Part time work under I-485

R

risk_crisp

Registered Users (C)
hi,
My I-485 was filed in March this year and we(me and my wife) received our EAD cards in May.
I was thinking of going back to school next year (with my employer's consent). If I go to school next year:

1) Can I work part time(15 hrs/week) for my current employer at the same time without affecting my I-485 application?
2) Do I have to change my H-1B?
3) Will this affect my wife's EAD?

thanks!
 
1) Can I work part time(15 hrs/week) for my current employer at the same time without affecting my I-485 application?

Yes, you can. GC is for future employment.

2) Do I have to change my H-1B?

No.

3) Will this affect my wife's EAD?

No.
 
I have a doubt about the H-1B status too. If I keep on working with my original employer on H-1B (part-time or full-time), can I use my EAD for additional employment at the school without affecting my H-1B status. Or should I change to EAD at my employer too?
 
Shaf said:
I have a doubt about the H-1B status too. If I keep on working with my original employer on H-1B (part-time or full-time), can I use my EAD for additional employment at the school without affecting my H-1B status. Or should I change to EAD at my employer too?
Click to expand...

As long as you do ONLY partime/fulltime job with your current employer (and no 2nd job) there is no inconsitency about your status. If you start another job using EAD, your H1 status is gone automatically. In that case you need to update your current employer about your status change (with new I-9 form). You cannot have H1 and EAD status same time.
 
pralay said:
As long as you do ONLY partime/fulltime job with your current employer (and no 2nd job) there is no inconsitency about your status. If you start another job using EAD, your H1 status is gone automatically. In that case you need to update your current employer about your status change (with new I-9 form). You cannot have H1 and EAD status same time.
Click to expand...
My lawyer says as long as you keep working with your H1b you can take a second job elsewhere using your EAD.
 
skosian said:
My lawyer says as long as you keep working with your H1b you can take a second job elsewhere using your EAD.
Click to expand...

Yes, I was wrong. You can work on EAD and retain H1 status. I just checked at Murthy.com

http://www.murthy.com/chatlogs/chat0108.html

Dakshina : Will the H1 and H4 get terminated if EAD Card is used?

SPEAKER_Attorney_Murthy : No, not necessarily. If a person on H1B also gets the EAD but has both valid, the H1B and the EAD are both valid. If the H4 uses the EAD, then arguably the H4 may no longer be valid.
 
Interesting

So the H-1B holder can continue his present job ... and use EAD too for another job, and still maintain H-1 status?!! That's cool.
 
I think, what Murthy was saying that if spouse uses EAD, then H1 remains valid and h4 is void.

Also, see this,

http://www.murthy.com/485faq.html#10

Question 10. Does the EAD void the H1B? TOP

An H1B nonimmigrant has the option of applying for an EAD. However, if the person then uses the EAD to work for the same and/or another employer, s/he will no longer be maintaining H1B status. Just having, but not using, an EAD does not invalidate the H1B.
 
defleopard22 said:
I think, what Murthy was saying that if spouse uses EAD, then H1 remains valid and h4 is void.

Also, see this,

http://www.murthy.com/485faq.html#10

Question 10. Does the EAD void the H1B? TOP

An H1B nonimmigrant has the option of applying for an EAD. However, if the person then uses the EAD to work for the same and/or another employer, s/he will no longer be maintaining H1B status. Just having, but not using, an EAD does not invalidate the H1B.
Click to expand...

I guess here she is talking about primary job (not 2nd job). I think she is describing two scenario:
Scenario 1: My H1 expires and I use EAD to continue my current employment. That means my H1 is gone.
Scenario 2: I quit my current job or I get laid off. I take my next job using EAD. In that case my H1 status is gone.
 
You must log in or register to reply here.
Top