Attn:Hadron Concurrent NIW while on H1

[drI140]

A lot has been written about using an EAD while on an H1B doing waiver.My question is a little different though on the same lines. I have friend on an H1B from the VA and the affiliated University hospital where she is required to have an academic appointment expects her to give talks and teach residents/fellows. She is paid an additional sum of $900 per year for all the talks. For 2 years, my friend filed separate H1B's for this purpose (just to get $900 because the University payroll would not process this amount without INS approval) but for the last year she used the EAD. I know this amount is paltry but can this be a problem when they review her GC or citizenship application in the future.Her lawyer believes no since it does not conflict with the contract of the VA and does not involve getting reimbursement for seeing patients and second the advertisement for her hiring explicitly said that she should meet criteria for academic appointment at the University and mentioned teaching responsibilities. I might want to consider doing the same i.e. use EAD ,if its OK, for next year.

And lastly I have to add the usual-Hadron please advise

 

[hadron]

I'll read your post in more detail later. But I think she should be ok. There is only one issue: The moment she used the EAD, she invalidated her H1b. So, now she is considered an 'adjustee'. This is no problem as long as everything with her immigration case is nice and dandy. If through some f()#(_up at USCIS her I140 got denied, she would fall out of status.


(to file another H1b for a $900 fee is quite ludicrous, you are ending up paying more in fees and postage than the $900. She would probably have been better off to have payroll send the check to some charity).

 

[drI140]

Hadron-f/u question

Hi Hadron-did you get to review my post in detail.

On a similar note what if the spouse of an NIW approved applicant uses the EAD for a job (spouse got the EAD secondary the husband/wife getting the NIW approved).By the same token,if the spouse uses the EAD,the primary applicant should become an adjsutee from an H1B status since an NIW provision was invoked. Any thoughts?

 

[hadron]

I re-read it, and here are my 5cents:

- her getting $900 from a second employer will NOT interfere with a pending I140/I485. A GC is for future employment, she and the employer have to maintain the intent to enter into a permanent employment relationship once she gets the GC. She could be working at the 7-11 full-time until the I485 gets approved.

- once she uses the EAD, her main employment will also have to switch to EAD (using EAD to my knowledge invalidates H1b status).

- a spouse who filed an I485 as derivative of the main applicants NIW can use the EAD without affecting the main applicants status. The spouses status will change from H4 to 'adjustee', but it doesn't affec the principal.