Clarification: H1B status violation v/s invalidity on using EAD

[WellWisher007]

I came across the following in one of the forums:
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Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
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I am a little bit concerned with the wording used in the above para, specifically - "However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer."
What does this sentence mean? One cannot violate his/her H1 status if he/she wants to join another company using EAD or transfer to another position within the same company in a different state using EAD? Should it read as - "However, an H-1 or L-1 non-immigrant status will become invalid if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer."

Any thoughts?

Thanks in advance!

 

[TheRealCanadian]

What does this sentence mean?

A good rule of thumb is that if you couldn't do it prior to getting the EAD, you'll lose your H-1/L-1 status.

 

[WellWisher007]

Sorry, realcanadian; I am still confused

Thanks Realcanadian for your response; but I am still confused; your statement has confused me more, I should say

Can you clarify? - my understanding is that I can join a new company or get a transfer to another state within my sponsoring company without having to transfer H1B. I can use EAD to do it.

Isn't what i said above true?

Thanks in advance!

A good rule of thumb is that if you couldn't do it prior to getting the EAD, you'll lose your H-1/L-1 status.

 

[baby_mde]

Yes. I think so. The bottom line is if you use EAD you are no longer on H1B. It happend to me and I have to use advance parole for travel purpose.

 

[WellWisher007]

To my understanding there is one risk involved for doing a job transfer without an H1B transfer and that is - you will immediately go out of status if in any case, your I-485 gets denied - Correct?

Do you know how much time one has in order to appeal I-485 denial or change to a non-immigrant status if that happens? OR does an I-485 denial means you have to stop working and leave country immediately?

Yes. I think so. The bottom line is if you use EAD you are no longer on H1B. It happend to me and I have to use advance parole for travel purpose.

 

[gc_chahiye123]

Yes. I think so. The bottom line is if you use EAD you are no longer on H1B. It happend to me and I have to use advance parole for travel purpose.

I asked my lawyer and he said teh two can co-exist (H1 and EAD). Just as you can work for two employers on 2 differnent H1s, you can work forone on H1 and the other on another H1. You only need to make sure you satisfy all requirements for the first H1 (#hours worked, salary in LCA, location etc).

Having said that, many other lawyers do take the stance you say: use of EAD immediately invalidates H1

 

[TheRealCanadian]

I asked my lawyer and he said teh two can co-exist (H1 and EAD). Just as you can work for two employers on 2 differnent H1s, you can work forone on H1 and the other on another H1.

Your attorney is confused. Working for multiple employers based on multiple H-1 petitions is just fine since you're in the same status all the time, and it's allowed provided that all employment is covered by an H-1 petition.

However, just like you cannot work for employer A on an H-1 and employer B on an L-1 or TN, you cannot mix/match H1 and EAD.

 

[StonedAnt]

Actually, my attorney mentioned the same thing that use of EAD for a part time second job will not invalidate my H1 status. I had mentioned this in a different thread, and received a lot of contradicting comments, so at this stage not sure myself.

The funny thing is the law firm that my company is using is I think one of the most prestigious firms that I have seen even celebrities use (not for immigration of course... ).


Thanks,

Stoned!