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H1 vs EAD
- Thread starter petestone
- Start date
I have read many people saying use of EAD cancels your H1 status. Is there a regulation on it
-- Yes
.Also what happens when you are maintaining valid H1 status and use EAD for part-time job,assuming you entered US on H1 visa.
You invalidate your H1 status using EAD even for part time job.
-- Yes
.Also what happens when you are maintaining valid H1 status and use EAD for part-time job,assuming you entered US on H1 visa.
You invalidate your H1 status using EAD even for part time job.
Nop, I think your previous h1 would be void once you use EAD, so I think you need to apply for new h1 (not h1 extetion). And in that situation becuase of I-485 denied, you will be out of status and because you are out of status when you apply for h1, there are chances the INS ask you to get new fresh h1 visa stamp (& new I-94 form) from out side USA problably from your home country.
I hope this help
JB
I hope this help
JB
Interesting answers.
What is the regulation which says (for employment based 485s) usage of EAD invalidates H1?ginnu?
If H1 is valid(date&employer), you can go out and come back in H1. You might not be able to continue on the PT EAD job. Not a big loss considering status issues..
What is the regulation which says (for employment based 485s) usage of EAD invalidates H1?ginnu?
If H1 is valid(date&employer), you can go out and come back in H1. You might not be able to continue on the PT EAD job. Not a big loss considering status issues..
Jaxen
From above replies this is how understand the issue:
EAD usage changes your status to Adjustee while there is no regulation the voids your H1.In order to get back your H1 status you have to re-enter US using H1 visa.Till employer has not cancelled your H1 and job is valid H1 is valid .
What happens if i use EAD for part-time Job and have valid H1B job,and want to get my stamp on passport living in US.Will I be allowed to do so.
From above replies this is how understand the issue:
EAD usage changes your status to Adjustee while there is no regulation the voids your H1.In order to get back your H1 status you have to re-enter US using H1 visa.Till employer has not cancelled your H1 and job is valid H1 is valid .
What happens if i use EAD for part-time Job and have valid H1B job,and want to get my stamp on passport living in US.Will I be allowed to do so.
Originally posted by jaxen
Interesting answers.
What is the regulation which says (for employment based 485s) usage of EAD invalidates H1?ginnu?
If H1 is valid(date&employer), you can go out and come back in H1. You might not be able to continue on the PT EAD job. Not a big loss considering status issues..
Jaxen,
Could you let us know, what will happen to I-9 form, does petestone need to update I-9 form with his primary employer or not ?
I think I read on some private immigration lawyer website (like this one) about EAd and H1 (not on INS website), but i want to share with forum, please comment on this
Thank you
http://www.immihelp.com/
EAD/AP vs. H1
EAD/AP vs. H1
Getting an EAD and using an EAD are two entirely different things. Using an EAD means working based on that EAD and that means when you join any company, signing I-9 form in which employment eligibility is based on EAD. The person can change from H1 status to EAD status by contacting their HR department and filling I-9 form again based on EAD.
Similarly, getting an AP and using an AP are two entirely different things. Using an AP means going out of US and showing AP to enter the US as a parolee instead of showing the visa to enter the US as a non-immigrant. As parolee can't work in US, he/she should get EAD before traveling on AP. Receiving AP is just addition of one more document in your file.
So just receiving EAD/AP does not change the non-immigrant status in any way and he/she is still on H or L status. Thus the person is either in EAD/AP status or in H/L status.
As long as the person maintains the H/L status(H/L status not expired and H1/L1 holders not working for any other employer other than sponsoring employer and H4/L2 holders not working at all), he/she can travel outside US and come back with out the need for advanced parole even after applying for adjustment of status. The person can enter using his/her non-expired H/L visa. The person needs to carry his/her "original" I-485 receipt otherwise serious delay at the airport may be caused. For valid H/L visa holders, there is no need to apply for EAD to continue working after coming back to US. This rule is effective July 1, 1999.
If you are not planning to travel, or work part time for another employer, then there is no reason to apply for an EAD. On the other hand, there is no harm in applying for advance parole and an EAD and there is no reason to try to maintain nonimmigrant status after filing for adjustment of status, unless of course 6 years limit on H/L visa is about to be reached and that the person has no option other than to work with EAD/AP. Please note that it is possible to get your H-1B visa approved for more than 6 years in some cases depending upon your employment based green card processing status. Please refer to the appropriate section on H-1B visa page to find out more how you can extend your H-1B visa for more than 6 years, either 1 year at a time or 3 years at a time.
If you opt for EAD/AP, Spouse(and children, if any) acquired after using AP can't join on H4. Can't resume H/L status after I-485 denial, if any. But you can work for more than one employer, and spouse can work. So it is up to you to decide whether to remain in non-immigrant status or to be in EAD/AP status.
In general, if the person is married, he/she may want to apply for EAD for both of them so that spouse can start working and he/she can also part-time work for other employer, if he/she wishes. If the person is single, he/she may want to maintain H/L status so that he/she can bring his/her spouse on H4 if he/she gets married before adjustment of status application is approved.
Some H-1B professionals use EAD(and terminate H1B) on purpose to save H-1B time so that if something happens with the current employer, they be able to pick up the remaining period of the 6-year H-1B limit through another H-1B approval with the new employer. But that H1 approval would be new H1B and not transfer of H1B and hence subject to annual H1B visa.
INS Guidence on H1/L1, EAD and Advance Parole
http://www.murthy.com/UDnewins.html
The mere fact of obtaining the EAD does not affect one's status; only if the person uses the EAD to take on another job, would he/she no longer be considered to be maintaining H or L status
- If a person obtained an EAD and then went to work for another company while waiting for the completion of her/his adjustment case, that action would effectively terminate the H-1 or L-1 status of the beneficiary and she/he would have to file for advance parole to travel. The H-1 or L-1 holder would not be able to renew the H-1 or L-1 status in this situation.
http://www.murthy.com/UDnewins.html
The mere fact of obtaining the EAD does not affect one's status; only if the person uses the EAD to take on another job, would he/she no longer be considered to be maintaining H or L status
- If a person obtained an EAD and then went to work for another company while waiting for the completion of her/his adjustment case, that action would effectively terminate the H-1 or L-1 status of the beneficiary and she/he would have to file for advance parole to travel. The H-1 or L-1 holder would not be able to renew the H-1 or L-1 status in this situation.
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