Can I use EAD for second part-time job ?

S

songlan

Registered Users (C)
I recently got my EAD. My current status is I-485 pending, PD is current, EAD is approved. Also my H1B is being applied for more extensions beyond 6th.

Question: Can I use EAD for second, part-time job ??

SongLan
 
songlan said:
I recently got my EAD. My current status is I-485 pending, PD is current, EAD is approved. Also my H1B is being applied for more extensions beyond 6th. Can I use EAD for second, part-time job ??
Click to expand...

Sure, but it'll void your H-1.
 
songlan said:
So I can't work for both my current H1B and 2nd job at same time ?
Click to expand...
Songlan,

You can not use your H1 and EAD in combination at the same time. You can just use one or the other.

In short, NO, you can not work on H1 for one job and on EAD for a second part time job. Either you just stay on H1 and work on your FT job or move to EAD on both your FT and second PT job.

hope this helps.
 
Thanks for reply.

I'm Network admin on my current H1B job and plan to find additional network admin part-time job. I found below from FAQ on this website. Somehow it says differently.

Q4 Do I have to continue working for my sponsoring employer?
A4 If you are an employment based AOS applicant, you must continue working for your sponsoring employer to retain your eligibility.If you take a leave of absence, the burden will be on you to prove that you will return to permanent employment with your sponsoring employer. If you wish, you may also accept additional employment with other companies, or even open your own small business. This additional employment must be supplemental to the employment used to qualify you for adjustment of status, however. Family based immigrants and dependents of employment based applicants may work for anyone.



minn_labor said:
Songlan,

You can not use your H1 and EAD in combination at the same time. You can just use one or the other.

In short, NO, you can not work on H1 for one job and on EAD for a second part time job. Either you just stay on H1 and work on your FT job or move to EAD on both your FT and second PT job.

hope this helps.
Click to expand...
 
songlan said:
Thanks for reply.

I'm Network admin on my current H1B job and plan to find additional network admin part-time job. I found below from FAQ on this website. Somehow it says differently.

Q4 Do I have to continue working for my sponsoring employer?
A4 If you are an employment based AOS applicant, you must continue working for your sponsoring employer to retain your eligibility.If you take a leave of absence, the burden will be on you to prove that you will return to permanent employment with your sponsoring employer. If you wish, you may also accept additional employment with other companies, or even open your own small business. This additional employment must be supplemental to the employment used to qualify you for adjustment of status, however. Family based immigrants and dependents of employment based applicants may work for anyone.
Click to expand...

Then you should just use your best judgement. we can only advice you.
goodluck.
 
songlan

You are confusing two things here. You need to consider 1) your pending green card application, and 2) your current non-immigrant status. The two are totally separate. Your H1B relates to 2) and only allows you to work for one particular employer. It is 1) that allows you to get AP and EAD and allows you to remain in the country until your green card application is adjudicated. EAD allows you to work in any job or jobs. However, taking an additional job or leaving your original job will automatically invalidate your H1B so you will no-longer have a non-immigrant status. Also, whilst using EAD allows you to leave your current job, if this is the same job that forms the basis of your green card application then you will need to rely on the provisions of AC21 to ensure that your application remains valid.
 
You must log in or register to reply here.
Top