Can This Get me in trouble later

I

I140helppls

Registered Users (C)
I am working on H1B for an employer A and planning to change jobs using AC21 to employer B on EAD

I plan to join B on 4/18/05. However A requires a 30 day notice .Instead of giving the notice to A on 3/18 I plan to give the notice on 3/30 .This is to make sure that I get some expenses which are pending back. However that will mean that from 4/18 till 4/30, I will be working for both A and B .Is that OK or can this get me in trouble .I know of some people who did this to make sure that they could go back to the preious employer if something went wrong.
 
re:

just to clarify that from 4/1 i will be on bench with employer A so there is less probability that i will be actually working on a project for A but i need to give 30 day notice
 
I140helppls said:
I am working on H1B for an employer A and planning to change jobs using AC21 to employer B on EAD

I plan to join B on 4/18/05. However A requires a 30 day notice .Instead of giving the notice to A on 3/18 I plan to give the notice on 3/30 .This is to make sure that I get some expenses which are pending back. However that will mean that from 4/18 till 4/30, I will be working for both A and B .Is that OK or can this get me in trouble .I know of some people who did this to make sure that they could go back to the preious employer if something went wrong.
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It does not create any problem since you are going to use EAD. If you want you can do some other second job.
 
I140helppls said:
I am working on H1B for an employer A and planning to change jobs using AC21 to employer B on EAD

I plan to join B on 4/18/05. However A requires a 30 day notice .Instead of giving the notice to A on 3/18 I plan to give the notice on 3/30 .This is to make sure that I get some expenses which are pending back. However that will mean that from 4/18 till 4/30, I will be working for both A and B .Is that OK or can this get me in trouble .I know of some people who did this to make sure that they could go back to the preious employer if something went wrong.
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i dont see any issues as u'll use EAD and can do more than one job @ same time.
 
re:

thx for ur responses. however with company A i am still on H1B and with company B i will be on EAD from April 18th. Does that mean i automatically am on EAD with company A from 18th too. I mean do i need to do some paperwork with them to come on EAD.
 
I140helppls said:
thx for ur responses. however with company A i am still on H1B and with company B i will be on EAD from April 18th. Does that mean i automatically am on EAD with company A from 18th too. I mean do i need to do some paperwork with them to come on EAD.
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even if u use EAD just for one day u r out of H1 status for good.
 
cantstopme said:
does this not depend on filing a new I-9 with the employer ??
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yes, filing a I-9 is like reporting IRS that that this person with this SSN works for us.
I believe IRS does inform USCIS about all SSN and USCIS thus can find if u worked using EAD.
 
I140helppls said:
just to clarify that from 4/1 i will be on bench with employer A so there is less probability that i will be actually working on a project for A but i need to give 30 day notice
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I guess you can work on full time job with only one company at a time. During these two weeks, you would be working on 2 full time jobs at the same time. Also, your H1 status will become invalid the moment you use your EAD. As the other member correctly said, you will fill up new I-9 form with your new employer giving your EAD details. That means, you will be not on H1 Visa status.

Just my thoughts.
 
status

Assuming the new company also files for H1B just as a backup status, would it interfere in any way with the pending 485 ? Will the H1B get approved considering that USCIS knows that there is a pending 485 ? Isnt it beneficial to have a backup status in case, god forbid, the 485 is denied & status issues arise till we try to fight the decision ?

Thanks !
 
I_want_gc_too said:
Assuming the new company also files for H1B just as a backup status, would it interfere in any way with the pending 485 ? Will the H1B get approved considering that USCIS knows that there is a pending 485 ? Isnt it beneficial to have a backup status in case, god forbid, the 485 is denied & status issues arise till we try to fight the decision ?

Thanks !
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I just did exactly what you said. I'm currently on an EAD. My new H1B got approved in 1 day after receipt. I'm awaiting my DO interview and I'll let you know if it comes up as an issue then. I don't see why it would however. I did it for the same reasons as you. I wanted a backup in case the 485 was denied. Besides, if I get it before I can take paid vacation while I validate my visa. If the 485 gets denied, I'm sure they won't pay for the vacation to validate my visa after the denial :)
 
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fast_gc_seeker said:
yes, filing a I-9 is like reporting IRS that that this person with this SSN works for us. I believe IRS does inform USCIS about all SSN and USCIS thus can find if u worked using EAD.
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I-9s are not forwarded to anyone. They are kept by the company in case of an audit. There's no penalty to the worker if they don't update the I-9.
 
I did the same thing

I applied for a H1 xfer as well, I can state the reason that I am not married and maybe planning to get married, so my wife can come here on a H4 -Just to clarify there are no marriage plans ;-)


maybesomeday said:
I just did exactly what you said. I'm currently on an EAD. My new H1B got approved in 1 day after receipt. I'm awaiting my DO interview and I'll let you know if it comes up as an issue then. I don't see why it would however. I did it for the same reasons as you. I wanted a backup in case the 485 was denied. Besides, if I get it before I can take paid vacation while I validate my visa. If the 485 gets denied, I'm sure they won't pay for the vacation to validate my visa after the denial :)
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