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

Asked over 1 year ago - 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)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . 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
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . 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... more

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A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

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