My current status EAD or H1B?


na104

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Posted

Here is brief history of my case:

I am on EB3 status with priority date Aug 2006. Completed 6 years in H1.

I was working on EAD/AP in 2012(EAD is valid until 2014). Didn't extend H1B after 6 years.

My wife went to India while she was pregnant using her AP to attend her sister's wedding and was suppose to come back here for delivery. But while in India, her pregnancy became complicated and Dr advised her not to travel still she gives birth to baby. So the baby was born in India.

Since I was on AP, I couldn't sponsor any visa for new dependents(new born baby).

I was not sure how to get my family back to USA as I have completed 6 years on H1B. Thanks to the timely great advice of this forum members and Murthy attorney, I was told that I can go back to H1B based on i140 even though I didn't extend my H1B after 6 years was completed..

My company applied H1B for me based on my approved i140 and it got approved.

In December went to India for stamping and brought my family back to USA with out any issues.

After coming back from India, when I requested my company to update i9 form again with my H1B visa details, they told me it is not required as my old I9 form updated with EAD details is still valid until 2014(EAD expiration date).

But I thought I have to maintain H1B status for my daughter to maintain he H4 status? Is my company correct in saying that I don't have to update I9 form with H1B details?Does that mean just entering the country by H1B is sufficient for my daughter to maintain her H4 status and I can continue working on EAD? I am not sure what is my Status now?

Please advice me guys. Thanks in advance for all the help.

Posted

After entering on H1 and working for the employer stated on that H1, there is absolutely no doubt whatsoever that you are in H1 status.

In that case, don't I am required to update my I9 form with H1B details...or it is not a MUST?

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