Quick question - Require Suggestion

[MyWaitForGC]

What happens if H1 is expired, while working with the same employer but got EAD(but not activated) much before the expiry of H1 ? Does it mean out of status? Please reply.
Thanks in advance

 

[pralay]

What happens if H1 is expired, while working with the same employer but got EAD(but not activated) much before the expiry of H1 ? Does it mean out of status? Please reply.
Thanks in advance

In AOS stage people never get out of status. Only change is that as his H1 expired he automatically fell to AOS status. His employer needs to get EAD card information from him using new I-9 form.

 

[MyWaitForGC]

pralay,
Let me thank you in the first place for the reply.If H1 expires can we still fill I-9 form?
Thanks

 

[DaG]

pralay,
Let me thank you in the first place for the reply. But as H1 is expired already two months back. Can we now fill I-9 form?
Thanks

As pralay said, in AOS stage you can't get out of status when your I-485 is pending. EAD has nothing to do with your status per se. EAD just gives you right to work if your non-immigrant visa expires and I-485 is not adjudicated. IMHO you can fill the I-9 form now w/o any problem. I don't think USCIS has any interest in it since your EAD was approved before the expiration of H-1.

 

[MyWaitForGC]

Dag,
Thanks much. But what is the meaning of "IMHO"? But how to fill the I-9 form belatedly??
Thanks

 

[DaG]

Dag,
Thanks much. But what is the meaning of "IMHO"? But can I fill the I-9 form now belatedly??
Thanks

IMHO - In My Humble Opinion.

More info about I-9: http://uscis.gov/graphics/howdoi/faqeev.htm

I-9 is for the company only - not for USCIS. It is a prove that they had a right to employ you in case your company would be audited by the government agencies.

Maybe it is possible to backdate it? Could anybody share some suggestions?

 

[MyWaitForGC]

Thanks DaG,
Any further suggestions and backdating...
Thanks

 

[MD_Rockville]

You are safe

Ask your company to file I-9 ( normally company HR files this automatically ).. once I485 is filed ( AOS status ) you can not be out of status till a decision is made.. you may stas in US w/o working a single day and can still get the approval ( provided you don't get that killer pay stub RFE ) ..EAD has nothing to do with legal status..EAD has everything to do with your work status..i.e. you can not work if you don't have EAD ( and H1 is expired )

 

[MyWaitForGC]

MD_Rockville,
If company people does not know what is I-9 where to mail filled in form? If H1 expires, how to activate EAD while working with the same employer?

 

[sertra2002]

MD_Rockville,
Looks like my company people does not even know what is I-9. Would you please let me know as where I-9 filled in form should be submitted. Again my worry is now that my H1 is expired last month, how do I activate my EAD while I am with the same employer?

OK, let me calrify some of the confusion here. First I-9 is a form that legaly, the employer is supposed to keep with him. It is not employees responsibilty, but the employers responsibilty to have a current I-9 form as proof that the employee has legal work staus in US. So you do not have to worry about the I-9. Even if you do not fill the I-9, there is no impact to you.

Second, once your H1 expired, your status 'automatically' changed to AOS, and your EAD was also 'automatically' activated. You do not have to do anything to inform USCIS or to activate the EAD per se. So you are fine, and don't have to worry about being out-of status or anything.

I will suggest do fill the I-9 form and give to your employer for his sake, because if he gets audited he needs to have it on him. Once again, let me clarify, this will not affect you or your status.