EAD confusion

M

microdev1

Registered Users (C)
Hi,
I have heard conflicting comments about my confusion.
So I thought of resolving it once and for all.

Here's my confusion -
I got my EAD approved yday (CSC - RD- 03/25/04)

I am planning to work part-time for a second employer.
I will keep my H1B intact and will not leave my present employer who has sponsored my immigration process.

Now can I use EAD to work part-time for a second employer ?
The two conflicting thoughts are -
1)I have heard people saying that as soon as you use ur EAD, u loose H1B status, no matter what the scenario is.
2)Another thought is that till you keep ur H1B intact and work full time for your present employer, you can work part-time on EAD without loosing H1B status.

What is the truth ;-)

Thanks
 
I believe you are able to work part time if you keep you fulltime job - but you may have to wait 180 days from your 485 filing date - I would definitely get legal advice on this.
 
microdev1 said:
Hi,
I have heard conflicting comments about my confusion.
So I thought of resolving it once and for all.

Here's my confusion -
I got my EAD approved yday (CSC - RD- 03/25/04)

I am planning to work part-time for a second employer.
I will keep my H1B intact and will not leave my present employer who has sponsored my immigration process.

Now can I use EAD to work part-time for a second employer ?
The two conflicting thoughts are -
1)I have heard people saying that as soon as you use ur EAD, u loose H1B status, no matter what the scenario is.
2)Another thought is that till you keep ur H1B intact and work full time for your present employer, you can work part-time on EAD without loosing H1B status.

What is the truth ;-)

Thanks
Click to expand...

I believe (1) is correct, if you use EAD, you loose your H1 status, so you cannot work part time on EAD while you are working full time on H1. You can get another part-time H1 though.

All these restrictions does not apply for the secondary applicant, i.e. your wife, she can work for whoever she wants on EAD, full time or part-time.

Why risk it at this stage. Once you have the GC, you can work for whoever you want, if you have waited this long, maybe wait a bit more...

Hope it helps!

joyd
 
1. Once you use EAD, you are in AOS. You are no longer on H1b visa. (Just for information - there are ways to get back to H1B visa.) - doesn't matter part time or full time!

2. See minn_labor's reply.
 
wong561hb said:
I believe you are able to work part time if you keep you fulltime job - but you may have to wait 180 days from your 485 filing date - I would definitely get legal advice on this.
Click to expand...
One can work part time on EAD, but should be on fulltime with sponsor. 180 day rule is applicable if you are changing employers, does not restricts you from working with more than one employer.
 
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