Gurus Unique situation,Help

T

tuxedo

Registered Users (C)
Hi Gurus,Please help me.

I work for a reputed consulting company on H1B and finished my current assignment.
My 485 is been pending for more than a year and 140 has been approved in 2004.Have also got EAD.

I just came to know that,they will be laying me off next month As the company is going through a rough time.

I have an offer from another company to work on EAD and need to start the project next monday.

Can i hide about this offer with my current employer as if i resign i would not be getting any benefits(ex: severance package ) and start working with the new employer on EAD.

that means i will be getting the salary from current employer on H1B status till next month(layoff) and will be getting salary from future employer on EAD status.

Is this legal.Please advise.

Appreciate your help.
 
I guess it's possible to take a vacation (even at your own expences... you are aiming at other benefits, right ?) and it would be legal, no ?
 
I am not sure if you would be eligible to work on your H1 as well as your EAD. Essentially you have to make a choice. You cannot use both. Although you can retain both options. i.e you can have H1B as well as EAD. But you can only use one at any given point in time. Also if you are using H1B, you are essentially allowed to work only for the H1B sponsoring employer.

Hence taking two jobs may not be an option. However, these are minute details and no one may ever investigate this.

As always, please consult your attorney for legal advise.
 
I agree with LiveAndLetLive... you can't use both EAD and H1...

if you are on vacation though and you don't take pay but you probably can get the package...?

and as far as I know, if you use your EAD it cancels your H1 status... so you have to use EAD from that point going forward...

GL.
 
I think you can work on H-1 with one company and work on EAD with another. your H-1 will be invalid only if you choose to use an EAD to work with the H-1 sponsering company.

But this might be a better way to do the same.....

file a I-9 with the EAD card with the current company. this means you will be working on EAD with your current employer. you can come up with any excuse to file the I-9. Once you are EAD with current employer, you can also take up the second job on the same EAD card. there are no restrictions with number of employers while on EAD.
 
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