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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 06-13-2008, 12:37 AM
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Default Going on EAD - steps

My H1B is going to expire soon. Neither myself nor my employer have any intention to do further extension.

So as I understand, I have to give I-9 (http://www.uscis.gov/files/form/I-9.pdf, page 3) to my employer and I am on EAD.

Anything I am overlooking in H1B -> EAD process?

Last edited by Dhundhun; 06-13-2008 at 07:14 PM.
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  #2 (permalink)  
Old 06-13-2008, 03:40 AM
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Default

Quote:
Originally Posted by Dhundhun View Post
My H1B is going to expire soon. Neither myself not my employer have any intention to do further extension.

So as I understand, I have to give I-9 to my employer and I am on EAD.

Anything I am overlooking in H1B -> EAD process?
I think you are good to go. That's what my attorney told me last time I checked with her. Make sure you renew EAD/AP's on time though.
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  #3 (permalink)  
Old 06-13-2008, 07:00 AM
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Default

Quote:
Originally Posted by Dhundhun View Post
My H1B is going to expire soon. Neither myself not my employer have any intention to do further extension.

So as I understand, I have to give I-9 to my employer and I am on EAD.

Anything I am overlooking in H1B -> EAD process?
nope that it. From your point of view the I-9 is enough. The employer might want to infiorm USCIS that you are no longer on H1, but thats the employers responsibility. make sure you keep copies of all payslips until you move to EAD so you have records of your H1 status being valid until you started using EAD (actually until EAD approval date is enough)
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  #4 (permalink)  
Old 06-13-2008, 04:20 PM
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Originally Posted by meridiani.planum View Post
nope that it. From your point of view the I-9 is enough. The employer might want to infiorm USCIS that you are no longer on H1, but thats the employers responsibility. make sure you keep copies of all payslips until you move to EAD so you have records of your H1 status being valid until you started using EAD (actually until EAD approval date is enough)
Do you think that employer has to inform USCIS that you have moved to EAD.
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  #5 (permalink)  
Old 06-13-2008, 05:06 PM
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Thanks "panky72" and "meridiani.planum" for inputs.

As far as I know, it is optional for employer to inform USCIS. I don't think, they have time to do so (since it is optional). This is one of the grey areas, where an I485 applicant should maintain documents perfectly.
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  #6 (permalink)  
Old 06-13-2008, 06:25 PM
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Default Am I still on H1 Or EAD

Sorry to post this here...but it is very relevant to my case too...

I had my H1 extended for 3 years, have EAD and AP. Went to India and came back using AP....

Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..

Thanks
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Status : I-485 pending, PD Feb 2005, EB3 - India
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  #7 (permalink)  
Old 06-13-2008, 06:35 PM
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Quote:
Originally Posted by RNGC View Post
Sorry to post this here...but it is very relevant to my case too...

I had my H1 extended for 3 years, have EAD and AP. Went to India and came back using AP....

Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..

Thanks
As far as I Know coming on AP does not affect H1B/H4 status (despite the fact AP is stamped or you get I94 for one year).

My case is different - H1 is expiring and I have to show EAD to employer (by submitting I-9) as a proof for eligibility status to continue work.
(Employer does not get EAD and so they need to know my eligibility status in order to keep me as employee - Form I-9 and photocopy of EAD).

Last edited by Dhundhun; 06-13-2008 at 07:13 PM.
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  #8 (permalink)  
Old 06-14-2008, 02:20 AM
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Priority Date
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Jun-06
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I140 Mailed Date
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:
07/11/2008
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Quote:
Originally Posted by Dhundhun View Post
Thanks "panky72" and "meridiani.planum" for inputs.

As far as I know, it is optional for employer to inform USCIS. I don't think, they have time to do so (since it is optional). This is one of the grey areas, where an I485 applicant should maintain documents perfectly.
I think you have to inform USCIS only if you plan to use AC-21 to change employers. But to stay with the same employer you can just fill out I-9 and start using EAD.
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