Ok to use EAD for W2 contract employment - laid off 4 mons after AOS

S

s_tand

Registered Users (C)
I filed my 485 through my employer in November and have been laid off in March\'02 after 4 months. I have rcvd. my EAD and AP docs.

Can I use my EAD to work as a W2 contract employee ?

Will it in any manner affect my GC process should I receive a RFE (assuming current employer does not revoke I140) ?

Should I also file for a H1 transfer just to be safe through another employer ? Should H1 be filed before using EAD ?

Can EAD be used for W2 contracting and still have a H1 with another employer ?

Any advice will be highly appreciated.

Thanks
 
EAD should be enough..

Use EAD to switch employers. Get the employment offer letter from the new employer. If you get a w-2, you are an employee (even if you have a contract rate and maybe not getting benefits). So get the letter with the hourly rate etc. if the employer insists. This will not affect GC.

I don\'t know how will you manage a contract job On H1. So who will file for H1 ?

H1 can be filed anytime in relevance to EAD usage,but before the previous H1 expiry

You cannot be using EAD and be in H1 simultaneously.
 
Use EAD but have H1 as a backup

Thanks Jexen for your answers.

I have a W-2 contracting opportunity from a company A . I want to make sure that I can use EAD to work for this company on a contract basis for 2-3 months .

Also, I was told to have a H1 as a backup in case I140 is revoked by current employer. So I am plg. to get H1 transferred to another company B which I probably will use to get back on H status if AOS is rejected.

Do you see any problems with this ?

Also, should I switch attorney\'s because I am not sure if my AOS approval will be sent to me from my current attorney. And if I do this , do I need to have a full time employer as the W-2 contract is not my full time employer.

I\'d appreciate your thoughts on this.

Thanks
 
To keep GC alive...

you need somebody who will accept you as a future employee after the approval. You need proof to back this up. But until approval using EAD you can do whatever you want.
If you mean that you will go back to H1 after 2-3 months of EAD that is okay. But you cannot be on EAD and H1 at the same time. revoking I140 might not affect you. H1 as a backup is a myth (IMHO).

It would be advisable to switch attorney because you need somebody to represent you not your old company. On all the steps from now on keep the attorney in the loop.
 
Here are my 2 cents....

As I know, the day you are using EAD nullifies your H1-B and you will become as an adjustee. If you want to go back to H1-B then your should file a new H1-B (not just H1-B transfer) and probably INS asks you to go for Visa stamping at your home country by not sending new I-94.

Others, please correct me if I am wrong.
 
H1 time limit

When I talked to my lawyer I was told that I would be using my H1 status time if I get my H1 transferred to another employer.

I was also told that EAD cancels the H1 status but not specifically if the H1 transfer would be useful to go back on H status if EAD is denied.

So I am not sure either if H1 transfer has any meaning once you use your EAD .

Anyway my first preference will be to use transferred H1 instead of EAD until I cross over my 180 days .

Anybody with more insight - could you please give your opinions.
 
Sorry thought that the discussion was closed...

There are no definite guidelines as to how can one go back to H1 after using EAD. But what s_tand\'s lawyer is true.

For example if I changed from company A to company B while on H1 and my company A H1 has not expired, then I can go back to company A even after working for company B for a while. Similarly if the H1 has not expired one can go from EAD to H1. And so h1 transfer should be possible.
Similarly when you change your employer after 485 RD, you can once again use H1 transfer (instead of EAD) to join the new employer. Remember GC is for the future job and the promise is that you will work for the employer after GC approval.

If the H1 is expired then your next H1 will be a new H1, but I think INS will give you the I94, since while on 485 you are never out of status until it is adjudicated. They do not give the I94 only if there is a suspicion/evidence of out of status or if you are transferring from a purely non-immigrant category like B visa.

Hope this perspective throws some more confusion :))
 
Jaxen, Thanks for your response, please clarify other question

My H1-B was expired (I have been on H1-B 4 1/2 years) 2 weeks back and few months back I have applied for AOS and got a valid EAD and filled I-9 form with EAD. So currently I am on EAD and never stayed illegally.

If I what to move back to H1B (before GC approval) what is the procedure? Should I file a new H1B and after got the approval simply fill the I9 form and then am I going to be on H1B?
 
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