Is it possible to use EAD wothout affecting H1 status

G

gcbandwagon

Registered Users (C)
Is it possible to use EAD for a part time assigment without affecting H1 status?Presently my 140 and 485 are pending and I am NOT planning to leave my present employer but just have some work on the side.cAN i EXCEPT MONEY WITHOUT ROUTING IT THROUGH MY EMPLOYER AND NOT AFFECCT MY h1b STATUS.
Please let me know.Appreciate your help.Thanks
 
Actually spoke to my lawyer and he says that its not a problem .You can use EAD and will continue to be on H1 so long as you have a valid H1 stamped on passport and work for the same employer.He also said I can enter back into US with H1B.Thanks ;)
 
When you enter on H1, you switch from AOS pending to H1. When you use EAD, you switch from H1 to AOS pending. Sounds messy to me, but I'm sure your lawyer knows it better.
 
Last edited by a moderator:
gcbandwagon

Why would you want to work for the same employer using EAD? If your I-140 gets denied for any reason then you are out of status immediately. Instead you can save yourself by staying on H1-B till your I-140 gets approved at the minimum.

HTH
 
Hathwar,
As I said in my first post ,this is not for my employer,this for a short -term consulting assignment that I have.Isn't it irritating when you do all the work and there are a chain of people surviving on cuts and percentaGES AND not adding any value....
 
gcbandwagon said:
Actually spoke to my lawyer and he says that its not a problem .You can use EAD and will continue to be on H1 so long as you have a valid H1 stamped on passport and work for the same employer.He also said I can enter back into US with H1B.Thanks ;)
Click to expand...

Your attorney is wrong. By working for different entity other then one who has your H1 you will loose H1 status. Suppose think that you do not have EAD you would have been treated as 'worked without authorization'. So by working some one else you loosing the H1status.
Since you have other status (Pending AOS) that is keeping you safe
 
tammy2 ,I think this is kind of a hazy area,tell me which insn;t in immigration...
Although you are right that on using EAD your status changes to AOS ,you can still maintain a valid H1 and can change status from AOS to H1.sEE BELOW

Chat User : Is it possible to change status from EAD to H1B without leaving U.S. while I-1485 is still pending?

Attorney Murthy : It is possible to do that by continuing to work for the same employer and filing an H1B extension and not renewing the EAD card when it expires. INS has stated in its June 1999 Memo that this is possible if the person did not work for any other employer than the H1B sponsoring employer.
 
gcbandwagon said:
if the person did not work for any other employer than the H1B sponsoring employer.
Click to expand...
Then where he is loosing H1 status?
If work for other then H1 employer he cannot come back here in US. He has to go border post.
 
Last edited by a moderator:
Hi,

I am 100% sure that your lawyer is wrong. I strongly suggest you consult with another lawyer before you make the move. If it turns out that your lawyer is wrong and I am right here, you will be in big trouble.

If it's not a big money, you definitely want to play safe.

Good luck!

fiveice
 
you dont lose your h1 status if you use your EAD card as long as you maintain the same employer and continue your primary h1 job, you only lose your h1 status if you quit your primary h1 job function and than use your ead to do your primary job. let me tell you something you can also work for a secondary employer on a second h1 it does not harm your primary h1 application in anyway. and because you might have questions, i have 2 h1s currently one primary and one secondary.

so for additional work i think EAD is ok as long as you maintain your h1 with primary company but again everything in immigration is a grey area and there is nothing concrete said about anything anywhere.
 
IKnowItall,I think you are ready man ...to become a immigration lawyer :D
You put in writing exactly what my lawyer said.
 
iknowitall,

Wondering using EAD for complete one year and then applying fresh H1-B to reset clock for 6 years. Is it possible? 'cause I'm on 8th yr H1-B ext. got tired of single yr exts.
 
gcbandwagon said:
IKnowItall,I think you are ready man ...to become a immigration lawyer. You put in writing exactly what my lawyer said.
Click to expand...

Which just goes to show that IKnowItAll can be the same kind of immigration attorney as the one you currently have: not a very good one. ;)

Your H-1 status is preserved only by doing nothing to violate it. Taking a job using an EAD is a violation of your H-1 status and your visa, and therefore doing so will cause you to change to adjustee status automatically. This talk of "primary job" vs. secondary job is totally irrelevant; if you do something with your EAD that you weren't able to do with just an H-1 (like a second job), your H-1 is toast.

lohith said:
Wondering using EAD for complete one year and then applying fresh H1-B to reset clock for 6 years. Is it possible? 'cause I'm on 8th yr H1-B ext. got tired of single yr exts.
Click to expand...

The only way to reset the six year clock is to physically leave the United States for 365 days or more.
 
RealCanadian

Using your EAD for an additional job does not violate your primary h1B as long as everything in the primary h1b application is still satisfied. for eg. if you use your ead and also have applied for an AP, you can still enter using your h1b because you have not violated anything on your h1b application. as in not quit your job, its like you can enter on a AP and/or a h1b visa both are valid. how do you explain that ??? and i am sure of this.
 
6 year clock

The only way to reset the six year clock is to physically leave the United States for 365 days or more.
Click to expand...

If I leave US without completing 6 years and comback after 365 days, will I get a new 6year visa?
 
iknowitall said:
Using your EAD for an additional job does not violate your primary h1B as long as everything in the primary h1b application is still satisfied.
Click to expand...

No. One of the conditions of H-1B status is that you do not work for anyone else but your H-1B sponsor (or sponsors, if you are the beneficiary of multiple H-1B petitions). Using your EAD to work another employer is certainly a violation of that H-1B status.

Let's put it a different way, if you didn't have an EAD, would your H-1 status survive if you engaged in unauthorized employment with another employer?

for eg. if you use your ead and also have applied for an AP, you can still enter using your h1b because you have not violated anything on your h1b application. as in not quit your job, its like you can enter on a AP and/or a h1b visa both are valid. how do you explain that ???
Click to expand...

Easy. If you only work for your H-1B sponsoring employer and no one else, you've done nothing to violate the terms of your H-1B. Working for another employer for whom you do not have an H-1B does violate those terms.
 
indgcmagic said:
If I leave US without completing 6 years and comback after 365 days, will I get a new 6year visa?
Click to expand...

The good news is yes. The bad news is that you would be subject to the annual cap again.
 
You must log in or register to reply here.
Top