Got EAD cards today. I'm a July 2nd '07 filer.

O

Orangecounty

New Member
Hi All,
We got our EAD cards today. I really hope every one is having the same good news

I have some questions below on my EAD. Please help out in clearing my doubts.

1. My wife is planning to work using EAD. If she uses EAD, does it invalidate my H1 status? :confused:

3. If we use Advance Parole, does it invalidate my H1 status ?

4. Is it ok to apply for SSN for my wife now? What are the risks involved if I delay applying SSN for my wife ?

Thanks in Advance.

My PD: EB3,March 2004
Service Center: NSC
I 140: Approved
I 485: Pending
Finger Printing: Completed on 9/26/07
EAD: Approved and we got the cards.
AP: Pending
 
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Congratulations on getting EAD.

1. Yes, using EAD will invalidate H1 status. OTOH, one can use EAD to join a different employer only after 180 days have passed with the current employer.
2. Through research, I feel confident that using AP does NOT invalidate H1. This is unclear still. I will leave it to others to disprove my statement and provide their own theories in support. Until then, you are free to assume my statement is true.


Orangecounty said:
Hi All,
We got our EAD cards today. I really hope every one is having the same good news

I have some questions below on my EAD. Please help out in clearing my doubts.

1. My wife is planning to work using EAD. If she uses EAD, does it invalidate my H1 status? :confused:

3. If we use Advance Paroll, does it invalidate my H1 status ?

Thanks in Advance.

My PD: March 2004
140 Approved
I485 pending
EAD Approved and we got the cards.
AP Pending
Click to expand...
 
I don't think wife using EAD will invalidate your H1B.. If she is in H4, her H4 status gets invaildated. just my thoughts..
 
You r wrong on 1 about using EAD only after 180 days. Check that out!


gcWudBeHere said:
Congratulations on getting EAD.

1. Yes, using EAD will invalidate H1 status. OTOH, one can use EAD to join a different employer only after 180 days have passed with the current employer.
2. Through research, I feel confident that using AP does NOT invalidate H1. This is unclear still. I will leave it to others to disprove my statement and provide their own theories in support. Until then, you are free to assume my statement is true.
Click to expand...
 
thanks for pointing, nyc8300.
And I regret for giving you the wrong info, orangecounty. In fact, I misread the question that the H1 in question was your wife's - your H1 should not be affected as a result of her using EAD.

Please peruse a similar discussion at this link - http://www.trackitt.com/discussion-forums/i485-1/14946955/

Sorry for misguiding..

nyc8300 said:
You r wrong on 1 about using EAD only after 180 days. Check that out!
Click to expand...
 
You think I know anything...:p. I don't know why I am trying to get a 35% tax rate/green card for myself for EVER . Seems like a huge insurance premium.
Let' see....




gcWudBeHere said:
thanks for pointing, nyc8300.
And I regret for giving you the wrong info, orangecounty. In fact, I misread the question that the H1 in question was your wife's - your H1 should not be affected as a result of her using EAD.

Please peruse a similar discussion at this link - http://www.trackitt.com/discussion-forums/i485-1/14946955/

Sorry for misguiding..
Click to expand...
 
EAD and H1

Hello,

Just thought I'd share what I know. I do not know about fulltime employment, but for a second employment part time, I was told by my company attorney that they believe it should not pose any issues to my H1 status, however I should check for any policies with my company to ensure that I am not violating any rules such as conflict of interest. I contacted my HR, and their policies were pretty standard, such as the second job hours should not overlap with theirs, I cannot work for a competitor etc.

Hope this info helps though I'm sure most knew it already.


Stoned!
 
Hi gcWudBeHere,

Regarding your statement that AP would not invalidate H1, do you mean the usage of AP or just the approval of AP?
Also, is there any official statment on USCIS or state department or any other site that backs your statement. I am asking you this because my lawyer says if I use my AP then my future wife would not be able to get H-4 as my H1 would have been invalidated by my AP usage.
Thanks in advance for your response.

Orange76
--------------------------------
PD: Jan 2006 (EB3 rest of world)
LC AD: March 2006
I-140 AD: Aug 2006
FP: Sept 20, 2007
I-485 RD: July 02, 2007 NSC
EAD R: July 02, 2007 . EAD Approved 10/03/2007
AP RD: July 02, 2007
 
1) Using AP, I meant.

2) Your lawyer is part right, part wrong. If you invalidate your H1 (for one of the various reasons), your future wife will not be able to get a H4. That's clear.

Merely using AP, on the other hand, does NOT invalidate H1. Below is such a query that describes the Q&A from Murthy.com
====
Chat User : Good evening. Will my H1B be invalid if I return from India using advance parole?

Attorney Murthy : As mentioned above, the general rule is that, if one is still working for the same employer on H1B status, merely travel abroad and reentry to the U.S. on AP does not prevent such a person from applying through the employer, for the H1B extension/s within the U.S.
====
Scroll to almost to the middle of the page, which is available at the link below, and you will see this post -
http://www.murthy.com/chatlogs/ch082205_P.html

Here is one other link from Murthy.com that brushes your concern -
http://www.murthy.com/news/n_aostrv.html
(I regret I could not find a direct link on USCIS.)

You may want to produce these material facts to your lawyer to make him/her aware of the allowances given by USCIS to applicants.

If I were you, I would try to make my lawyer feel confident that statement is indeed true and let him/her call the shots from then on. After all, your lawyer will file all the papers on behalf of you. Making him/her uneasy is not favorable.


Orange76 said:
Hi gcWudBeHere,

Regarding your statement that AP would not invalidate H1, do you mean the usage of AP or just the approval of AP?
Also, is there any official statment on USCIS or state department or any other site that backs your statement. I am asking you this because my lawyer says if I use my AP then my future wife would not be able to get H-4 as my H1 would have been invalidated by my AP usage.
Thanks in advance for your response.

Orange76
--------------------------------
PD: Jan 2006 (EB3 rest of world)
LC AD: March 2006
I-140 AD: Aug 2006
FP: Sept 20, 2007
I-485 RD: July 02, 2007 NSC
EAD R: July 02, 2007 . EAD Approved 10/03/2007
AP RD: July 02, 2007
Click to expand...
 
StonedAnt said:
Hello,

Just thought I'd share what I know. I do not know about fulltime employment, but for a second employment part time, I was told by my company attorney that they believe it should not pose any issues to my H1 status, however I should check for any policies with my company to ensure that I am not violating any rules such as conflict of interest.
Click to expand...
Was the company attorney an immigration lawyer?

I have been told otherwise. To keep your H-1 status, you should avoid doing things that are disallowed under H-1 status. Working in a side job in the US for somebody other than whoever sponsored your H-1 will invalidate your H-1 status, whether you have an EAD or not. However, it is fine if you also have an H-1 for the side job, as you are allowed to work for 2 H-1 employers at the same time if the work hours allow it.

Now you may know somebody who worked a side job and did not have any problems keeping their H-1. That doesn't mean it is OK to do that; it just means that USCIS didn't know about the side job, so they were able to get away with it.
 
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Jackolantern said:
Was the company attorney an immigration lawyer?
Click to expand...

Yes. It is actually one of the larger and well known law firms that handle many areas of practice one of which is immigration. Due to my company's policy, I was not given the option of bringing in my own attorney, even if I offered to pay for it out of my own pocket.

As a matter of fact, the attorney was the one who encouraged to apply for the EAD, I originally thought I might face opposition from my company for obvious reasons.

I had asked this question specifically from them as I knew there was confusion surrounding it. Hope they didn't lie to me...:eek:


Stoned!
 
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StonedAnt said:
I had asked this question specifically from them as I knew there was confusion surrounding it. Hope they didn't lie to me...:eek:
Click to expand...
Be careful of listening to attorneys who aren't hired personally by you. Their heart isn't into your case, and they aren't accountable to you. Listen blindly to your company's attorney, and you end up in situations like filing in EB3 when you and the job could easily qualify for EB2.

It is written all over the place that using EAD for another employer will invalidate your H-1 status. Yes, there are exceptions such as when the second employer files an H-1 for you, and maybe the lawyer had that in mind. But since they don't work for you they aren't going to take the time to research and explain all those details and exceptions, so you just got a generic answer off the top of their head.
 
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Jackolantern said:
There is no connection between them. You can get FP before, you can get them after.
Click to expand...

Thanks for info, another one for you. After getting approval notice on EAD, did you get more updates such as EAD card ordered or was it just approval notice and EAD card got mailed to you.

Thanks
Mittal
 
maxblacks said:
Thanks for info, another one for you. After getting approval notice on EAD, did you get more updates such as EAD card ordered or was it just approval notice and EAD card got mailed to you.
Click to expand...
I got a card ordered email. But some people just directly get the card. USCIS is not very consistent about anything.
 
Jackolantern said:
Be careful of listening to attorneys who aren't hired personally by you. Their heart isn't into your case, and they aren't accountable to you. Listen blindly to your company's attorney, and you end up in situations like filing in EB3 when you and the job could easily qualify for EB2.
Click to expand...

Hmm, this is very interesting now. Would you happen to have any links besides these forums that show that taking up a second job would affect the H1B status. Not that I do not believe you, it is just that the attorney that has been assigned to me in the last two years has been very upfront and honest about things. She also is the first one to deal with me directly instead through my company HR like the previous ones. When I had asked her this question, she had copied her senior attorneys as well in case she was incorrect, but you make me wonder now.

I do not really have any plans to take up a second job right now, but if an opportunity comes up to gather some extra cash, I wouldn't mind considering it.


Thanks, Stoned!
 
StonedAnt said:
Hmm, this is very interesting now. Would you happen to have any links besides these forums that show that taking up a second job would affect the H1B status. Not that I do not believe you, it is just that the attorney that has been assigned to me in the last two years has been very upfront and honest about things. She also is the first one to deal with me directly instead through my company HR like the previous ones. When I had asked her this question, she had copied her senior attorneys as well in case she was incorrect, but you make me wonder now.
Click to expand...
There are two parts of the question: (1) will it cause a problem for you and (2) is it legal to work a second job with EAD and still maintain H-1 status (assuming the second employer has not filed H-1).

For part (1), it might not cause a problem for you, simply because USCIS doesn't know about it. Even illegal aliens work for years without USCIS finding out about them.
Ask her what USCIS would do if they found out about the second job ... would they consider the H-1 status to still be valid?

This USCIS memo address this issue, but it is unclear about the situation where you work for another employer without leaving the current one.

http://www.shusterman.com/cronin51600.html
The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.
Click to expand...
 
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Orangecounty said:
Hi All,
We got our EAD cards today. I really hope every one is having the same good news

I have some questions below on my EAD. Please help out in clearing my doubts.

1. My wife is planning to work using EAD. If she uses EAD, does it invalidate my H1 status? :confused:

3. If we use Advance Parole, does it invalidate my H1 status ?

4. Is it ok to apply for SSN for my wife now? What are the risks involved if I delay applying SSN for my wife ?

Thanks in Advance.

My PD: EB3,March 2004
Service Center: NSC
I 140: Approved
I 485: Pending
Finger Printing: Completed on 9/26/07
EAD: Approved and we got the cards.
AP: Pending
Click to expand...

Thanks to the replies so far. I want to thank every one for replying to my questions.

  • So far, it seems that my H1 status will not be affected if my wife works on EAD.
  • If I use EAD at any time,it will invalidate my H1 status.

Can any one concur ?
 
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