Employment Authorization Document (EAD)

[vizcard]

Hello Gurus,
We have received our EADs recently. I have few questions regarding the usage.

Currently my wife is on H4 status.

Can she start working using her EAD ?
If so how to activate the EAD. Is there any procedure involved or does she just need to show the EAD to the employer?
Do we need to inform USCIS regarding her intention to use EAD?
Do we need to cancel her H4 once she starts using EAD?
If she switches to EAD, will that effect my status? Currently I am on H1B and want to continue on H1B until my GC is approved.

Thanks,

1. Yes
2. She needs to fill out the I-9 with her prospective employer showing the EAD as employment authorization.
3. No
4. It usually is automatically void but I'm not sure of the mechanics on that. Perhaps talking to a lawyer may help here.
5. It won't affect your status since she is the derivative. It is similar to her going on F1 or B1. It doesn't change your status.

[shreyasai2004]

im not a guru but I'll try to answer your question.
1. Do you know what is their driver for moving you to EAD if they are keeping your H1 valid? I can't imagine there being a real valid reason one way or another.
2. By the letter of the law, I believe switching from H1 to EAD means you are "abandoning" your H status. I don't know how the mechanics work here. I suppose if the company does not inform the USCIS, then your H status still technically remains but is illegal by the letter of the law.

Its not the end of the world if you go on EAD and if you don't have other constraints (dependents on the way, etc.), its no problem. Remember to carry your EAD card when you travel overseas though. That's your only ticket in.

Thanks for the information But I don't know why employer is asking like that employer told if USCIS is asking a question about why he was not moved to EAD.

[mysati]

Thanks for the information But I don't know why employer is asking like that employer told if USCIS is asking a question about why he was not moved to EAD.

Why would USCIS pick on your case and ask your employer about your move to EAD, specifically, unless there is an audit of some sorts? Sounds fishy... Maybe someone more knowledgeable has an answer for you.

[vizcard]

Thanks for the information But I don't know why employer is asking like that employer told if USCIS is asking a question about why he was not moved to EAD.

Why would USCIS pick on your case and ask your employer about your move to EAD, specifically, unless there is an audit of some sorts? Sounds fishy... Maybe someone more knowledgeable has an answer for you.

There is no rule that says you HAVE to go on EAD once you get it. It's a choice people make. The USCIS or the employer cannot make you do it. It does sound fishy!

[camilosesto83]

Guys,

I need a clarification on form i9. Is there any govt notification that suggests that the documents provided on the i9 confer a particular immigration status. I hear all the time that even if you have a valid h1b with a particular employer, if you show ead card when you fill i9 with the same employer, ur status changes to ead.If the employee entered the US on h1b with a h1b on his i94, how can just showing ead for i9 purposes change his status. I understand this during change of employer and the new employer has not sponsored a h1b petition. But if an employer has sponsored a valid approved h1b petition, how can just showing ead for i9 be construed as change of status

[imdeng]

You are not just "showing" EAD, you are using EAD as the basis for lawful employment in the country - hence the resulting status change from H1 to EAD. When you entered the country on H1B and I-94, your status was H1-B - but when you sign on an I-9 with EAD info - then you claim an EAD status and effectively relinquish your H1B status.

Hmmm... Google tells me that I-9 is not submitted to USCIS - but just kept in file by the company for three years for any inspections. So perhaps what you enter on the I-9 does not even reach USCIS unless USCIS inspects/audits the company. So while I still think that I-9 signifies a change in status, I am not so sure that USCIS has immediate visibility on to that process.

Guys,

I need a clarification on form i9. Is there any govt notification that suggests that the documents provided on the i9 confer a particular immigration status. I hear all the time that even if you have a valid h1b with a particular employer, if you show ead card when you fill i9 with the same employer, ur status changes to ead.If the employee entered the US on h1b with a h1b on his i94, how can just showing ead for i9 purposes change his status. I understand this during change of employer and the new employer has not sponsored a h1b petition. But if an employer has sponsored a valid approved h1b petition, how can just showing ead for i9 be construed as change of status

[camilosesto83]

You are not just "showing" EAD, you are using EAD as the basis for lawful employment in the country - hence the resulting status change from H1 to EAD. When you entered the country on H1B and I-94, your status was H1-B - but when you sign on an I-9 with EAD info - then you claim an EAD status and effectively relinquish your H1B status.

Hmmm... Google tells me that I-9 is not submitted to USCIS - but just kept in file by the company for three years for any inspections. So perhaps what you enter on the I-9 does not even reach USCIS unless USCIS inspects/audits the company. So while I still think that I-9 signifies a change in status, I am not so sure that USCIS has immediate visibility on to that process.

I don't see anywhere on the i9 form where the employee agrees that the identification provided forms the basis of his or her immigration status. The point is i9 asks you to show a proof for you to take up legal employment. That does not mean you cannot have another valid way to work here. And if what you are saying is correct, why can't someone go back to h1b by showing ur h1b status again. Of course that is not possible if h1b is lost upon use of ead, but I don't see that statement to that effect either, if you use ead with the same employer who sponsored the h1b.

IMHO you only lose h1b status if you use ead with an employer who has not sponsored the h1b.

[vizcard]

I don't see anywhere on the i9 form where the employee agrees that the identification provided forms the basis of his or her immigration status. The point is i9 asks you to show a proof for you to take up legal employment. That does not mean you cannot have another valid way to work here. And if what you are saying is correct, why can't someone go back to h1b by showing ur h1b status again. Of course that is not possible if h1b is lost upon use of ead, but I don't see that statement to that effect either, if you use ead with the same employer who sponsored the h1b.

IMHO you only lose h1b status if you use ead with an employer who has not sponsored the h1b.

True statements. It's a one-way street - from DHS to employer and no backward loop.

[sreddy]

Asking this question on a wrong forum, can be moved to right place after some one answers it.
Any one applied for EAD/AP renewal please share your experience. Probably answering below questions may cover, but add more if you think some one applying should know.

1. Is it same forms I-765, and I-131 to be fill for renewal as well?
2. Any sections filled in differently compared to first time we filled those?
3. No fee involved if you are applying for one year extension because you got 1 year EAD/AP card. Is that right?
4. What other documents/things to be enclosed?

[pranayGH19]

Hi, first time on this forum. Thanks to all members for valuable inputs.

My wife is on EAD now and she is in India now and plans to apply for renewal. I am in US now. can she mail the signed I-765 and I-131 to me and then can I send her documents to USCIS for renewal?

[qesehmk]

Pranay welcome to forum. That sounds perfectly alright to me. But u may want to wait for others response too.

Hi, first time on this forum. Thanks to all members for valuable inputs.

My wife is on EAD now and she is in India now and plans to apply for renewal. I am in US now. can she mail the signed I-765 and I-131 to me and then can I send her documents to USCIS for renewal?

[vizcard]

Asking this question on a wrong forum, can be moved to right place after some one answers it.
Any one applied for EAD/AP renewal please share your experience. Probably answering below questions may cover, but add more if you think some one applying should know.

1. Is it same forms I-765, and I-131 to be fill for renewal as well?
2. Any sections filled in differently compared to first time we filled those?
3. No fee involved if you are applying for one year extension because you got 1 year EAD/AP card. Is that right?
4. What other documents/things to be enclosed?

1. Yes
2. Yes
3. That is right
4. I submitted 2 photos for each form (so 4 total), copy of existing EAD/ AP card, copy of current I94, bio page of passport and for some reason drivers license.

I got this from my lawyers - Fragomen.

[zenmaster]

Hi, first time on this forum. Thanks to all members for valuable inputs.

My wife is on EAD now and she is in India now and plans to apply for renewal. I am in US now. can she mail the signed I-765 and I-131 to me and then can I send her documents to USCIS for renewal?

Pranay,
I have the same situation.
My lawyer mentioned that one cannot apply for EAD/AP card while out of US.
Reason is that I-94 copy is needed to be submitted.
Hope this helps.

[pranayGH19]

Pranay,
I have the same situation.
My lawyer mentioned that one cannot apply for EAD/AP card while out of US.
Reason is that I-94 copy is needed to be submitted.
Hope this helps.

hi Zenmaster,

Thanks for the reply. In I-765 instructions pdf file on USCIS site, it says no need to submit I-94 if you are applying under c9 category. I-131 instructions pdf also didn't ask to submit I-94 if it is for Advance Parole. I might be wrong but just wanted to double check

[vizcard]

Pranay,
I have the same situation.
My lawyer mentioned that one cannot apply for EAD/AP card while out of US.
Reason is that I-94 copy is needed to be submitted.
Hope this helps.

hi Zenmaster,

Thanks for the reply. In I-765 instructions pdf file on USCIS site, it says no need to submit I-94 if you are applying under c9 category. I-131 instructions pdf also didn't ask to submit I-94 if it is for Advance Parole. I might be wrong but just wanted to double check

my lawyers asked for I94 copies when they filed for my renewal. My renewal app got delayed a week coz I was overseas for work and they wanted the new I94.

I do think if you have a copy of the old one its fine.

[gcq]

EAD can be applied even when one is outside US.
AP can be applied only when applicant is inside US. Once applied for AP renewal, he can travel to India as long as he has a valid AP (older unexpired ) to return to US.

As for I-94 info, the last I-94 available at the time of applying is good enough.

[Vkkpnm]

Guys any idea, in how many days on average one gets an actual EAD card after getting its approval?

[Vkkpnm]

Hello Guys, Need your opinion/advice on below mentioned questions regarding EAD

1. Can I work on 1099 on my EAD while continue working for my sponsor company on W2? I mean doing multiple jobs on EAD, on W2 for sponsored company and on 1099 for other companies?

2. Can I continue working on H1B and still work on 1099 based on EAD for any other company?

3. If I want to keep working on H1B, do I need to keep renewing my EAD since my wife will be working on her EAD?

Appreciate your response on this

[Pedro Gonzales]

Hello Guys, Need your opinion/advice on below mentioned questions regarding EAD

1. Can I work on 1099 on my EAD while continue working for my sponsor company on W2? I mean doing multiple jobs on EAD, on W2 for sponsored company and on 1099 for other companies?

2. Can I continue working on H1B and still work on 1099 based on EAD for any other company?

3. If I want to keep working on H1B, do I need to keep renewing my EAD since my wife will be working on her EAD?

Appreciate your response on this

Don't have answers on '1' and '2', but on '3', technically you don't need to as you'll be sending in separate applications (even if its in the same packet). But since extension is free, why wouldn't you renew your EAD too? I don't see any downside to extending your EAD, and lots of upside.

[Vkkpnm]

Thanks Pedro. I did not know that the EAD extension is free . That makes sense.

[RogerFederer]

EAD - multiple jobs allowed, assuming you are still working with sponsoring employer. Sponsor job offer is must

H1B . Strictly for sponsor. You cannot work any other job. It also includes using h1b and while you have ead. As soon as you invoke ead, h1 is invalid.

So pls be careful b4 taking employment and always consult immigration attorney before doing so.

[qesehmk]

EAD - multiple jobs allowed, assuming you are still working with sponsoring employer. Sponsor job offer is must

H1B . Strictly for sponsor. You cannot work any other job. It also includes using h1b and while you have ead. As soon as you invoke ead, h1 is invalid.

So pls be careful b4 taking employment and always consult immigration attorney before doing so.

That's not quite true roger. If you start using EAD then your H1 status ceases. But H1 remains valid until its end date. Any unused duration can be claimed in future.

Secondly while on H1 with one employer you can also be employed with another one on EAD. In that case H1 is still valid and EAD is just that ... an employment authorization document.

[RogerFederer]

That's not quite true roger. If you start using EAD then your H1 status ceases. But H1 remains valid until its end date. Any unused duration can be claimed in future.

Secondly while on H1 with one employer you can also be employed with another one on EAD. In that case H1 is still valid and EAD is just that ... an employment authorization document.

Q

I do agree on the part that unused time can be claimed for future h1b, IMHO I disagree with the rest. These are the kind of things ppl end up with rfes, interviews, noids and mtrs. I have personally seen ppl going to interview, but almost each case was successul. Again that was just my opinion and you don't have to agree :-)

Just fyi, I tend to answer so that no risk by following my post. also I use tablet to type . So generally I only answer the question, nothing else. And these all are just based on my knowledge and exp of more than a decade of my stay here :-) . I know people take all these info, and if they don't like it they can dump this info in garbage.

[qesehmk]

Roger of course! Neither I am a lawyer and this is just based on my experience and understanding. Same is true with everybody else on the forum.

It's good to have different views. The person asking question gets education 5% more than before asking the question is the real win!!

In this particular I am reasonably confident about what I said. The complications here come from EAD which is neither a visa nor a status by itself. It is simply an authorization document.

Q

I do agree on the part that unused time can be claimed for future h1b, IMHO I disagree with the rest. These are the kind of things ppl end up with rfes, interviews, noids and mtrs. I have personally seen ppl going to interview, but almost each case was successul. Again that was just my opinion and you don't have to agree :-)

Just fyi, I tend to answer so that no risk by following my post. also I use tablet to type . So generally I only answer the question, nothing else. And these all are just based on my knowledge and exp of more than a decade of my stay here :-) . I know people take all these info, and if they don't like it they can dump this info in garbage.

[lozolneo]

Hi guys- Quick question please.

When filing the EAD/AP renewal form, what should be the answer for below please:

I-131

Class of Admission- would it be Advance Parole? the electronic I-94 copy says DA for class of admission. What should we put? Guy who have renewed while EAD/AP?

I-765

Status at Last entry- Advance Parole?
Current Immigration Status- Advance Parole?

Pls assist.

Thanks,