EAD for a part-time job?

[sunwun]

Hi,

I am on H-1B visa working full-time for an employer. Earlier, this month, I was about to file for an H-1B visa for a part-time job. Then, suddenly, EB-3 dates became current and I am getting ready to file my I-485/765/131 with my full-time employer. My I-140 is already approved. Could someone please let me know, whether I need another EAD card for a part-time job i.e. are they employer specific.
a) If I don't need a 2nd EAD card, then what do I have to do to satisfy the legal requirements to stay in status and still do a part-time job?

b) Can I only start my 2nd job after the EAD is approved?

c) Also, my full-time employer treats 32+ hrs/wk as a full-time employment. I am 40 hrs/wk right now. Once my EAD is approved, can I cut down my hours with my full-time employer to 32+ and increase my part-time employer's hours without jeopardising my status or my I-485 application?
thanks.

 

[jk0274]

You should be aware that if you use an EAD while you are on H-1B status, you will lose your H-1B status. This is true even if you are working full time in H-1B but begin to use your EAD for another part-time job.

Your options are to either stay with one job under H-1B, or convert completely to EAD for two jobs, or to continue to try to get H-1B for your part-time job if you are eligible to do so and are not subject to the H-1B cap.

For part c of your question above - you must meet the USCIS requirement for "full time" under H-1B, whatever that is.