For the gurus!!!

K

kewlmarc

Registered Users (C)
Hello friends,
I regularly browse this forum and have found answers to lots of my queries.
I've few questions regarding Use of EAD for part time job and maintaining H-1 status by working fulltime with the employee.
Now I have read a lot of articles on the above but didnt find any conclusive answer to the Use of EAD and maintaining H-1 status.

Q1) If I work on a fulltime basis for my H-1B sponsoring employer ,Can I use my EAD to work on 1099 as part time and not invalidate H-1B.(assuming I do not go out of the country and nobody complains to BCIS about my work).Only way BCIS will know that I'm using my EAD is if they raise a RFE for my 2003 tax returns.Am I right in my line of thinking?
I'm asking this question because I came out of a project and have taken a voluntary leave from my H-1 company and am getting an offer to work on 1099.
Q2) If I incorporate myself and start working on EAD on Corp-to-corp ,I understand in case of an RFE for proving similar job capabilities ,I would fail because when I incorporate myself my duties change to management and am no longer in a similar job of a Developer/Analyst for which my LC was approved.
Is there a way to get around this RFE in case it arises?

Any efforts to answer this question would be highly appreciated.
You can send private emails to me if somebody doesnt feel comfortable in expressing his/her opinions in this forum but have experienced similar situations and got out of it.
I would appreciate ur responses and hoping the answers would be beneficial to a lot of our friends.
Thanks
My email : kewlmarc@yahoo.com
 
Hi kewlmarc,
My 2 Cents here!!

1)When you will start working with EAD, you need to fill out a form (I think It's I-9 ? ) which goes to BCIS and the H1B gets invalidated once you use your EAD.

2)Try to keep H1B valid, even with unpaid leave. Atleast you can show them an future employment letter , in case you get RFE.... You may not even get RFE at all.....

Hope this may help.... Time is bad, my Friend. Somehow we all have to hang in there.....

Regards,

skaus2001

__________________
RD - 12/19/2001
ND - 12/28/2001
FP - 2/13/2002
AD - ?
 
Q1) If you use EAD for the part time job , then your H1B will become invalid , even for your main employer. It does not matter if BCIS knows that you have used your EAD or not. It's the law.
When you have a EAD, forget about your H1B. Don't worry about it unless you are planning to marry now and bring your spouse here.
Q2) No. You can't work for yourself until you get GC.
 
skaus2001

Form I-9 is submitted by you to your company and they keep in their records as a proof that you are authorized to work in US. This form is required, whenever your status is changed, viz., H1 renewal, when you use EAD for work, renewed EAD, GC approval, etc. These records are kept only by your company, and will not be sent to BCIS.

However, the companies are legally required to maintain I-9 forms for all its employees and are supposed to show in case of BCIS audit.

FYI.

Bob
 
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