EAD extension/Status question

[askthequestion]

I am hoping someone from this forum can help me on these questions.

Background:

1. I have my EAD from my sponsoring company. At the same time, my H1B was extended for 3 more years ( after 6 years of H1B ) on the basis of pending I485. I didnt use EAD and continue to work on H1b for my sponsoring company.


2. Meanwhile, I got another job for which I used my EAD which will be expiring on 10/24/2008.

My questions:

1. Continue to use H1b for the sponsoring company AND using EAD for other than the sponsoring company , is that OK?. My lawyer said that it would be ok to be on H1B for my primary employer since i am still with the sponsoring and company and use EAD for other jobs. Its NOT needed to convert to EAD from H1B with the sponsoring company. is my lawyer true?. they are a very big named /competant firm.


2. I applied for my EAD extension. Can I continue to work based on pending EAD ? ( will expire on 10/24/2008 and applied 90 days ahead of time).


Appreciate any help ...

[nervewreck]

Originally Posted by askthequestion

I am hoping someone from this forum can help me on these questions.

Background:

1. I have my EAD from my sponsoring company. At the same time, my H1B was extended for 3 more years ( after 6 years of H1B ) on the basis of pending I485. I didnt use EAD and continue to work on H1b for my sponsoring company.

..............Lets call this sponsoring company - Company A

2. Meanwhile, I got another job for which I used my EAD which will be expiring on 10/24/2008.

.............So, you have nothing to do with Company A at this point. Now you are working for Company B using your EAD

My questions:

1. Continue to use H1b for the sponsoring company AND using EAD for other than the sponsoring company , is that OK?. My lawyer said that it would be ok to be on H1B for my primary employer since i am still with the sponsoring and company and use EAD for other jobs. Its NOT needed to convert to EAD from H1B with the sponsoring company. is my lawyer true?. they are a very big named /competant firm.

Although Company A sponsored you for your 485 and H1B, you are no longer associated with them, employment wise. You have already moved on to the Company B, and started using EAD. Once you start using EAD, your H1B is no longer your status. Even though its valid for n number of years, your status automatically becomes "pending AOS, using EAD" once you start working on EAD.

2. I applied for my EAD extension. Can I continue to work based on pending EAD ? ( will expire on 10/24/2008 and applied 90 days ahead of time).

It is advisable to make sure that you receive your renewed EAD prior to the expiration of the existing one. If there is any delay, people suggest to take some time off or go on vacation etc until the renewed EAD reaches you. Since you do have enough lead time planned and put in place, I think you should be ok.
Appreciate any help ...

Good Luck...

[mmed]

Originally Posted by askthequestion

My questions:

1. Continue to use H1b for the sponsoring company AND using EAD for other than the sponsoring company , is that OK?. My lawyer said that it would be ok to be on H1B for my primary employer since i am still with the sponsoring and company and use EAD for other jobs. Its NOT needed to convert to EAD from H1B with the sponsoring company. is my lawyer true?. they are a very big named /competant firm.


2. I applied for my EAD extension. Can I continue to work based on pending EAD ? ( will expire on 10/24/2008 and applied 90 days ahead of time).


Appreciate any help ...

1- It is not OK to use the H with one and EAD with other employer, by then you are violating your H status which is for one employer. You need to change to EAD with both of them (EAD is not restricted to one employer)
2- You can not working with pending EAD (it is not like pending H) and you should have card (or at least approval) before you continue work despite the fact that you applied 90 or even 120 days in advance.

[askthequestion]

Thank you for answering questions.

1. I am still employed with the original employer. I got another job ( part time / side job ) and used EAD for the second job. I still have the original job.

2. My lawyer said its ok to be on H1B for the sponsoring employer since i am still working for the original company AND use EAD for other side jobs at the same time.

But as per the forum, I am getting different answers compared to my lawyer..

Do you guys have any URL to validate this?

THANK YOU very much for your help.

[askthequestion]

I googled the forum and I came across this


"http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
**from Murthy Law office
"


This seems OK to be on h1B for the sponsoring company as my H1B was extended beyond 6 years for 3 years with the same employer and start working on EAD for side part/fulltime jobs...


Could someone shed some light here?

Appreciate your help.

[dma919]

No, it's not ok.

The Murthy quote is for filing an H1b extension after using AP to re-instate yourself to an H1b status after being switched to "parolee" status as a result of traveling on AP. That is quite different to simultaneously working on H1b and EAD which violates h1b status.

[voldemarv]

Originally Posted by mmed

1- It is not OK to use the H with one and EAD with other employer, by then you are violating your H status which is for one employer. You need to change to EAD with both of them (EAD is not restricted to one employer)

It's illegal on H1 to work for second employer without USCIS authorization. EAD is authorization to work. It means there is no H1 status violation if you continue full time employment with sponsoring employer.

[mmed]

Originally Posted by voldemarv

It's illegal on H1 to work for second employer without USCIS authorization. EAD is authorization to work. It means there is no H1 status violation if you continue full time employment with sponsoring employer.

This is your understanding. The USCIS is not giving you EAD as an authorization to void the H requirement, it is giving it because of the pending I-485 and has nothing to do if you are H or not. The H regulations still effective and it is for only one sponsor exactly like the H4 (which is not allowed to work), but with the EAD use, the H4 will be voided immediately because you violate its rules (not to work).

[askthequestion]

umm I am confused more now.

1. Use valid H1B /continue to be on a valid H1b ( extended beyond 6 year for 3 more years ) for the GC sponsoring company and use EAD for partime jobs....I have both Valid H1B and a valid EAD cards..

Am I out of status?. I guess at the max, I might have to update my H1B/GC sponsorer with EAD ...Am I right?

[voldemarv]

Originally Posted by mmed

This is your understanding. The USCIS is not giving you EAD as an authorization to void the H requirement,

I don't tell that - it's your words. I'm telling that USCIS is giving permit to work for any employer. And these permit does not contradict H1 status to work for petitioner employer.

Originally Posted by mmed

it is giving it because of the pending I-485 and has nothing to do if you are H or not.

That's true.

Originally Posted by mmed

The H regulations still effective and it is for only one sponsor exactly like the H4 (which is not allowed to work), but with the EAD use, the H4 will be voided immediately because you violate its rules (not to work).

Then read again H1 regulations (law, not forum) and check the exact formula.

[voldemarv]

Originally Posted by askthequestion

umm I am confused more now.

Welcome to immigration law!

Originally Posted by askthequestion

1. Use valid H1B /continue to be on a valid H1b ( extended beyond 6 year for 3 more years ) for the GC sponsoring company and use EAD for partime jobs....I have both Valid H1B and a valid EAD cards..

Then you are fine. If for any reason you don't get EAD renewal in time - quit part time job.

[askthequestion]

Thank you for all of you who took time in replying me.

Can I also do fulltime work using EAD for second company and fulltime work using H1B for the sponsoring company?. I know there would be some legal issues if my employers come to know this?. but other than this, are there any immigration issues?.

I have been working from home for my sponsoring employer ( one of big 5 consulting firms ).

As of today, My skills yield 2$$/hour and I would like to cash out some money before they get devalued to 1$$/1$ per hour....

appreciate your help. I am sure I wont ask any more questions :P

[satgym73]

Once you've used your EAD to work part-time or full-time, then you are no longer in H1 status. Yes you can continue to work for sponsoring company and other companies using EAD.

Originally Posted by askthequestion

Thank you for all of you who took time in replying me.

Can I also do fulltime work using EAD for second company and fulltime work using H1B for the sponsoring company?. I know there would be some legal issues if my employers come to know this?. but other than this, are there any immigration issues?.

I have been working from home for my sponsoring employer ( one of big 5 consulting firms ).

As of today, My skills yield 2$$/hour and I would like to cash out some money before they get devalued to 1$$/1$ per hour....

appreciate your help. I am sure I wont ask any more questions :P

[mmed]

Originally Posted by askthequestion

umm I am confused more now.

1. Use valid H1B /continue to be on a valid H1b ( extended beyond 6 year for 3 more years ) for the GC sponsoring company and use EAD for partime jobs....I have both Valid H1B and a valid EAD cards..

Am I out of status?. I guess at the max, I might have to update my H1B/GC sponsorer with EAD ...Am I right?

By the pending I-485 you will not be out of status either you used EAD or not. We are talking about violation of the H status by using the EAD with another company (work violation). If H1 or H4 used the EAD and get paid (with the same or different employer, for full time or part time) they will not be H anymore and suppose to change to EAD with all employers. The things which could affect your pending I-485 is not just being out of status, work violation, tax violation, crime history and many things could affect it too.