Urgent Question regarding Spouse H1 -> EAD

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rohit_bha

Registered Users (C)
Hi Friends,
I have an urgent question to be clarified. I am the primary applicant (EB3/RD:09/28/03 , I-140 approved) and my spouse is the dependent. She continued to work on H1-B till July end and now as the project ended, needs to move onto new employer with EAD (approved for both).But her dues are still pending from previous project which she will be paid by her Consulting Firm in the span of next 2-3 months only. Meanwhile as she has moved to new job on EAD, she shall start getting the salary from new company.
- Is this an issue that she might be getting 2 checks from different companies now ?
- We don't need to file any AOS 21 for her ? Do I need to tell my lawyers to update her status change from H1-> EAD ?
- Does her H1 stands cancelled now ?If yes, then how will the consulting company (with which she had H1) pay her (Even though it is for work done till July -end , when she was actually on H1) ?

Thanks for the help.
 
rohit_bha said:
Hi Friends,
I have an urgent question to be clarified. I am the primary applicant (EB3/RD:09/28/03 , I-140 approved) and my spouse is the dependent. She continued to work on H1-B till July end and now as the project ended, needs to move onto new employer with EAD (approved for both).But her dues are still pending from previous project which she will be paid by her Consulting Firm in the span of next 2-3 months only. Meanwhile as she has moved to new job on EAD, she shall start getting the salary from new company.
- Is this an issue that she might be getting 2 checks from different companies now ?
- We don't need to file any AOS 21 for her ? Do I need to tell my lawyers to update her status change from H1-> EAD ?
- Does her H1 stands cancelled now ?If yes, then how will the consulting company (with which she had H1) pay her (Even though it is for work done till July -end , when she was actually on H1) ?

Thanks for the help.
Click to expand...

Is this an issue that she might be getting 2 checks from different companies now ?

No. Not at all. It will be good if she can get cheques specifying the same time for which she worked from IRS point of view.

We don't need to file any AOS 21 for her ? Do I need to tell my lawyers to update her status change from H1-> EAD ?

I guess you are talking about AC-21. You have already filed AOS which is form 485. No she need not file AC-21 as she is not primary applicant. You do not have to tell anything to your lawyer as there is no information to be conveyed to anyone. She should have filed I-9 for getting on EAD - that is all. For good measures keep a copy of the same for your records.

- Does her H1 stands cancelled now ?If yes, then how will the consulting company (with which she had H1) pay her (Even though it is for work done till July -end , when she was actually on H1) ?

H1 is in a state which is considered 'dormant'. For all practical purpose, think that it is over.

Employer will mention the dates on salary slip(I guess she is on W2) and payment will not affect her.
 
Thanks for the reply. However the issue is that the consulting company with she had her H1 shall make the rest of the payments with 'Pay Period' mentioned as current months ONLY. So, this would lead us into situation where-in we get 2 cheques each month - one from Consulting company and another one from new company on EAD ? Would this create problem ?

We donot want to tell consulting company that we are moving to EAD as they have a bad history of stopping payments in cases like this .

Please suggest.
 
No. It will not be issue for you. It is company's job to get I-9 filled - don't worry. If they will need it during audit - they will locate you, beg you, ask for mercy. :D You will not face any problem.

Have fun and get all the money first.
 
Thanks for the reply again and sorry to bother u again with my issue...

You mentioned that "It is company's job to get I-9 filled" ... Which company is this in my case ? New company with which she moved with EAD ?
Till now, they have not filled any I-9 form for her,even though they took the copy of her EAD Card. They have only given W4 & IT-2104 FORMS tobe filled.
Should we impress upon new company to fill I-9 now itself or let them take their due time ?
Another related question is that would the previous company know that her H1 has been cancelled and she has moved to EAD Now ? When would they ever know that she has changed employer now ?

Thanks again..Really appreciate all your help.
 
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