Question regarding utilizing the EAD along with H1B

Zgreen said:
The minute you start using EAD for any job, your H1 status is voided.

You may resume your H1 status once you stop using EAD, thanks to "dual intent" of the H and L visa category.

Murthy's answer was correct, but I think she meant "to continue your employment-based immigration process" rather than "to maintain valid H1 status"
Click to expand...

I do not know how you can 'resume' something that has been 'voided' (Probably you meant to say 'suspended', but I am not sure if suspension applies to any immigration status)

Yes, Murthy's answer does not give explicit affirmation as to retaining the H1-B status (that is why I quoted her without any interpretation), but I personally believe the questioner had maintaining the H1B status in his/her mind rather than the GC process and he/she got an affirmative answer. That is my judgement. I may be wrong. Since that was a chat session, I do not think we gain much by analysing word by word.

What I am trying to say here is, it is not a black and white issue to give instance verdicts like "One loses H1B status the minute EAD is used" (If it is that simple, it won't be a contentious issue at all). One must talk to a qualified attorney.

I earnestly hope some legal authority will issue a clear statement on this issue to put all the debate to rest.
 
Dumbledore said:
Yes, Murthy's answer does not give explicit affirmation as to retaining the H1-B status (that is why I quoted her without any interpretation), but I personally believe the questioner had maintaining the H1B status in his/her mind rather than the GC process and he/she got an affirmative answer. That is my judgment. I may be wrong. Since that was a chat session, I do not think we gain much by analysing word by word.
Click to expand...

The danger with your reasoning is that you are reading things in based on what you want to be true. In the legal arena, that's called "assuming facts not in evidence". :)

We do not know what the questioner had in his mind, nor do we know what Sheela had in her mind - did she know in her mind what was in the questioner's mind? She gave an answer to the specific question, nothing more.

What I am trying to say here is, it is not a black and white issue to give instance verdicts like "One loses H1B status the minute EAD is used" (If it is that simple, it won't be a contentious issue at all). One must talk to a qualified attorney.
Click to expand...

But not all questions in immigration law are gray, and speaking to a qualified attorney does not necessarily give an authoritative answer.

I earnestly hope some legal authority will issue a clear statement on this issue to put all the debate to rest.
Click to expand...

The only person who can do so is an attorney at USCIS, an immigration court judge, or a federal judge.
 
Dumbledore said:
What I am trying to say here is, it is not a black and white issue to give instance verdicts like "One loses H1B status the minute EAD is used" (If it is that simple, it won't be a contentious issue at all). One must talk to a qualified attorney.
Click to expand...
True Dumbledore. Once you utilize the EAD you are out of H1-B status. My lawyer has been saying that from day one.

Also true if use AP, you will be out of H1-B status as well. That's where how the conversation started with my lawyer.
 
Last edited by a moderator:
chatakondu said:
Also true if use AP, you will be out of H1-B status as well. That's where how the conversation started with my lawyer.
Click to expand...

Your lawyer should read the Cronin Memorandum. It's only been out for over a half-decade.

If you use your EAD to do something your H-1B alone wouldn't let you do, you lose H-1 status. If you use the AP to enter the country but do not do anything your H-1 would not allow you to do, you remain in H-1 status.
 
Hi chatakondu,

You can put your wife as a partner in C-Corp/founding team by using her EAD & you can work for that company on behalf of her right...? Just an option!


chatakondu said:
Thank you all for your responses. Appreciate your help and concern.

I would like to quickly update what my lawyer suggested:
She said try not doing that. It defeats the purpose of LC (Labor Certification) process (Applied with special skill set). Instead she suggested use your wife name/EAD to open a business or start a company. She has been dependent and applied EAD with dependent status. So, technically my wife does not have LC and/or no skills specified while applying for green card.

That was my lawyer suggestion and her ultimate goal was not disturb the GC process as well. She is not the company lawyer. I hired for my GC separately.

So, I decided to drop out joining in founding team.
Click to expand...
 
Yes. But other founders should agree for that. It is a big hassel. For now it is easy to sail the boat with different name. But in the long run issues will come up. Better not to complicate the issue.

satgym73 said:
Hi chatakondu,

You can put your wife as a partner in C-Corp/founding team by using her EAD & you can work for that company on behalf of her right...? Just an option!
Click to expand...
 
You must log in or register to reply here.
Top