Expiring EAD and Continued Job using H1.

S

sipak

Registered Users (C)
What if one is also on H1 with EAD being expired.
I did used EAD for some extra hours as free lance developer last year and also having valid H1 based permanent employment.

What I should do for 10 days I may be without EAD?

Based on my H1 status, can I continue my permanent job?

My permananet employment is still using H1 not EAD. What should I do?
 
Just read this at murthy.com

http://www.murthy.com/chat0106.html

Chat User : Can I work a second, part-time job that is not related to my field with an EAD? I am on H-1 and I-485 has been applied for with my full-time employer.

Attorney Murthy : It is possible to work for any other employer on an EAD even if not connected with the education. A possible catch in such a case is that if one travels abroad and reenters the U.S. one has to reenter on the AP and may no longer enter on the H1B even if one continues to work full time for the H1B sponsoring employer.
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Does this mean that mean that my H1 Employment Status is still valid, even though I used EAD for second job? BTW, I travled and re-entered using AP. And my I-9 form says that I'm working as an H1B employee.

Any comments?
 
You cannot be both use EAD and H1 for employment authorization. If you have used EAD for part time employment, you should not use H1 anywhere- even if it is permanent employment. So you committed immigration fraud. You can easily correct this by filing a predated I-9 with EAD.

However, to answer your problem, yes you can get back on H1 after being on EAD. All you need is a continuous H1 (from previous H1) and a new I9.
Remember I9 is filed with the employer and does not get beyond the employer...
 
jaxen, what do you mean by "continuous H-1" ?

My wife also is kinda in the same situation. Her EAD expires this Friday and we haven't gotten the renewals approved yet. She did file an I-9 with her employer to change status from H-1 to EAD last year. She also worked part-time on another job using the EAD. She also entered the country using AP recently.

Is it now possible for her to switch back on to the earlier (still valid) H-1 without filing extensions/amendments with BCIS ?
 
No breaks in H1. However I will qualify that a little more. If the employer is the same or if a H1 extension/transfer was pending an EAD holder can go back to H1.
 
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