EAD usage - Pending Family based AOS

[needhelp555]

Hi Gurus,

I have couple of questions on using my EAD (family based)...to give you background, i am currently on H1b and filed for my Greencard this year. i got my EAD/AP in August'08 but never used it.

I am planning to open corp using my EAD which will cancel my h1b, my question is - if i use my EAD to open corp this month but use my corp to bill the client in Jan'09, Can my current employer still run payroll on my SSN (without me giving them my EAD)for rest of Dec? or i have to inform my current employer that my H1b is not invalid anymore?

also i have mentioned my current employer while filing for I-130 to co-sponser the application, will there be any problem if i change employer (which is my own s-corp)?

Thanks...God Bless

[txh1b]

SSN remains the same. Only thing that changes is the I-9 proof with the employer to EAD. You have to provide them the EAAD and fill a new I-9 if you want to do things the right way.

[needhelp555]

Thanks...

So, there won't be any issues if i change my employer next month (to my own corp) even thgh i have mentioned my current employer in form I-130?

and you also mean as soon as i use my EAD and to run the next couple of weeks (dec'08) payroll, i have to give my current employer 1) my EAD 2) form i-9? they cant just run the payroll for 2 weeks (Dec) as i will not be their employee anymore starting from Jan'09?

Thanks for your help!!!!

[agni]

Length of Validity

Hi Gurus,

I have couple of questions on using my EAD (family based)...to give you background, i am currently on H1b and filed for my Greencard this year. i got my EAD/AP in August'08 but never used it.

I am planning to open corp using my EAD which will cancel my h1b, my question is - if i use my EAD to open corp this month but use my corp to bill the client in Jan'09, Can my current employer still run payroll on my SSN (without me giving them my EAD)for rest of Dec? or i have to inform my current employer that my H1b is not invalid anymore?

also i have mentioned my current employer while filing for I-130 to co-sponser the application, will there be any problem if i change employer (which is my own s-corp)?

Thanks...God Bless

I am in similar situation in terms of filing and I got my EAD card yesterday. I see the duration its valid for is one year. I am not going to get a conditional green card since my marraige is over 3 years. So my question is why is the EAD issued valid only for a year??

Thanks guys

[txh1b]

So my question is why is the EAD issued valid only for a year??

because you would not need it if you get a GC.

[needhelp555]

Txh1b, Could you please answer the below questions as well? Thanks in adv

[agni]

because you would not need it if you get a GC.

Thanks for your quick reply.

[txh1b]

So, there won't be any issues if i change my employer next month (to my own corp) even thgh i have mentioned my current employer in form I-130?

and you also mean as soon as i use my EAD and to run the next couple of weeks (dec'08) payroll, i have to give my current employer 1) my EAD 2) form i-9? they cant just run the payroll for 2 weeks (Dec) as i will not be their employee anymore starting from Jan'09?

No issues with the sponsorship as the sponsorship was due to a job, not due to employer-employee relationship. You were actually self sponsoring showing your salary from the job and not like you indicated.

Like I mentioned earlier, if you want to do it right, I-9 should be filled even if it is for a single day. You can register a S Corp but if you are any part of the operation or as a proprietor, you are can no longer be on H1b.

[needhelp555]

Thanks...

Thanks for the quick response...

That means if i register a "s corp" with my EAD, it doesnt make my H1b invalid and i can still be on H1b but my H1b becomes invalid only if i run payroll or use EAD in my own corp? correct?

[txh1b]

Depends on who will be on the S corp. If you involve with anything to do with the company other than providing finance, you automatically have used the EAD as on a H1b, you cannot work for any other employer and you setting up the S-corp is work.

[needhelp555]

Depends on who will be on the S corp. If you involve with anything to do with the company other than providing finance, you automatically have used the EAD as on a H1b, you cannot work for any other employer and you setting up the S-corp is work.

Does "just Registering a S-corp" considered as an involvement which will effect H1b? I am just planning to register with EAD without running any payroll or doing any other activities untill Jan'08

[needhelp555]

txh1b

Txh1b,

Could you please answer this last question...Does "just Registering a S-corp" considered as an involvement which will effect H1b? I am just planning to register with EAD without running any payroll or doing any other activities until Jan'08

[txh1b]

You will be fine if you do that.

[stephan]

Need help on EAD

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Hi,

Right now, I am in H1B & same employer had applied my GC & I have not used my EAD and EAD was valid till Aug,2010. Could you please suggest me below things.

01). I want to change my employer and work on EAD ??? ..Is there any problem on this one...

02). I want maintain good relationship with A company who had applied my GC for future queries in case INS asks ????. How Can I tell this to my current A company ...

I hope, all this questions might have posted already ..please tell me the link as well.

Please suggest me on this one.

Thanks and regards,
Ur Buddy.

[txh1b]

Has your I140 been approved?

1. Use AC21 if the job is the same/similar kind and change your permanent employer to the new one.

2. You have to figure it out.