Question

kishore143

Registered Users (C)
HI
could anybody give me a suggestion for my problem.I am on H4 and i am applying for EAD within 2 weeks through my husbands company.Now another company wants to do h1 for me.My question is can i have EAD through one company and H1 through another company at the same time.If i work on my H1 will my EAD will be invalid?
U can ask why iam doing my h1 now .I read all ur Treads and i found if we got any query in our I140 our EAD will be invalid thats why iam doing H1
could anybody please suggest me on this
Thank u
 
You can't maintain more than one status simultaneously. You can work for the company (which is offering H1) on H1.

You can always apply for an EAD. Once you get the EAD, you need not use it. Your H1 becomes invalid once you use EAD. But, I think, you can switch back to H1 in the later stages.
 
kishore143 said:
HI
could anybody give me a suggestion for my problem.I am on H4 and i am applying for EAD within 2 weeks through my husbands company.Now another company wants to do h1 for me.My question is can i have EAD through one company and H1 through another company at the same time.If i work on my H1 will my EAD will be invalid?
U can ask why iam doing my h1 now .I read all ur Treads and i found if we got any query in our I140 our EAD will be invalid thats why iam doing H1
could anybody please suggest me on this
Thank u

EAD is not restricted to or applied by any company. EAD can be applied by you yourself, and it is based on your pending I-485 application. So yes you can have a EAD and H1. Rest as rkishore999 said, once you use EAD your status changes.
 
Thanks for Your suggestions
i have another question
can i work for another company while my greencard is in process with other company
will it create any problem for greencard processing
Thanks
 
You can work if the greencard sponsoring company is going to support you for any RFEs and stuff. But, as Valcris29 said, you have to work for the green card sponsoring company upon approval of your green card.
 
hey kishore thanks for ur replies i think u didn't get my point now iam in H4 iam getting my greencard through my husband company
 
Confused yet?

:D :D :D

If you are the "derivative" or dependent on your Husband's green card - you can work for any company you want, upon approval of your GC.

Since you are playing safe and getting an H1 from your new employer, I assume there are some doubts about the stability of your husband's job and/or the approval of the GC. In that case, it may also be a good idea to check with your new employer whether they would do GC processing for you. You could add your husband as a derivative. Of-course, in this case you will be 'bound' to the employer until one of the two GC processes are completed (approved). To maintain your H1, you will have to work only for the petitioning employer. If your GC comes thru first, you will have to work for the sponsoring employer, while your husband will be free to work for anyone!!

Also, the immigration attorneys recommend that in such a scenario, if your husband's case is filed as AOS, you should go for consular processing.

Other than that, your H1 will be independent of your husband's GC. If his GC is denied, he could switch to an H4 as your dependent. Given such advantages, it does make sense to maintain H1 status.

The disadvantage you will face would be that unless you have held H1 status in the last year (since Oct '03), you will be subject to the quota restriction of H1s. Also, your total number of years on H status would be limited to six years. This would most likely include your time on H4.
 
I am confused here. How long do we need to work for GC spnosering employer after getting GC. Cant we leave very next day ?
 
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