Urgent: Employer insisting with pending 140.

S

surabhi

Registered Users (C)
My employer is forcing me to sign 1-9 form with EAD ….

Please let me know is there any issue with out 140 approvals.


My case details:
140 pending
485/EAD applied with visa availability on with pending 140
EAD approved.
H1B Valid for another 8 months.
 
Last edited by a moderator:
First of all...ur question is not clear.

I assume you had filed I-140 and I-485 already by concurrent filing. If so...without I-140 approval, don't use EAD...continue in H1B.
 
If I sign on 1-9 with EAD deatails what will happend to myand family H Status?


satgym73 said:
First of all...ur question is not clear.

I assume you had filed I-140 and I-485 already by concurrent filing. If so...without I-140 approval, don't use EAD...continue in H1B.
Click to expand...
 
H-status is gone. Anyone who has filed an I-485 will be in 'pending adjustee' status and whoever did not file I-485 will be out of status (I am just adding that to make sure - probably you have filed I-485 for the whole family).

surabhi said:
If I sign on 1-9 with EAD deatails what will happend to myand family H Status?
Click to expand...
 
As per my knowledge, We can manage H status even after filing adjustment status.

My concern is only 1-9 form. I believe that Sign i-9 with EAD for employment then only H status will be nullified.

Please clarify me on this.
 
UN,

What is your final advice ?? Could I sign on I-9(EAD) or NOT with out my I-140 Approval?

Thanks

unitednations said:
USCIS doesn't know if you complete an I-9. It isn't sent anywhere. You could probably still extend H-1 if employer doesn't cancel it.

However, if you tried to complain later that you didn't get paid bench time, etc. then employer would show DOL your I-9 and say that you weren't on H-1b and the H-1b terms and conditions don't apply.

There is enough things going on with USCIS that my suggestion is to stay on H-1 until you get the greencard.
Click to expand...
 
surabhi said:
UN,

What is your final advice ?? Could I sign on I-9(EAD) or NOT with out my I-140 Approval?

Thanks
Click to expand...

Better keep your H1B status active. What if the I-140 got rejected? Nebraska is rejecting I-140 left right and center. Read these forums to see what I am talking about. Ability to pay, 3 year degree, yada yada yada.

Better to be safe than sorry. Just my 2c.
 
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