both EAD and H1-B

R

Robert8

Registered Users (C)
I have a friend who is desperate to make more money to support his family. He is working full-time for the employer who sponsors his GC (at I485 stage with EAD), is it legal for him to work part-time job for another employer under H1-b?

Put it in other words, he would be in both AOS and H1.

PLEASE COMMENT.
 
Robert8 said:
I have a friend who is desperate to make more money to support his family. He is working full-time for the employer who sponsors his GC (at I485 stage with EAD), is it legal for him to work part-time job for another employer under H1-b?
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As he is already on EAD with his primary employer, he can use the same EAD for another part-time job. He does not need to obtain H1 for that job.
 
Robert8 said:
I have a friend who is desperate to make more money to support his family. He is working full-time for the employer who sponsors his GC (at I485 stage with EAD), is it legal for him to work part-time job for another employer under H1-b?

Put it in other words, he would be in both AOS and H1.

PLEASE COMMENT.
Click to expand...

u cannot be in ead and h1 at same time. using ead for the first time
invalidates ur H1.
 
He will not be on H1 anymore if used the EAD. He can get parallal H1 for part time job if the company are ready to do
 
tammy2 said:
He will not be on H1 anymore if used the EAD. He can get parallal H1 for part time job if the company are ready to do
Click to expand...

second H1 means fresh application which means wait until Oct 2005
for new quota. gr8 way to get H1 for part time job :)
 
what about using already existing H1 for current employer and using EAD for the employer who sponsor the GC.

In other words, converting a full-time H1 to part-time H1, what does he need to do as far as CIS is concerned? does he need a new H1?
 
Robert8 said:
what about using already existing H1 for current employer and using EAD for the employer who sponsor the GC.

In other words, converting a full-time H1 to part-time H1, what does he need to do as far as CIS is concerned? does he need a new H1?
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there is nothing like part time H1.


also I've told u already that u cannot be on H1 and EAD both at same time.
 
Robert8 said:
what about using already existing H1 for current employer and using EAD for the employer who sponsor the GC.
Click to expand...

I just don't understand what is the problem. What I understood from your first post that your friend is already working on EAD (basically he does not have valid H1). So what's the issue with getting another part-time job using the same EAD card?
If he is not in H1 status now, why does he need to get H1 for his part-time job?

Robert8 said:
In other words, converting a full-time H1 to part-time H1, what does he need to do as far as CIS is concerned? does he need a new H1?
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You got to explain what you mean by this. :confused: :confused:
 
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fast_gc_seeker said:
there is nothing like part time H1.
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Yes, there is. Actually H1 (I129) does not even care about any full-time/par-time stuffs. So, it can be anything. What matter is LCA where hours/week and salary is specified. It's posssible for a person to get one part-time LCA for his part-time job.
 
pralay said:
Yes, there is. Actually H1 (I129) does not even care about any full-time/par-time stuffs. So, it can be anything. What matter is LCA where hours/week and salary is specified. It's posssible for a person to get one part-time LCA for his part-time job.
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so u mean to say H1 can be for job like 20 hrs/week? do u think such a LCA will fullfill
the minimum H1 salary requirement?[I dont know how much it is now..my guess is 40K].

also remember LCA's may not be approved for many part time jobs. Infact I know
few people having bachelors of engineering[civil,mech etc..] and their H1's were
rejected as their LCA's showed they will be working in IT. Nowaday's USCIS is very strict on education requirement for fresh H1. Also remember second H1[full time or 'part time'] does have to go through the new 65,000/year quota which is already exhausted for 2005[the new one opens up in Oct 2005].
 
fast_gc_seeker said:
so u mean to say H1 can be for job like 20 hrs/week? do u think such a LCA will fullfill
the minimum H1 salary requirement?[I dont know how much it is now..my guess is 40K].
Click to expand...

Yes, the salary is adjusted accordingly. 40K (or whatever) is only for full-time work - assuming 40 hr/week. But if someone works 20 hr/week salary will be adjusted to lower amount from labor dept table (say, 25K).

FYI, some F1 students sometimes obtain part-time H1 from their 2nd years of job (1st one year they can work on F1) when need to go back to school due to unfinished works.

fast_gc_seeker said:
also remember LCA's may not be approved for many part time jobs. Infact I know
few people having bachelors of engineering[civil,mech etc..] and their H1's were
rejected as their LCA's showed they will be working in IT. Nowaday's USCIS is very strict on education requirement for fresh H1.
Click to expand...

LCA is approved from labor dept, not USCIS. Getting LCA approval from an unrelated qualification was difficult then and it's difficult now (unless they have some prior experience in related field). I don't think things have changed. Yes, LCA for part-time job as "only job" is difficult to get because that raises concern if the beneficiary (foreign worker) will be able to support him/her with that job. But on the other hand, it's easy to get if soneone is already in USA and have a full-time LCA already (and currently working on that job full-time).
 
pralay said:
Yes, the salary is adjusted accordingly. 40K (or whatever) is only for full-time work - assuming 40 hr/week. But if someone works 20 hr/week salary will be adjusted to lower amount from labor dept table (say, 25K).
Click to expand...

I don't think H1 will be approved for 25K!

There is min salary requirement for H1 and I dont think if somebody
works for only 20 hrs/week he/she would be paid that min H1 salary.
 
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In fact, my friend is current full time employee for his current employer under H1.

YET another employer has sponsored his GC (currently at I485 stage), he would join this employer (GC sponsor) as a full-time worker soon.

However, my friend still want to complete his project with the his current boss at part-time basis.

Therefore, in this case, he would be converting from full-time to part-time.

According to Jim Mill's answeer, he seems to need to do someting for CIS requirement. (Show EAD to his current employer, filing amendment to CIS).

Thank you all for great response
 
pralay said:
FYI, someone answered is a lawyer.

http://www.immigrationportal.com/showthread.php?t=19989

Min salary req is for fulltime. For parttime it is adjusted accordinly.

And also,
http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_655/20CFR655.731.htm
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does this mean if somebody is working fulltime and getting paid according to his/her LCA changes to part time at same employer, the employer can change the LC
to reflect his/her reduced salary?

The poster here wants to have a new H1 for part time job which means a new LCA
and that low salary $ amt on this new LCA. I think Jim Mills was saying that existing
LCA should be adjusted to reflect his low salary. This poster wants new fresh h1
which again has to go through new LC/new H1 quota and all that crap which
will consume lot of time and will not help the poster immediately.

check my answer to his original question below:

Robert8 said:
is it legal for him to work part-time job for another employer under H1-b
Click to expand...

I would NOT advise u to go for another new H1 as its time consuming.
If ur friend is in need of some extra bucks then check if he/she is
eligible to use AC-21. If yes he/she can look out for high paying
job and start working on EAD instead.
 
fast_gc_seeker said:
does this mean if somebody is working fulltime and getting paid according to his/her LCA changes to part time at same employer, the employer can change the LC
to reflect his/her reduced salary?
.
Click to expand...

No, they need complete H1 amendment. That means LCA amendment + H1 amendment.
 
Robert8 said:
In fact, my friend is current full time employee for his current employer under H1.

YET another employer has sponsored his GC (currently at I485 stage), he would join this employer (GC sponsor) as a full-time worker soon.

However, my friend still want to complete his project with the his current boss at part-time basis.

Therefore, in this case, he would be converting from full-time to part-time.

According to Jim Mill's answeer, he seems to need to do someting for CIS requirement. (Show EAD to his current employer, filing amendment to CIS).

Thank you all for great response
Click to expand...


If your friend does not mind loosing H1 status, he can join his GC sponsorer company with his EAD and at the same time can work parttime with his current company (again with EAD).
Staying in H1 has some advantage. But if EAD can provide convenience, opportunity and more money, why not use it (therefore, loose H1 status).
 
Two Different Jobs on EAD and H1-B

Hi All:

I am on H1-B with a Company A (working full-time)
also I have EAD from (my wife's job Green Card process, a different Company B).

Can I work for a third company C parttime on EAD directly?, based on the fact that I have EAD and also I want to maintain my current H1-B. I want to maintain my H1B also just in case her GC does not get approved.

Please advice.

Concurrent EB3 April 2004
EAD July 2004

Zela Singh
 
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