Concurrent Use of H1 & EAD

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Imm_Exploited

Registered Users (C)
Concurrent Use of H1 & EAD

This question is for the likes of Jackolantern. Others who have not been in the suggested situation, are requested to refrain from giving their opinions unless they have some solid knowledge on the matter.

Considering that I will not leave USA even after I get my 'Citizenship' let alone after my permanent residency, can I work on EAD for a second employer on a part-time basis (evenings and weekends) if my H1 and GC sponsoring employer does not have any objections? Can I retain both my EAD and my H1 status?

Thanks in advance - IE
 
Thank you TheRealCanadian,

But here is my question, more specifically put:

1. I have an approved EAD valid from July 2007 to June 2008.

2. My 6-year H1 with employer A expires in September 2007 and the USCIS has approved my 3-year H1 renewal till September 2010 based on my approved I-140 and pending I-485 and non-availability of visas.

3. I work for employer B on part-time basis till June 2008 and will not apply for renewal of EAD after June 2008 while continuing to work for employer A on H1 till 2010.

Considering that my I-485 is approved in January 2010, what will be my status between July 2008 and December 2009?
 
Imm_Exploited said:
Considering that my I-485 is approved in January 2010, what will be my status between July 2008 and December 2009?
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Working without authorization, and if USCIS finds out they can deny your I-485. You either need to renew the EAD, or leave the US and re-enter with your H1 after you stop working for B.
 
Have you actually read my post carefully?

TheRealCanadian,

Have you actually read my post carefully?

With all due respect once again, I do not think you read my post carefully and you have not answered my question.

If you read my post carefully, I have clearly laid out the situation and anybody could agree that I have 'work authorization' from USCIS both in the form of H1 and EAD. While I continue to work for employer A with authorization from USCIS on H1 till 2010, I work for employer B on part-time basis only from July 2007 to June 2008 with EAD authorized by USCIS.

And I have clearly stated that the I will neither apply to renew my EAD after June 2008 nor will I work for employer B on part-time basis after June 2008. I will however continue to work for employer A right till September 2010 or till 6 months after the USCIS approves my I-485 or whichever is later.

Please answer my questions if you can, Thanks.

TheRealCanadian said:
Working without authorization, and if USCIS finds out they can deny your I-485. You either need to renew the EAD, or leave the US and re-enter with your H1 after you stop working for B.
Click to expand...
 
Imm_Exploited said:
Have you actually read my post carefully? With all due respect once again, I do not think you read my post carefully and you have not answered my question.
Click to expand...

I've read your post, and answered your question. You just don't like the answer.

If you read my post carefully, I have clearly laid out the situation and anybody could agree that I have 'work authorization' from USCIS both in the form of H1 and EAD.
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I agree with you. You're clearly authorized to work both jobs. The problem is that working for the second job will violate the terms of your H-1 (since you do not have a second H-1 petition for employer B).

I will however continue to work for employer A right till September 2010 or till 6 months after the USCIS approves my I-485 or whichever is later.
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And as I have said before, unless you renew your EAD or re-enter the US with your H, once your EAD expires you will not be authorized to work for employer A. Using your EAD for an employer not covered by an H-1 petition terminates your H-1 status.
 
Imm_Exploited said:
TheRealCanadian,

Have you actually read my post carefully?

With all due respect once again, I do not think you read my post carefully and you have not answered my question.

If you read my post carefully, I have clearly laid out the situation and anybody could agree that I have 'work authorization' from USCIS both in the form of H1 and EAD. While I continue to work for employer A with authorization from USCIS on H1 till 2010, I work for employer B on part-time basis only from July 2007 to June 2008 with EAD authorized by USCIS.

And I have clearly stated that the I will neither apply to renew my EAD after June 2008 nor will I work for employer B on part-time basis after June 2008. I will however continue to work for employer A right till September 2010 or till 6 months after the USCIS approves my I-485 or whichever is later.

Please answer my questions if you can, Thanks.
Click to expand...


Even though you are working for your H1 employer Once you work on the for different company (even if it is part time or second job ) your H1 is gone. Hence to do Job after EAD is expired you need to get fresh H1 or renew EAD.

You will not revert back into H1 automatically. H1 can coexist with AOS only if you are maintaining H1 status intact.
 
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