- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
EAD question
- Thread starter biggy
- Start date
sunnyday20us
Registered Users (C)
yes and for the second question NO
biggy:
Having EAD does not invalidate your H1, if you work on EAD you no more maintain your H1 and you are not on H1 the day you use EAD and fill up I-9 form with employer. Having EAD while your I-485 is pending helps one if any layoff to join new job immediately (if you can find). The best option is to maintain H1 status because
If unfortunately the I-485 is denied you still can live and work in US if you are maintaining H1 status. Many maintain H1 so that they can bring the spouse on H4 even if the I-485 is filed for primary applicant, but if H1b holder use EAD, H1 status goes. if your spouse who was on H4 and filed I-485 and gets EAD and uses EAD your H1 status is not effected, only her/his status changes from H4 to AOS pending.
Having EAD does not invalidate your H1, if you work on EAD you no more maintain your H1 and you are not on H1 the day you use EAD and fill up I-9 form with employer. Having EAD while your I-485 is pending helps one if any layoff to join new job immediately (if you can find). The best option is to maintain H1 status because
If unfortunately the I-485 is denied you still can live and work in US if you are maintaining H1 status. Many maintain H1 so that they can bring the spouse on H4 even if the I-485 is filed for primary applicant, but if H1b holder use EAD, H1 status goes. if your spouse who was on H4 and filed I-485 and gets EAD and uses EAD your H1 status is not effected, only her/his status changes from H4 to AOS pending.
biggy,
If I understand you correctly, you want to work for two employers, your present one on H1B and the prospective employer on EAD. H1B is valid only for the employer who files it.
Like ginnu said, as soon as you fill in I-9 form, your H1B status becomes invalid. So, I guess you will have to fill in I-9 at your present employer too.
If I understand you correctly, you want to work for two employers, your present one on H1B and the prospective employer on EAD. H1B is valid only for the employer who files it.
Like ginnu said, as soon as you fill in I-9 form, your H1B status becomes invalid. So, I guess you will have to fill in I-9 at your present employer too.
If I understand you correctly, you want to work for two employers, your present one on H1B and the prospective employer on EAD. H1B is valid only for the employer who files it.
--- NO, even if you use EAD for other part time job with different employer you are not on H1 status, Once EAD is used you are not on H1 status.
--- NO, even if you use EAD for other part time job with different employer you are not on H1 status, Once EAD is used you are not on H1 status.
Thx. I've found the information and according to Murthy, the dependent could work on EAD without affecting the primary applicant's H1 status.
However, on immihelp, it says that it does, mainly that if the dependent uses the EAD to work, then the primary looses his/her non-immigrant status as well.
I've been trying to locate an indication of that in INA, but it takes forever to read this cumbersome text.
Anybody has any idea where I could find the law?
Thx again
However, on immihelp, it says that it does, mainly that if the dependent uses the EAD to work, then the primary looses his/her non-immigrant status as well.
I've been trying to locate an indication of that in INA, but it takes forever to read this cumbersome text.
Anybody has any idea where I could find the law?
Thx again
There is no law about this. This is based on popular intrepretations. Some of the significant facts are like these
1. After 485 the dependent's GC application is on its own track (except for the fact that approval is tied to the continuance of the relationship with the primary applicant)
2. When I485 is pending, the primary applicant can use both H or EAD for work authorization. Yes, you can switch back and forth -provided both are valid all the time. H1 or EAD provide employment authorization only. The status comes from the pending 485 . Of course in a the old INS FAQ on AP clearly stated that if your H visas are valid, then you dont need AP. I am unable to find the link now.
3. When the dependent uses EAD, the H4 is superceded (not invalidated). This means that, the dependent can work on EAD for sometime and then go back to H4 after some time- provided it is done properly (go out of US, use H4 stamp to come into US, new I94).
4. Dependent's status is determined by the I485 pending and/or primary's status.
5. Primary applicant's status is not governed by what dependent's status or employment authorization is..
Once again scour the various texts on the BCIS site on this matter. Apparently AP is becoming a substitute for passport in many cases, Employment based I485 applicants using AP are very finite minority among all AP users...
1. After 485 the dependent's GC application is on its own track (except for the fact that approval is tied to the continuance of the relationship with the primary applicant)
2. When I485 is pending, the primary applicant can use both H or EAD for work authorization. Yes, you can switch back and forth -provided both are valid all the time. H1 or EAD provide employment authorization only. The status comes from the pending 485 . Of course in a the old INS FAQ on AP clearly stated that if your H visas are valid, then you dont need AP. I am unable to find the link now.
3. When the dependent uses EAD, the H4 is superceded (not invalidated). This means that, the dependent can work on EAD for sometime and then go back to H4 after some time- provided it is done properly (go out of US, use H4 stamp to come into US, new I94).
4. Dependent's status is determined by the I485 pending and/or primary's status.
5. Primary applicant's status is not governed by what dependent's status or employment authorization is..
Once again scour the various texts on the BCIS site on this matter. Apparently AP is becoming a substitute for passport in many cases, Employment based I485 applicants using AP are very finite minority among all AP users...