the following are the details:
RD: 10/24
ND: 11/01
Check deposited date: 11/14

So I'm assuming that I should get my EAD renewal atleast by 12/14. Then I shall be fine. Keeping my fingers crossed.

If what you said(after you apply for EAD and get receipt for EAD renewal, your old EAD becomes valid for 240 days automatically) is true then I'm legal to work. But when I talked to my lawyer, he does not seem to know this rule. He said that this is not true and said that we should have the new physical EAD card in hand.


I was assuming that I'm on H1 as I did not sign I-9 paper myself. My laywer said that he filled that I-9 form on my behalf and I'm not on H1 anymore. But he kept it with him and not sent the I-9 form to INS.
1) Can he do that on my behalf without my knowledge or my signature?
2) If he did not send the I-9 form to INS then can we tear off the paper and treat myself on H1 then?


These laywer's treat us like an illiterate people and tell what ever they want.

Please advice folks,
 
ushap,

I may be restating what others have already said here ...

- If you haven't explicitly filed another I-9 (proof of eligibility of employment) with EAD as the eligibility document (assuming you are still with the same company) then your H-1 status is VALID.
( I got my H-1 and EAD but never filed another I-9 with the employer and thereby managed to stay on H-1 until approval)

- As you have already applied for extension of EAD, my recommendation would be for you to prepare an application for extension of H-1B and file it only if the EAD hasn't come through until 3 days before expiry of H-1. While filing the H-1 extension , overnight it and keep the FEDEX (or any ... ) receipt that would help you continue to work. Since H-1 extension is easily another $1500, I am suggesting this, unless the employer is willing to pick up the cost.

( I did the above when I came close to H-1 expiring and the EAD hadn't come through )

- Alternatively, walk into a local INS office (may not be the procedure) and explain your situation about the EAD.

- Under no circumstances, should you work with both EAD and H-1 having expired. No one may find out but if someone does, you will be in trouble. Even if no one finds out, you will have that worry over your head for ever. No need for that ...

Good luck .. you will be fine..

-Palaniappan Rajaram
 
Hi Guys,

Some good news from my side.


My worry on the EAD expiry is over.

I got my EAD extension approval last week.
It took me 32 days in total after applying for extension. Just wanted to share the duration with others.

Still waiting for the GC approval.

Wishing strongly that I get the final good news also soon.
 
I-9 is filled by company

I just talked to my lawyer and she mentioned that after you show your EAD to HR, they file I-9 and you actually don't see it.

Please correct me if you all have differing opinion.
i did not sign any I9 after my ead.
 
Form I 9

Here is some information about Form I 9 from INS. As I am working on a EAD and I had not filled out any forms I got worried. As noted, form I 9 has to be filled out by the employer. It does not have to be filed with anybody. The employer must maintain it for their records for inspection by laobor department. It has to be filed out for all employees, US citizens and Non-US citizens.

http://www.ins.usdoj.gov/graphics/formsfee/forms/i-9.htm

Please see this link for details.
 
Congrats ushap !! The ordeal was over. You better switch to EAD now. File I9 form and swith to EAD. It does n't make any sense to renew H1 at this time.
 
Hi bkhote and Sunny19,

You are right , we do not explecitly sign I-9 form. It is the Employer who fills the I-9 form and keeps it for the records if INS does any inspection.
You never sign it.
Generally as soon as EAD is approved the employer is supposed to fille this form for you and keep it with them.

Most of the times they will not even tell us.

So basically I'm on EAD all the time since my first EAD approval.

So many things to know.
A forum like this is really nice to know the actual facts/rules which are not known to the general public. The nice thing is that these rules are known by some ones experiences, so are always right.
Thanks,
 
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