Can I use EAD and keep H1-B with current employer

gcWudBeHere

Registered Users (C)
Hello everyone:
Sorry if this question has been asked, re-asked and re-re-asked! I searched for a similar post, but in vain. I guess old posts have been purged!

Anyway, would you please answer this question?

- I have an offer from Company B and intend to use EAD to work for this company.
- I am working for Company A on H1-B and intend to continue to work (part time) even after joining Company B.

My question is
- what happens to the H1-B that I hold with Company A AFTER I join Company B using EAD?
- Is it canceled?
- Can H1-B coexist with EAD?

Please let me know.

Thanks in advance.
 
I don't think H-1B and EAD can co-exist. A better option is to use EAD for both the jobs.

I gather so. I wanted to keep my H1-B, however, for obvious reasons - can be used as fallback if 485 problems, etc.

But, what do I need to do to use EAD (and substitute H1-B) with my current employer? Tell my employer to file a new I-9? or something else?

How will USCIS know what my status is, when I use EAD at company B and H1-B at company A?

Thanks for your reply, manwithnoname.
 
I heard from some people (with very good immigration knowledge) that H-1B is still valid with the old company even after switching to new company on EAD.

I think this is something which has changed recently.

Better check with attorney though.
 
But, what do I need to do to use EAD (and substitute H1-B) with my current employer? Tell my employer to file a new I-9? or something else?
File a new I-9 using the EAD. But why would you want to bother to do that, if your H-1B is still valid?

How will USCIS know what my status is, when I use EAD at company B and H1-B at company A?
They probably won't know unless your employer notifies them (some employers use eVerify in which they transmit your details to USCIS), or ICE audits the employer, or USCIS sends an RFE.
 
I heard from some people (with very good immigration knowledge) that H-1B is still valid with the old company even after switching to new company on EAD.
It is only valid in the sense that USCIS probably doesn't know about the move to the new employer, so the H1B remains valid in the database. But there is a memo that clearly states the H1B status is gone if you switch to a new employer without a new H1B for the new employer (I'll try to find the link later).
 
- I have an offer from Company B and intend to use EAD to work for this company.
- I am working for Company A on H1-B and intend to continue to work (part time) even after joining Company B.
You will violate H1B terms by not working full time with your H1 sponsoring employer. Switch to EAD for both.
 
I heard from some people (with very good immigration knowledge) that H-1B is still valid with the old company even after switching to new company on EAD.

I think this is something which has changed recently.

Better check with attorney though.

Well, if your statement that "H1B is valid with current employer" is true, I am super happy.

I am unsure, though, whether my lawyer would know about this and would bother to do any research in case he does not know. His answer would be something that's easy for him - "use EAD".

Thanks, CurrentInJun07.
 
His answer would be something that's easy for him - "use EAD".

It's probably the most reasonable and safest course of action. I'm of the opinion that EAD use will terminate H-1 status, but again, we've never heard anything official that explicitly says so. The Cronin Memorandum hints at it, but is ambiguous on this point.

Here's the risk you run. Let's say you use your EAD to work for a second company, assuming your H-1 is still valid. After a few months, you stop working for the second company. You don't bother renewing the EAD, since you still have time left on the H-1.

Now, assuming the H-1 stays valid, you're fine. But if it doesn't, then all of your work done for the H-1 employer after the EAD would be considered unauthorized employment. If USCIS discovers the EAD use (by requesting W-2s or tax returns) they will then detect the unauthorized employment and if it's over 180 days, the I-485 will be denied.

Personally, I think it's a pretty prudent course of action to assume that EAD use ends H-1 status. After all, it will do the same thing for an H-4.
 
Unlike EAD, H1B has so many conditions of employment. You can not easily switch to part time job from full time job, unless you amend the H1B by filing new h1b petition. Your H1B is approved based on the condition that the job is full time. Therefore you can not just change to partime. Once you move parttime your h1b is invalid. I do not know why guys are so reluctant to use EAD. The simple easy opton is use EAD in both places.
 
Unlike EAD, H1B has so many conditions of employment. You can not easily switch to part time job from full time job, unless you amend the H1B by filing new h1b petition. Your H1B is approved based on the condition that the job is full time. Therefore you can not just change to partime. Once you move parttime your h1b is invalid. I do not know why guys are so reluctant to use EAD. The simple easy opton is use EAD in both places.

Thanks, everybody.

AS you have noted, perm_lc, EAD is a great option to explore. Like many, however, I am little uneasy about the issues with H4, 485 when using EAD.

Well, I have the knowledge to take a well-informed decision.
 
I spoke with an immi lawer just yesterday abt this. His answer is that once you use EAD H1B is invalid.

But my question is if we use EAD to work for 2 employers - 1- primary GC sponsor and 2nd - partime job. Does that give USCIS any reason to deny I485 ? because your green card is filed on the basis that you will work for your primary employer but now you have started working for 2nd employer.

appreciate your inputs.
 
But my question is if we use EAD to work for 2 employers - 1- primary GC sponsor and 2nd - partime job. Does that give USCIS any reason to deny I485 ? because your green card is filed on the basis that you will work for your primary employer but now you have started working for 2nd employer.
With an EAD derived from an I-485 application, you can use it to work in any 2nd job you want, including your own business ... as long as you still maintain the original job or job offer, or an equivalent one that satisfies AC21. This is assuming they'll hire you, because for some jobs (mostly Federal government or police or politics) they will only hire US citizens.
 
With an EAD derived from an I-485 application, you can use it to work in any 2nd job you want, including your own business ... as long as you still maintain the original job or job offer, or an equivalent one that satisfies AC21. And of course, assuming they'll hire you, because some jobs (mostly Federal government) will only hire US citizens.

Thanks Jackolantern!
 
I spoke with an immi lawer just yesterday abt this. His answer is that once you use EAD H1B is invalid.

But my question is if we use EAD to work for 2 employers - 1- primary GC sponsor and 2nd - partime job. Does that give USCIS any reason to deny I485 ? because your green card is filed on the basis that you will work for your primary employer but now you have started working for 2nd employer.

appreciate your inputs.

Thanks for sharing the info, LaborPains.
 
With an EAD derived from an I-485 application, you can use it to work in any 2nd job you want, including your own business ... as long as you still maintain the original job or job offer, or an equivalent one that satisfies AC21. This is assuming they'll hire you, because for some jobs (mostly Federal government or police or politics) they will only hire US citizens.

Thanks, Jackolantern. Your insight helps, always.
 
Followup question on EAD status.

If I take up a second job an am officially on EAD. Is it likely that the ead extension may not be approved in time(even if I apply 4 months in advance) and I would be out of status for a period of time where I cant work for anyone ?

Thanks in advance!
 
Followup question on EAD status.

If I take up a second job an am officially on EAD. Is it likely that the ead extension may not be approved in time(even if I apply 4 months in advance) and I would be out of status for a period of time where I cant work for anyone ?
You wouldn't be out of status if you don't work beyond the expiration of your existing EAD.

After 90 days you have the right to get the EAD expedited. So apply 4 months in advance, then make an Infopass appointment to get it expedited if it isn't ready by the 90-day mark.
 
You wouldn't be out of status if you don't work beyond the expiration of your existing EAD.

After 90 days you have the right to get the EAD expedited. So apply 4 months in advance, then make an Infopass appointment to get it expedited if it isn't ready by the 90-day mark.

Many Thanks!
 
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