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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1 (permalink)  
Old 03-13-2010, 03:25 AM
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Default H1b Cancellation when moving from H1b to EAD

Hello,

For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?

2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?

Than You.

Last edited by uimv; 03-13-2010 at 03:49 AM.
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  #2 (permalink)  
Old 03-13-2010, 10:13 AM
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Quote:
Originally Posted by coopheal View Post
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.

However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.

Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?

ALL: Please share your experience in this area.

Last edited by uimv; 03-13-2010 at 10:23 AM.
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  #3 (permalink)  
Old 03-13-2010, 03:48 PM
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Quote:
Originally Posted by uimv View Post
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?

ALL: Please share your experience in this area.
Incorrect!

I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

Read for yourself -

http://www.uscis.gov/files/article/E1eng.pdf

[From the pdf link]
Employers must keep USCIS informed of any firings,
termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.



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  #4 (permalink)  
Old 03-14-2010, 01:08 PM
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Originally Posted by desi3933 View Post
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.

Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings,
termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.

But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.

Last edited by uimv; 03-14-2010 at 01:12 PM.
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  #5 (permalink)  
Old 03-14-2010, 01:14 PM
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So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?

Quote:
Originally Posted by uimv View Post
Thanks coopheal, desi3933.

But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
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  #6 (permalink)  
Old 03-14-2010, 01:18 PM
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Originally Posted by redgreen View Post
So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
Switch from H1 to EAD is done by filling out new I-9 form for EAD.
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  #7 (permalink)  
Old 03-15-2010, 07:59 AM
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Default

Quote:
Originally Posted by uimv View Post
Thanks coopheal, desi3933.

But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
Incorrect!

Switching from H-1B to EAD comes under
change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).


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  #8 (permalink)  
Old 03-15-2010, 02:55 PM
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Quote:
Originally Posted by desi3933 View Post
Incorrect!
Switching from H-1B to EAD comes under
change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)

Last edited by uimv; 03-15-2010 at 03:00 PM.
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  #9 (permalink)  
Old 03-15-2010, 03:57 PM
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Quote:
Originally Posted by uimv View Post
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!

Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).

There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.


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