EAD use

[m_img]

Hi,

Here is the scenario:

- have EB-1 approved and filed for I-485 year and half ago. Also have advance parole.
- Lawyer advised to keep H1-B. Currently doing fellowship on H1-B.
- Did some moonlighting at different places. They did not ask for EAD. Would this cause problem?
- If I don't get the green card by end of the fellowship, should I use EAD or ask for H1-B? Lawyer's advise for fellowship was to keep H1-B as back-up.

Thanks,

 

[hadron]

By working outside of your H1b, you already 'used' your 'authorization to accept employment'. So at this point, you are in 'adjustee' status and not in H1b anymore.

You will be able to start a job after fellowship with the EAD. If your I140 is already approved, the I485 getting approved is pretty much assured. I assume that your attorney advised you for the H1b for fellowship bc being a fellow might not count as employment in your area of exceptional ability. If your first job is your are a of EA, you don't really have to worry about that aspect anymore.

 

[m_img]

By working outside of your H1b, you already 'used' your 'authorization to accept employment'. So at this point, you are in 'adjustee' status and not in H1b anymore.

Thanks,

I think, technically you're correct. But CIS probably will not notice if I still have H1-B current??

You will be able to start a job after fellowship with the EAD. If your I140 is already approved, the I485 getting approved is pretty much assured. I assume that your attorney advised you for the H1b for fellowship bc being a fellow might not count as employment in your area of exceptional ability. If your first job is your are a of EA, you don't really have to worry about that aspect anymore.

I got EB-1 approved during my residency. EB-1 is based on research I did. So, the job will not be in the area EB-1 was approved. Lawyer's argument is that if for some reason I485 is denied, I'll go out of status. Now, since I have used EAD, does it matter if I maintain H1-B?

Does this also means, that one should not use EAD if the job is different than what EB is approved for? Do you have to be working in similar area/job for six months after I485 is approved?

Thanks,

 

[hadron]

Thanks,

I think, technically you're correct. But CIS probably will not notice if I still have H1-B current??

The only time this could become an issue is if they ever look at your tax returns. The US (different from most civilized countries I know of) has no system that reports the identity of a new hire to an authority that keeps track of peoples permission to work. So no, they won't know that you worked on the side until they start looking for it. But since you have an EAD, there is no 'problem' with you having an H1b at the same time.

I got EB-1 approved during my residency. EB-1 is based on research I did. So, the job will not be in the area EB-1 was approved. Lawyer's argument is that if for some reason I485 is denied, I'll go out of status. Now, since I have used EAD, does it matter if I maintain H1-B?

Well, you haven't maintained H1b at this point. If your I485 got denied today, you would be out of status. (they rarely ever deny without warning. usually you get either a RFE or a 'intent to deny' notice, both of which will give you enough time for a brief trip to canada to reenter on your H1b).

Does this also means, that one should not use EAD if the job is different than what EB is approved for? Do you have to be working in similar area/job for six months after I485 is approved?

The EA petition doesn't tie you to a specific job and there are no hard and fast criteria regarding the types of jobs that are within the field you got your EA petition for. The only time I can see a problem would be if you got your EA petition as 'dance instructor for classic hindhu temple music' and later USCIS finds you managing your uncles 7-11