Expert advice needed on AC21/H1/EAD

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saineedshelp

Registered Users (C)
Currently I am working for a company X who filed my GC. I got my EAD/Ap through company X. My I 485 and I 140 are still pending.
My h1 valid until 2006 for company X . But my visa is valid only until middle 2005.

THe client(Company Y) is offering a full time job.

Can I work for both at the same time, If I ask Y to file a new H1 they might do it. I have not used my EAD yet.

What are the safest ways to work for both or just one X or Y. My clients job is the best job I could ever get. I know my GC process is important aswell.

If not can I work on two different employers at the same time on H1(2 different H1s) or work for both employers on EAD.
At the same time my wife is using her EAD to work she will stop using it if needed

What do I Do now
 
Using AC21 without I-140 approval is not a good idea (my personal opinion)
You can do two jobs.
1.Using valid H1B for company X
2.Using EAD for Company Y.

Your wife can continue working using EAD.

I am not an expert.
 
So you think I can work on h1 for the current employer and use ead for the client. I thought your h1 gets void if you use EAD at the first place.
 
See this discussion from murthy’s chat.

Chat User : Is it possible to work for the sponsoring employer on H1B as well as taking up a second job with another employer?

Attorney Murthy : A person on an H1B is allowed to work for another employer, other than the H1B employer, if the person obtains another H1B to work concurrently on a full-time or part-time basis for the other employer. If the individual has an EAD and an H1B, then s/he may work for any other employer/s on the EAD.


Hope it helps..
 
Which is safe, filing a new h1 with client (Y)
or work on EAD with client (Y).
What will happen to my h1 B if I use my ead for Client (X)
 
Which is safe, filing a new h1 with client (Y)
or work on EAD with client (Y).
The problem with using EAD is: if I-140 denied, then EAD will become invalid.
Choice is yours to use EAD or new H1B for company Y.

What will happen to my h1 B if I use my ead for Client (X)
You should continue work with Company X on H1B (At least until I-140 Approval).
 
In my opinion, once you use EAD, your H1 will be void. Do not try to use EAD if you plan on maintaining your H1, or at-least discuss with a good lawyer before doing so. What was quoted from Murth chat implies that if a person has EAD, s/he can use it to work for another employer. It is silent about what will happen to existing H1. If you do so, you will have to switch to using EAD with your current employer also.

I will suggest that you wait for your 140 to approve and 180 days to pass since you 485 was applied. Then you may use AC21 and switch to your new employer( current client). Otherwise your current employer may revoke 140 and 485 and EAD will be denied.

As far as getting 2 H1-Bs is concerned, you already have a full time H1. The other one you apply will have to be a part time, I do not think you can have 2 full time (40 Hrs per week) H1s at a time. If you go part time with new employer, thay may not offer you the same job and if you go part time with your current employer, you never know if he will like to sponsor you for GC or not.
 
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