Question for Pork.

aghajan

Registered Users (C)
Pork,
This is your reply to the gentleman who asked about his employment in two different places. I have the followinmg questions for you at then end of this e-mail. I apopreciate if you cn clarify on those.

Pork Chop
Senior Member

Registered: May 2002
Location:
Posts: 443
shouldn't be a problem, as long as you have a sponsoring employer that will have a job for you when your GC approval comes through, and will so state in case of an RFE. keep in mind, though, that your use of EAD will invalidate your H1B, so when if and when you return to your original sponsoring employer after your period of unpaid leave but before your GC approval, you will need to rejoin as an EAD employee, not H1B. you might also want to update the I-9 on record with your sponsoring employer even right now to reflect that you are employed with them on the basis of your EAD, not H1B.



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2nd June 2003 07:17 PM



aghajan
Junior Member

Registered: Apr 2003
Location:
Posts: 7
Hi Pork,
2 questions for you:
1. Are you sure he should give up on his H1!!
2. Can he keep his current H1 (and NOT filling up the I-9) if he continues to work on a part-time basis (let say even 5hrs/week or..)? this way he can keep his current H1 status.
Please correct me if I am wrong as this is what my friend did.
thanks,aghajan
 
answers

> 1. Are you sure he should give up on his H1!!
2. Can he keep his current H1 (and NOT filling up the I-9) if he continues to work on a part-time basis (let say even 5hrs/week or..)? this way he can keep his current H1 status.


actually, he does not have a choice: as soon as he uses his EAD, his H1 is ipso facto invalidated. it does not matter if the EAD was used one time only, or used part time. bottomline, you cannot work on EAD *and* retain your H1 status.

disclaimer:
as always, i will recommend that you check with a qualified immigration attorney before making any decision. the foregoing is just my opinion, and should not be construed as legal advice.
 
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