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Full Time on H1 and Part Time on EAD...
- Thread starter Vsach
- Start date
There were several discussions on this topic on this discussion board in the recent past.
Some said that use of EAD anywhere for gainful employment automatically invalidates the H status. Even if they continue to work full time for the H sponsoring employer.
Others contend that H status remains intact as long as they work for the sponsoring employer irrespective of if they use the EAD to setup a business or take a second job.
There is a pending question to the CIS Ombudsman. Hopefully they will publish an official answer soon and end the speculation.
http://www.dhs.gov/xabout/structure/gc_1192724755499.shtm
Some said that use of EAD anywhere for gainful employment automatically invalidates the H status. Even if they continue to work full time for the H sponsoring employer.
Others contend that H status remains intact as long as they work for the sponsoring employer irrespective of if they use the EAD to setup a business or take a second job.
There is a pending question to the CIS Ombudsman. Hopefully they will publish an official answer soon and end the speculation.
http://www.dhs.gov/xabout/structure/gc_1192724755499.shtm
Cronin memo from March 2000 says that you should not use EAD/AP if you want to continue on H status:
http://www.shusterman.com/cronin51600.html
That memo is more than 7 years old. I do not know if there has been any decisions since then that supercede the Cronin memo.
http://www.shusterman.com/cronin51600.html
That memo is more than 7 years old. I do not know if there has been any decisions since then that supercede the Cronin memo.
The H1 ties you to a single employer. The EAD allows you to work for another, e.g., one or more different employers, on either a full- or parttime basis. If you set up your own company and do any work for it, the company becomes another employer. The implication here is that using the EAD to work for anyone other than the employer sponsoring your H1 will invalidate your H1 status by the nature of the definition of the H1.
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