Urgent: H1B expired and not on EAD

S

san_gcwait

Registered Users (C)
I filed my 7th year extension and never got the copy from lawyer although they said they sent it. Its partly my fault too that I didn't follow up much assuming they've done it 4 times for me so will do it again, my bad. Now when I called them up again this week asking they said we can't seem to find anything about it. Not even sure if they filed it. My H1B expired last week.
Luckily I've my EAD which is good till Sept. Is it too late to switch to file that I-4 or I-9 form? I know I don't have a choice but to do it asap but will I be considered out of status for those 7-8 days?

Please advice.

Thanks
 
san_gcwait said:
I filed my 7th year extension and never got the copy from lawyer although they said they sent it. Its partly my fault too that I didn't follow up much assuming they've done it 4 times for me so will do it again, my bad. Now when I called them up again this week asking they said we can't seem to find anything about it. Not even sure if they filed it. My H1B expired last week.
Luckily I've my EAD which is good till Sept. Is it too late to switch to file that I-4 or I-9 form? I know I don't have a choice but to do it asap but will I be considered out of status for those 7-8 days?

Please advice.

Thanks
Click to expand...
Your status is always fine ( pending AOS ).
Technically, you worked illegaly for those 7/8 days !

If your company would accomodate you, try getting the I-9 backdated --- it may not be totally legal, but what can you do ? ( small co.s would usually "adjust" )

Anyways file the new I9 with EAD asap.
 
max2k1 said:
Your status is always fine ( pending AOS ).
Technically, you worked illegaly for those 7/8 days !

If your company would accomodate you, try getting the I-9 backdated --- it may not be totally legal, but what can you do ? ( small co.s would usually "adjust" )

Anyways file the new I9 with EAD asap.
Click to expand...

Thanks max2k1, is I9 mandatory even when you're working for the same company who filed your H1 as well as I-485 or is it for AC21 cases?
 
san_gcwait said:
Thanks max2k1, is I9 mandatory even when you're working for the same company who filed your H1 as well as I-485 or is it for AC21 cases?
Click to expand...
Yes I9 is mandatory --> a valid form I-9 is to be maintained by each employer for every employee detailing their work status ....
A new I9 should be filled as and when the employee's work authorization changes ( like expiring H1).

I-9 is the responsibility of the employer. So long as you can convince them to file the paperwork with an earlier date ( since you had a valid EAD at that time), everything should be ok.
(or) they can retroactively place u on leave of absence (no pay) for those 7/8 days and re-instate you as of today/tmrw.

Shouldn't be a big problem though
 
max2k1 said:
Yes I9 is mandatory --> a valid form I-9 is to be maintained by each employer for every employee detailing their work status ....
A new I9 should be filled as and when the employee's work authorization changes ( like expiring H1).

I-9 is the responsibility of the employer. So long as you can convince them to file the paperwork with an earlier date ( since you had a valid EAD at that time), everything should be ok.
(or) they can retroactively place u on leave of absence (no pay) for those 7/8 days and re-instate you as of today/tmrw.

Shouldn't be a big problem though
Click to expand...
Thanks again for responding so quickly. I think it would be fine for them to backdate and get me fill up I9
 
And yes... if you haven't done so, file for EAD renewal. Currently it take about 4-6 weeks for EAD, hopefully you will get it renewed before current on expires....
 
Not illegal

I9 is employer's responsibility not yours. I do not think it makes you illegal (or your employment illegal) if it is not done on time. As long as you had a valid employment authorization for the dates you worked, it should be fine.

Though on the safer side, it would be recommeded to remind your company proactively of this.

Bottomline no need to sweat, never heard of INS checking I9 for an I485 applicant. At best they want to make sure you had some authorization in hand while you were working in US.
 
second "InsBeats2Death"

I9 should be updated by your employer/lawyer(he represents them). The are reviewed only when audited (I didn't hear that happen yet and it is unlikely too, knowing CIS workload)

Your lawyer should decide the best course of action for the company (like predating I9 or putting you on leave or nothing at all).

(having said that, best for you if they pre-date and forget the episode)
 
Your employer is supposed to ask you for new authorization when the one on file expires. It is their responsibility to keep I-9 current and make sure that they employ only authorized people. Even if it is late, file I-9 now and forget about it. You will not be penalized for this.
-NS
 
With valid EAD you are ok. But, file renewal asap.

san_gcwait said:
I filed my 7th year extension and never got the copy from lawyer although they said they sent it. Its partly my fault too that I didn't follow up much assuming they've done it 4 times for me so will do it again, my bad. Now when I called them up again this week asking they said we can't seem to find anything about it. Not even sure if they filed it. My H1B expired last week.
Luckily I've my EAD which is good till Sept. Is it too late to switch to file that I-4 or I-9 form? I know I don't have a choice but to do it asap but will I be considered out of status for those 7-8 days?

Please advice.

Thanks
Click to expand...
 
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