What is my current status?

N

Niti Upadhyay

Registered Users (C)
Hi,

I'm about to file for my renewal of AP and EAD. In one of the forms, it asks for my current status. I'm working for the company that applied for my GC. My H1 is still valid, but I do have an EAD from last year. So, is my current status AOS or H1?

Also, my husband is working with a company using EAD, is his current status AOS?

Thanks,
Niti.
 
Are you working on H1 and just carrying EAD (not using)? If that is the case, your status would be 'AOS pending and H1B'. Your husband status would be 'AOS pending'.
 
Yes, I'm using H1 and EAD is just around. I didn't know how to shift from H1 to EAD. My H1 is expiring before my current EAD is.. do I need to do anything special to say that now i'm working on EAD?

Thanks,
Niti.
 
Originally posted by Niti Upadhyay
Yes, I'm using H1 and EAD is just around. I didn't know how to shift from H1 to EAD. My H1 is expiring before my current EAD is.. do I need to do anything special to say that now i'm working on EAD?

Thanks,
Niti.
Click to expand...
If you decide to use EAD for work, inform your HR that you need to update your I-9 records. Show them your EAD and sign I-9 indicating the change to EAD.
 
My HR doesn't understand any of the immigration issues. Can I just get the form and ask her to sign? Or should I just ask the company lawyer to take care of that?

Thanks,
Niti.
 
Its surprising you HR doesn't know about I-9. How are they hiring GC holders and American citizens. They have to fill out I-9s.

Its simple. You can get I-9 from BCIS.gov forms and fees section. You just need to fill it and send it to your HR. You company has to maintain I-9 form if you are using EAD/immigrant status.

if you download the PDF it will also have instructions for both employee and employer.
 
Renewing H1 is out of question. They would rather kick me out than spend 2000 bucks on renewing H1.

HR doesn't know anything cause she is finance person. our actual HR was let go.

I'll download the form. Thanks.

Niti.
 
Originally posted by nkm-oct23
If you decide to use EAD for work, inform your HR that you need to update your I-9 records. Show them your EAD and sign I-9 indicating the change to EAD.
Click to expand...

Is it not the employer responsibility to get the new authorization once the old one is expired ? Employee need not inform the employer about switching from H1 to EAD. Even i know a case where employer did not have the idea of I-9 although he has sponsored his first H1. My friend try to educate his manager about I-9. He got scared. My friend just gave him copy of his EAD and asked him keep in his file.


This is from another school of thought:
On other hand when you are continuing with same employer It may not be required also. Do you submit I-9 when you get new H1 after the old H1 is expired? It is required to collect I-9 only first time. Later you need to renew your authorizations to keep you in the status.
 
Last edited by a moderator:
Our HR does get worried every time we have to explain her something new. I'll give her a copy of my EAD and maybe try to explain to her the I9 stuff.. :)

Thanks everybody,
Niti.
 
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