I-485 pending with H-1B, work part-time job in different field using EAD?

D

darthvader

Registered Users (C)
Hello:

I filed a concurrent I-140/I-485 6 months ago, and my I-140 has just been approved (under EB-1 Outstanding Researcher sponsored by my university). I currently have a H-1B. Due to unforeseen circumstances of the funding situation at the university, my salary will be reduced starting 2006 temporarily for one year.

I am considering getting an EAD and work part-time (in a different field) but still keep the same job with the university.

Do I need to inform the USCIS? I still work for the university and I am not going on welfare. Does the USCIS need to know?

Am I in violating of any laws by doing this?

I know by using the EAD, my H-1b is no longer valid.

Thank you for any info you can offer.

--- Darth Vader
 
darthvader said:
I am considering getting an EAD and work part-time (in a different field) but still keep the same job with the university. Do I need to inform the USCIS? I still work for the university and I am not going on welfare. Does the USCIS need to know?
Click to expand...

It's still a free country. You can do this without informing USCIS.
 
darthvader said:
Hello:

I filed a concurrent I-140/I-485 6 months ago, and my I-140 has just been approved (under EB-1 Outstanding Researcher sponsored by my university). I currently have a H-1B. Due to unforeseen circumstances of the funding situation at the university, my salary will be reduced starting 2006 temporarily for one year.

I am considering getting an EAD and work part-time (in a different field) but still keep the same job with the university.

Do I need to inform the USCIS? I still work for the university and I am not going on welfare. Does the USCIS need to know?

Am I in violating of any laws by doing this?

I know by using the EAD, my H-1b is no longer valid.

Thank you for any info you can offer.

--- Darth Vader
Click to expand...
By working for the university at a lower salary, that already may make the H-1 invalid. Unless the lower salary is still more than the salary that was stated when applying for the H-1.

They don't need to know about your side jobs, but if they send RFE asking about your main job, your university will need to verify that you will be working full-time at the full salary when you get the green card.
 
I think your university HR has to fill out a form (forgot the form #) to document the fact that you are currently working on EAD instead of H1B.
 
TXasian said:
I think your university HR has to fill out a form (forgot the form #) to document the fact that you are currently working on EAD instead of H1B.
Click to expand...

Yes, you should update your I-9 you have on file, but there are no penalties to you as an alien if you do this late. Be nice, go to HR and take the 5 minutes to fill out the new form - make sure you bring your EAD along.
 
Do I need new Social Sec. number?

Thanks to all for their answers. I just realized something though. When I was F1 and J1, I had a social security number that said "not for employment". I kept using this number to pay taxes and kept using it when I got my H-1B to pay taxes (I've been working for an university all this time). I am still using this SS number with the I-485 pending. Have I been breaking any law by using this SS number after I got my H-1B?

Question: should I get a new SS number if I am working for a job in the "real world" and not an university? Maybe I should have gotten a new number when I got my H-1B. Should I wait until my I-485 is approved before I get a new SS number?
 
darthvader said:
Thanks to all for their answers. I just realized something though. When I was F1 and J1, I had a social security number that said "not for employment". I kept using this number to pay taxes and kept using it when I got my H-1B to pay taxes (I've been working for an university all this time). I am still using this SS number with the I-485 pending. Have I been breaking any law by using this SS number after I got my H-1B?

Question: should I get a new SS number if I am working for a job in the "real world" and not an university? Maybe I should have gotten a new number when I got my H-1B. Should I wait until my I-485 is approved before I get a new SS number?
Click to expand...
I was also on F-1 years ago. I went back home, then after a few years came back to the US on H-1. I then got a new SS card that said "valid for employment only with INS authorization", but the number was the same. I don't know if you are legally required to do so, but it probably would be a good idea to change your card from "not valid for employment".
 
I think it says "Not valid for employment without authorization". Atleast my one (which I got in my F-1 days) says that. So I don't see any need to change that - EAD is the authorization stipulated in the card.
 
darthvader said:
Thanks to all for their answers. I just realized something though. When I was F1 and J1, I had a social security number that said "not for employment". I kept using this number to pay taxes and kept using it when I got my H-1B to pay taxes (I've been working for an university all this time). I am still using this SS number with the I-485 pending. Have I been breaking any law by using this SS number after I got my H-1B?

Question: should I get a new SS number if I am working for a job in the "real world" and not an university? Maybe I should have gotten a new number when I got my H-1B. Should I wait until my I-485 is approved before I get a new SS number?
Click to expand...

Your SS number does not change, usually. Once you get a SS number, it stays with you, irrespective of your immigration status. Until you get your GC, your SS card will always refect "Valid for employment with INS authorization" or something like that.
 
Which service center did you apply to?

Hello EB1_VSC: I am with the NSC right now.

Thanks again to those who responded.
 
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