working with Current employer on basis of EAD recieved from Future Employer valid??

N

nato

Registered Users (C)
Folks,

if I switch from H1-B to EAD, do I need to advise the current employer?? if yes, what happens if I don't advise and continue working,

my current employer is not aware of H1-B expired and the EAD is for a future job offer basis.

Is working for the current employer valid with this EAD from future.

What if I go back and start with the future employer after few months
 
nato said:
Folks,

if I switch from H1-B to EAD, do I need to advise the current employer?? if yes, what happens if I don't advise and continue working,
Click to expand...
The ONLY way you can start working on EAD is by filling a new I-9 form with your employer.
So you cannot switch from H1 to EAD without the knowledge of the employer.
 
Can I-9 be filled back dated

means it is only a record with the employer, so they can always do the paper formailty back dated say after a month I tell them that they need to put that on I-9 as well. ;)

Also what is the possible date a person can start work on EAD Is it correct that the approval date though the EAD card may not be in hand...

Thanks for your response!!!

max2k1 said:
The ONLY way you can start working on EAD is by filling a new I-9 form with your employer.
So you cannot switch from H1 to EAD without the knowledge of the employer.
Click to expand...
 
nato said:
means it is only a record with the employer, so they can always do the paper formailty back dated say after a month I tell them that they need to put that on I-9 as well. ;)

Also what is the possible date a person can start work on EAD Is it correct that the approval date though the EAD card may not be in hand...

Thanks for your response!!!
Click to expand...
An employer is required to verify the employment authorization for a new employee within three days of that employee starting. In cases where re-verification is needed, for example an expiring EAD, this must occur prior to expiry of the current authorization.

Therefore, you cannot start work until you have the EAD physically in hand, or at least know for certain that you will have it within the three days. Also, it would be a very foolish employer who manipulated the date on an I-9 because they would leave themselves liable to prosecution.
 
dms thanks for the inputs

However the situation is my employer doesnot know that my H1-B is expiring and is not ware of the EAD either as it is coming on basis of a future employment. i.e. current employment is not a new employment and thus I-9 is in place already with H1-B. I read soemwhere in the forum that one has 90 days to produce the approved EAD even if one is into new employment.. :confused:
dms said:
An employer is required to verify the employment authorization for a new employee within three days of that employee starting. In cases where re-verification is needed, for example an expiring EAD, this must occur prior to expiry of the current authorization.

Therefore, you cannot start work until you have the EAD physically in hand, or at least know for certain that you will have it within the three days. Also, it would be a very foolish employer who manipulated the date on an I-9 because they would leave themselves liable to prosecution.
Click to expand...
 
nato said:
However the situation is my employer doesnot know that my H1-B is expiring and is not ware of the EAD either as it is coming on basis of a future employment. i.e. current employment is not a new employment and thus I-9 is in place already with H1-B. I read soemwhere in the forum that one has 90 days to produce the approved EAD even if one is into new employment.. :confused:
Click to expand...
dms is correct -- if you are continuing on the same job, the employer MUST reverify your eligibility BEFORE the current authorization expires.

Of course, its the employer's responsibility to do that - not yours.
 
Exactly..Great

If the employer doesnot realize that my H1-B expires and continues to pay, what is my loss. Assume at a later date once I get my EAD in hand I will inform them and they can get a suitable I-9 filled up back dated, bcos their mistake not mine.

Hope that clarifies my postion that where I am coming from is that I don't want to loose my pay voluntarily unless the employer finds out
max2k1 said:
dms is correct -- if you are continuing on the same job, the employer MUST reverify your eligibility BEFORE the current authorization expires.

Of course, its the employer's responsibility to do that - not yours.
Click to expand...
 
But be aware that working with current employer on EAD will make your current employer your GC sponsorer and you are no more related to your future employer. (AC-21)

If you get any RFE, your current employer has to respond not future employer.


--------RIGHT??????????
 
va_il said:
But be aware that working with current employer on EAD will make your current employer your GC sponsorer and you are no more related to your future employer. (AC-21)

If you get any RFE, your current employer has to respond not future employer.


--------RIGHT??????????
Click to expand...
Not true. Your GC sponsoring employer can still remain a "future" employer.
You are ONLY required to join the sponsoring employer AFTER getting your 485 approved.
You can work with anyone using EAD till that time.
 
Thanks, I was told what Max21 said in the forum in my other thread

va_il said:
But be aware that working with current employer on EAD will make your current employer your GC sponsorer and you are no more related to your future employer. (AC-21)

If you get any RFE, your current employer has to respond not future employer.


--------RIGHT??????????
Click to expand...
 
Max2K1, what about AC21 in this scenario

max2k1 said:
Not true. Your GC sponsoring employer can still remain a "future" employer.
You are ONLY required to join the sponsoring employer AFTER getting your 485 approved.
You can work with anyone using EAD till that time.
Click to expand...
 
nato said:
If the employer doesnot realize that my H1-B expires and continues to pay, what is my loss. Assume at a later date once I get my EAD in hand I will inform them and they can get a suitable I-9 filled up back dated, bcos their mistake not mine.

Hope that clarifies my postion that where I am coming from is that I don't want to loose my pay voluntarily unless the employer finds out
Click to expand...
Their mistake - your problem. The USCIS has access to IRS tax records. Any future audit could show that you were being paid during a period for which you didn't have the right to work. Do you really want that hanging over you for ever?
 
dms said:
Their mistake - your problem. The USCIS has access to IRS tax records. Any future audit could show that you were being paid during a period for which you didn't have the right to work. Do you really want that hanging over you for ever?
Click to expand...
I don't think that scenario would happen at all ....

Employer is not sending completed I-9 to USCIS or anything like that -- they just have to have in their records.

According to USCIS the poster has work authorization (an approved EAD) - so in the very unlikely event that USCIS wants to review IRS records, it will still be OK.

If the employer is audited, then the expired I-9 issue would come up -- but again in that case, the fault is the employers - -the employees WILL NOT be effected by this (esp. since he has a EAD !!)

Hope this helps :)
 
dms / max thanks, your questions/ans surely helpful here

Think the RIS also really doesnot have anyway to find out each month or each week. essentially it is the W2 record for the year. please correct if I am wrong??
The only risk is if employer is audited during the expired I-9 situation a rare chance...
dms said:
Their mistake - your problem. The USCIS has access to IRS tax records. Any future audit could show that you were being paid during a period for which you didn't have the right to work. Do you really want that hanging over you for ever?
Click to expand...
 
You must log in or register to reply here.
Top