EAD to H1 back

H

hopeofgc

Registered Users (C)
Hi Gurus,
I need your inputs here.
My friend was working for company 'X' on H1 B and valid until Jan 2007. Also, has valid EAD based on pending I-485 (based on his spouse's primary applicant I-485). So, he switched to company 'Y' just six month back because of better pay on EAD and recently done with his project. And now he is switching back to company 'X' on the existing H1b which is valid until Jan 2007 (he doesn't want to let his company 'X' know about his EAD). Also, his company 'X' planning to apply for H1B extn. for him.

I would like to know is this all possible? Like going back to company 'X' on same H1B and H1B extn.? I thought the switching to EAD from H1B, would void the H1 B?
 
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hopeofgc said:
I would like to know is this all possible? Like going back to company 'X' on same H1B and H1B extn.? I thought the switching to EAD from H1B, would void the H1 B?
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That is probably correct. He may run into trouble when applying for the H1B extension or his next EAD or when re-entering the US. But he may also be lucky and the USCIS doesn't find out what happened... after all, they still approved a visa for Mohammed Atta six months after 9/11.
 
Jackolantern said:
That is probably correct. He may run into trouble when applying for the H1B extension or his next EAD or when re-entering the US. But he may also be lucky and the USCIS doesn't find out what happened... after all, they still approved a visa for Mohammed Atta six months after 9/11.
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And he claim that he will be on the payroll for Oct, Nov and Dec on company 'X'.....then apply for the H1B extn. at either end of Dec 06 or Jan. 07 using the last 3 months paystubs.
 
hopeofgc said:
I would like to know is this all possible? Like going back to company 'X' on same H1B and H1B extn.? I thought the switching to EAD from H1B, would void the H1 B?
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Using EAD killed H1B "status", however, H1B petition itself should be still valid.
Therefore, he can NOT start working for X on H1B unless he entered the US with H1 stamp.
 
GotPR? said:
Using EAD killed H1B "status", however, H1B petition itself should be still valid.
Therefore, he can NOT start working for X on H1B unless he entered the US with H1 stamp.
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How would USCIS know about this? Since you are saying his H1 petition is valid, so he will starting on company X on H1B without re-entering to US and also there is no way USCIS would know that he was previously worked on EAD.
 
If they find out that he ever worked for company Y, USCIS would know that it either was on EAD or on nothing, because Y doesn't have an H1B for him. He'll probably get away with it in the near future, but when the time comes to actually approve the green card they will do more scrutiny and may discover the violation.
 
Jackolantern said:
If they find out that he ever worked for company Y, USCIS would know that it either was on EAD or on nothing, because Y doesn't have an H1B for him. He'll probably get away with it in the near future, but when the time comes to actually approve the green card they will do more scrutiny and may discover the violation.
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I guess USCIS may not know at this time......
 
At this moment , CIS may not know, however, they can find it if they are serious.
If he can not do such a simple thing like reentering the US with visa stamp and rather go in legally questionable way, I don't have much to say.
 
GotPR? said:
At this moment , CIS may not know, however, they can find it if they are serious.
If he can not do such a simple thing like reentering the US with visa stamp and rather go in legally questionable way, I don't have much to say.
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Or just keep using the EAD rather than all that nonsense. It also seems stupid to go back to the same company that was underpaying.
 
Jackolantern said:
Or just keep using the EAD rather than all that nonsense. It also seems stupid to go back to the same company that was underpaying.
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There is a catch. He doesn't want his company to know about his EAD. And other thing is the company 'X' promised him to pay more than company 'Y'.
 
hopeofgc said:
There is a catch. He doesn't want his company to know about his EAD.
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Why ? I don't see any disadvantage to let company know he uses EAD except for promised prevailing wage.

Regarding whether CIS know or not, nowaday H1 employer has obligation to report to CIS when H1 employee quits or gets dismissed. A lot of company does not follow this, but if his employer X did it, CIS can easily see discrepancy in his employment.
 
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