EAD and temp job

L

LiveAndLetLive

Registered Users (C)
I have recently applied (last week of Dec 2002) for AD along with I140 and 485 in the Vermont center. Here are some questions

  1. When can I expect my EAD?
  2. When I get my EAD, can I do a part-time job?
  3. If I do a part-time job, can I continue to do my full-time job on my current H1 (it is valid till Dec 2004)?
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    Thanks in advance...



    :)
 
EAD Questions

1. i don't know the answer to this one. hopefully i think anywhere from 14 to 90 days.

2. Yes, you can do as many part time jobs as you want. below is text from the FAQ section of this site:

Who can I work for after I receive my EAD?
Persons who receive an EAD as part of an adjustment of status application may work for anyone. The grant of employment authorization is essentially unlimited. There are no restrictions on whom you may work for or how many hours you may work.

3. Yes, you will be working at your sponsoring company using your H-1 unless your employer files another form to use your EAD as authorization. In most cases, I think your sponsoring employer continues to use your H-1 in most cases. EAD simply grants you permission or rather allows any other employers to hire you legally.


this is another pasted text from the FAQ section:

Do I have to continue working for my sponsoring employer?

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.

I hope this helps.
 
Mmmm... I have a slightly different take on this

1. 14-90 days sounds reasonable. You might want to check processing times at the SC you applied for I-765 (c)(9) category - they seem to actually reflect reality in most cases

2 and 3. This is somewhat tricky. H1-B is a non-immigrant visa with dual intent, which means that you are allowed to have immigrant intent and still be eligible for H1-B, so unlike most other non-immigrant visas, it doesn't get voided when you file I-485.
However you can be either H1-B or EAD/AP and not at the same time. This basically means that using EAD for any employer voids your current H1-B status, which which case your I-9 should be updated. Ironically, this also means that you need AP to travel, because H1-B is voided and cannot be used for that either.

You might want to read more about this before making a decision ( http://www.immihelp.com/gc/aos/eadap_h1.html ) or there's an interim INS memo as of 99 - http://www.shusterman.com/hl-99regs.html ( mayber they have released a more recent one, but I don't seem to be able to find it - I think the rules are still the same ) - they discuss advanatges and disadvantages of maintaing H1-B status while I-485 pending.

Hope this helps
 
Thanks a lot for your replies. However, I am more confused now, because both of you are saying exactly the opposite things.

Can anyone confirm either of these statements?

Thanks,
LiveandLetLive
 
Now isn't immigration legislation wonderful? :)
Seriously, there's a ton of EAD/AP vs H1/L articles out there... plus if you read that INS memo it's actually quite clearly discusses different scenarios.
And - as usual - if in doubt, always consult a lawer, it's worth the money.
 
The plain and simple rule: if you use EAD to take any job whether part-time, full-time, first job, second job you loose your H1B status. So you no longer be able to travel on H1B or get any benefits that a H1B holder gets. As soon as you use your EAD to get a second job, let your main employer know that you have lost your H1B status and they rather change your paperwork to EAD.

On the other hand, using AP to travel does not void your H1B status. You can still be H1B and use AP to travel outside USA.

Muntasir
 
I think muntasir may be correct on this issue. i have heard many times that once a person starts to use his/her EAD, the H1-B becomes voided. EAD becomes the main authorization paper for the immigrant to work within the states.

I have EAD which expires today. BUT i never used it for any employment so i am not planning to renew it. i am still using my H1-B for my sponsoring employer. my H1-B does not expire until June. since i am hoping to get my 485 approved sometime before June, i don't want to pay 120 renewal fee.

anyway, to be safe, once you start using your EAD for any side jobs while still working for your sponsoring employer. be sure to keep your EAD in status the whole time. apply for EAD renewal about 90 days prior to the expiration date is suggested.
 
Use of EAD

Once you use EAD, you need AP to travel out and re enter USA. Your H1 B status is voided the moment you use EAD.

EAD and AP gotegether always.

Regarding saving $120 by not renewing EAD : It can be a costly mistake. You may or may not use EAD is a different matter but renewing a (potential) immigrant benefit is not a very wise move.
Especially with the June expiry of your H1, and the unpredictable nature of INS/DHS(rom March 1) it will be better to apply for renewal now.

Balajee
 
well, i never planned on using EAD for anything. i plan to ONLY work for my sponor until i recieve my green card. also i have zero plans in leaving the country at all.

perhaps you are right though. i am going to discuess the matter with my lawyer. although my H1 expires in June, it is only my first 3 years of using the H1. i still can extend it for another 3 years.

damn, not knowing when INS is ever going to finish implementing the system, i guess i should give EAD renewal more thought. thanks.
 
Dardenkoa,

Having a EAD and AP does not mean that you have to use them. With a valid H1 and continue working for same employer only (and no second job ), it is not mandatory to have the EAD/AP for employment/travel. However there are delays in EAD approval. It is a cost to apply for these documents however they like "insurance" (or second string to bow). You have to get the H1 renewed June in this transition period from INS to homeland. I would spend the money and apply for both, again everyone has different perspective, basically your call.
 
EAD and it use are totally an individual decison. But applying for and possessing and EAD is like an insurance. your sponsoring employer is strong , as it seems the case since within 3 years of H1 B you are well into the GC process.

But there is a case in point: if you maintain your H1 b status , then in the unliikely event of some problems in 485 process (touch wood) also your status is good for the appeal process. But with good employer and basic strength, you shuldn't have problems.

Have the EAD renewed and keep it in a safe place. use your H1 b for job and travel.

all the best.
 
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