My H1-B & my wife H-4 is going to be expire on 6th sept 2002 but we both have a valid EAD's & AP's. So do we need to infome any thing to INS saying that i am working with EAD not H1-B or no need to. I am not changing either employer nor job, my employer wants me to work on EAD they don't want to file H1-B & H4 extensions. Please help me some one about this issue it would be appreciated and thanks for advance.
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- Thread starter Mummaneni
- Start date
gcwaiting007
Registered Users (C)
Dont worry
As far as I see, you are in a dream position. Working on EAD for the same employer, same job description, what more can one ask for until you get your GC?
I dont think there is anything to worry about, and you dont need to inform anyone about anything.
As far as I see, you are in a dream position. Working on EAD for the same employer, same job description, what more can one ask for until you get your GC?
I dont think there is anything to worry about, and you dont need to inform anyone about anything.
gcwaiting007
Registered Users (C)
oh..oh..
Hey goodsaint, can you throw some light on this i-9 stuff. Didn't get that.
Hey goodsaint, can you throw some light on this i-9 stuff. Didn't get that.
You don't have to file it with INS.....But it's your employer's responsibility to get I-9 filled by you and get it verified. And they file it for their own records. If INS for any reason requests for it, your employer should be able to produce the latest I-9. Unless you update I-9 with your employer to work on EAD you are not officially using your EAD.
For that matter, everytime when you get your H1 extended, your employer is supposed to get the I9 updated with the new H1.
However this I-9 update is not enforced by INS and therefore no employers seriously updates I-9 for their employees when they get EAD or H1 extension. But you never know when INS will enforce it like they did with address change.
For that matter, everytime when you get your H1 extended, your employer is supposed to get the I9 updated with the new H1.
However this I-9 update is not enforced by INS and therefore no employers seriously updates I-9 for their employees when they get EAD or H1 extension. But you never know when INS will enforce it like they did with address change.
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I-9 is needed for aliens.
I-9 Is filled when you join any company as alien to show what is your current immigration status. We all did when we joined, since you are with the same company and they have I-9 when you joined them all they need is to update it with EAD details or may be they have a copy of your EAD and has it attached to it.
It is their responsibility to get it done or they are in soup if INS audits them.
Reg ur spouse she should be fine.
Link to I-9 form
I-9 Is filled when you join any company as alien to show what is your current immigration status. We all did when we joined, since you are with the same company and they have I-9 when you joined them all they need is to update it with EAD details or may be they have a copy of your EAD and has it attached to it.
It is their responsibility to get it done or they are in soup if INS audits them.
Reg ur spouse she should be fine.
Link to I-9 form
I-9
I-9 for everybody ->alien/GC holder or citizen. Employer HAS to keep it in file for all the employees all the time. It has to be updated for any work status change (H1 ext.,H1 to EAD or GC requires new I-9)
INS seldom comes to the employers to see the records but they have right to come by and take a look. Big panalties if employer fails to follow the regulations. No legitimate employer will take this risk because it costs nothing to keep updated I-9s in file and there is no gain for not keeping one.
If you employer is saying "No need for new I-9" -> two things : 1) Either this HR person is not aware of the regulations (hard to believe because this is the first thing they teach to HR guys). OR/AND 2) This HR person is complete ediot.
I-9 for everybody ->alien/GC holder or citizen. Employer HAS to keep it in file for all the employees all the time. It has to be updated for any work status change (H1 ext.,H1 to EAD or GC requires new I-9)
INS seldom comes to the employers to see the records but they have right to come by and take a look. Big panalties if employer fails to follow the regulations. No legitimate employer will take this risk because it costs nothing to keep updated I-9s in file and there is no gain for not keeping one.
If you employer is saying "No need for new I-9" -> two things : 1) Either this HR person is not aware of the regulations (hard to believe because this is the first thing they teach to HR guys). OR/AND 2) This HR person is complete ediot.
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Thanks for all you guys help, i got response from my employer says like this "I do keep a book on I-9s for all employees - everytime you get an update (h1 extensions/EAD) we also receive a copy (as your sponsor) which I attach to your I-9 which you filled out when you joined us." I am cool now thanks once again everybody.