LOOSING H1B status VS USING EAD from I-485

R

rtinkam

Registered Users (C)
Hi every one:

Please share your experiences in terms of loosing H1b status (if at all it is right) when you begin using EAD derived from I-485. Let us say an employee has filed I-485/I-140/EAD/AP through Company-'B' while he is on H1b status through company-'A'. He is on H1b for an overall period so far for about 2 years. Now can he use the EAD to find a new job on the top of his regular H1b working hours without loosing H1b status. Say if he wants to work on the top of 40 hours/week during week end for another employer. I mean to say he wants to use the EAD for working for other employers not for the one who filed for greencard. I am assuming since H1b is a dual intent visa he would be ok with H1b status though he has used the EAD. Please share and advise me how to use EAD in addition to maintaining valid H1b status. Thanks.
 
It's better to stay on H1-B than using your EAD. Do get EAD card but do not use:

1) The day you use EAD, your H1 becomes invalid
2) Now...while you're waiting for your I140/I485 approval and you receive the bad news that I140/485 is denied then you would be all together out of status and will have to leave the country unless you obtain another H1 or approved labor within 180 days.
3) In above scenerio, if you've EAD but have not used then you would be safe as your H1 would be still valid regardless of your I140/I485 denial.
4) If you do not have any other choice then only use EAD(like for some reason not able to extend H1)
 
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I dont think you do that way... working on EAD and maintaining H1B. Thumb rule is, if you starting using EAD , your H1B status is lost.......

but there is a workaround for it....

You can find job saying you have EAD ( just to Take advantage of EAD ), but let billing go to your H1B company ( ask your employer to pay 95 % of billing )... so that he can run payroll..

I can see only this way getting advantage of EAD...


just suggestion...
 
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