USCIS Knowing about use of EAD

[gururavi]

Hi all,

I have been reading this wonderful forums for the past 4 months and I notice that lot of people saying "Applying EAD no problem but using EAD automatically revokes H1B/H4 visa". I am just wondering how does USCIS comes to know that a person is using EAD.

Could anyone please let me know? I am just keen to understand the process.
Is the employer supposed to inform USCIS that a particular employee is using EAD.

Here is a scenario:

My wife is currently in H4 (expires on Oct 2004). Applied for H4 ext and got approved today. We got our interim EAD last week. If she started using EAD, how does the USCIS comes to know that she is using EAD.


Thanks in advance
Ravi

 

[nkm-oct23]

Your wife has to declare in writing to the employer on a USCIS form I-9 that she is using EAD to verify employment authorization.

 

[kanus]

Truth is, they probably won't know.

When anybody goes for employment, they must fill in an I-9. You present your EAD at that time.

The I-9 does NOT automatically get sent to the BCIS. The employer has to keep it around for a set period of time.

The only way BCIS finds out that you used your EAD for employment authorization on that I-9 is if (a) the employer decides to notify them, or (b) the employer is audited by BCIS.

 

[tammy2]

The IRS and Social security wages earned by immigrants reported to INS. They can catch. These people are slow but not stupid.

 

[bhandus2004]

Using an EAD on an H-4 doesn't nullify the h-4.

Technically, using EAD on h4 does nullify the h4 status even if the h1 holder continues with the h1.

How would BCIS come to know about the change from h4 to EAD, i am not sure.. nor am i sure how would they come to know that you have moved from h4 to EAD and need AP to re-enter the country ???

 

[tammy2]

I don't think uscis has access to IRS information (privacy rules). This is the reason why they ask for paystubs, tax returns, etc. If they had access then they would not ask for these things.

It is IRS but Social Security. This what i heard on Radio talk show some time ago

Until 2002 Social Security used to send earning information to the INS of those social security number which were not issued for working purpose. (SSN issued to H4 people)

As a result of September 11, In 2003 they changed this and started sharing some more type of cases.( Probably the cases in which name and SSN mismatch occurs). they were working on reporting all immigrants information.