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Can my employer force me to change my status from H1B to EAD without I providing a copy of my EAD card ?

Seattle, WA |

I'm working with my employer for the last 7+ years (H1B visa). My current H1B is valid until Sep 30th 2013.
I received my EAD card in Feb 2012 and then it's renewed. Now EAD card is valid until Feb 2015.
Yesterday my employer e.mailed me and said, I'm on EAD now
I would like to continue on H1B visa until Sep 30th 2013.
My employer is asking a copy of my EAD card but I have not given to them. I suspect, they plan to stop paying my salary because my project (at client place) is ending soon.

Is it mandetory for my employer to obtain my EAD card to change my status from H1B to EAD ?

Attorney Answers 3

Posted

The I-9 must be updated whenever status or work authorization expires.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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3 comments

Asker

Posted

yes, but my question is, can my employer do it without the copy of my EAD card ? Do I have an option to continue on H1B and not on EAD ?

J Charles Ferrari

J Charles Ferrari

Posted

The employer is required to examine the documents presented to complete the I-9.

Asker

Posted

Thanks for your response. So, I have not shown my EAD card (copy). that means, that can't get me on to EAD. right?

Posted

Assuming that your employer is sponsoring you for a green card, I recommend that you maintain your H-1B status until the day that you are granted permanent residence.

Please click the link at the very bottom for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
https://shusterman.com/intake-secure.html
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Asker

Posted

yes, they sponsored my Green Card also. How can I maintain H1B status? Can I decide on that ?

Posted

As an employment-based adjustment of status applicant it is in your interest to maintain your H-1B status until the very day you obtain your green card.

If your I-485 adjustment of status has been pending for at least 6 months, you may change employers, as long as in the "same or similar" occupation.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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