Hi, I have a EAD based on NIW EB2. I am also on H1. Wife on H4. Unable to file 485 for wife secondary to EB2 retrogression. I have not yet completed 3 years on H1(J1 HRR waiver). Can I use my EAD to work part time at a different facility using EAD if my employer agrees. Does that interfere my H1 and subsequently my wife's H4 status. Please suggest. Thank you.
Law Offices of Rajiv S. Khanna, P.C.
EB2 NIW EAD, part time job
- Thread starter eb2phy
- Start date
Don't use the EAD until 3 year 1 day after starting your waiver.
If USCIS catches on to you using the EAD, they may cancel your waiver and you have to do it over again (absolutely retarded, but heck, show me ONE USCIS regulation that makes sense).
If you want to moonlight you have two options:
- bill your moonlighting services through your main employer and negotiate some sort of deal to have it looped through to your salary (downside, more taxes, FICA, inability to write off certain travel and work expenses as an independent contractor)
- get a second H1b (downside, might be subjected to cap if for profit, additional expense)
In either case, you have to make sure that neither of them interferes with your 'full-time' employment at your waiver site (40 hours in some states, 34-36 hours in others).
If USCIS catches on to you using the EAD, they may cancel your waiver and you have to do it over again (absolutely retarded, but heck, show me ONE USCIS regulation that makes sense).
If you want to moonlight you have two options:
- bill your moonlighting services through your main employer and negotiate some sort of deal to have it looped through to your salary (downside, more taxes, FICA, inability to write off certain travel and work expenses as an independent contractor)
- get a second H1b (downside, might be subjected to cap if for profit, additional expense)
In either case, you have to make sure that neither of them interferes with your 'full-time' employment at your waiver site (40 hours in some states, 34-36 hours in others).
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Hadron,you may remember I was also in a similar situation wanting to moonlight on an EAD but I am soooo glad you and others on this forum set me straight!!.
I was wondering, if filling for a "second H1" to moonlight with an employer in an "undersevred area " is that H1 also exempt them from the cap,or does that exemption only apply to the first H1/Job associated with the waiver
p.s I know you are not a lawyer,but judging form the advice some people on this forum appear to o be receiving from their high priced lawyers,may be you should seriously consider gping to Law school
I was wondering, if filling for a "second H1" to moonlight with an employer in an "undersevred area " is that H1 also exempt them from the cap,or does that exemption only apply to the first H1/Job associated with the waiver
p.s I know you are not a lawyer,but judging form the advice some people on this forum appear to o be receiving from their high priced lawyers,may be you should seriously consider gping to Law school
Interesting question, an I don't have the slightest idea about the answer (this is where being an attorney would be helpful, I could actually understand half the stuff USCIS puts in print).
----start of speculation----
If it is a HPSA/MUA location in the same state, one way to go about it would be to go back to the state health department and to have this practice location added to the letter for the waiver (similar to an amendment if a practice opens a branch location). I don't know whether you would have to go back through the DOS and USCIS steps of the process, but if a second practice location would be considered part of your waiver you might be able to get the second H1b exempt.
----end of speculation----
Funny you should ask. A couple of months ago, I leafed through some of the preparatory books for the LSAT. I have made it through state medical exams, 4 steps of USMLEs, written + oral board exams, subspecialty boards. I think I am fairly good at taking tests, so getting into law-school shouldn't be so hard (but then reason prevailed and I decided that the mortgage has to be paid somehow and that at this point my wife deserves someone who brings home some money)
Cumulatively, over the past 10 years or so, I have spent an amount equal to 3 years of law-school tuition on legal services for various business, private and immigration matters. Had I known it back then, I would have been better off investing the money into tuition....
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