Start using EAD - the end for H1B status?

Gegemon

Registered Users (C)
If I decide to start using my EAD card for a part-time job in addition to my full-time H1b-based employment - do I have to switch to EAD with my regular employer as well?

Or can I continue to remain in H1b with my full-time employer while using EAD for a side job? Any consequences in that case?

Any comments will be appreciated.


I-140 E12-OR, I-485 (concurrent)
ND: 04-02-03
 
how about advanced parole?

Can I continue to be on H-1B status after I used Advanced Parole?
 
gw3,

You are a little confused. Here is how this works:

1. If you are on a valid H1 status then you do not have to use EAD or AP. Ypu can still have a EAD but not use it.
2. If you are on EAD status then you HAVE TO use an AP for travel. No two ways about it.
3. Once you are on EAD status (for whatever reasons, even part time jobs) then ur H1 gets invalidated and you have to be on EAD for all your jobs.
4. Once you are on EAD, you cannot go back to old unless you refile H1 again.

So H1 does not become invalid when you use AP, it does when you use EAD, moreover you will only use AP when you are on EAD.

-Savant
 
This is from murthy.com
It is really very clear


- If an H-1 or L-1 holder decides to file for and obtain the EAD but keeps working for the same company, he/she is still in valid H-1 or L-1 status and able to extend the H-1 or L-1 as needed (up to the maximum allowable time on that status). The mere fact of obtaining the EAD does not affect one's status; only if the person uses the EAD to take on another job, would he/she no longer be considered to be maintaining H or L status.

_- If a person obtained an EAD and then went to work for another company while waiting for the completion of her/his adjustment case, that action would effectively terminate the H-1 or L-1 status of the beneficiary and she/he would have to file for advance parole to travel. The H-1 or L-1 holder wouldnot be able to renew the H-1 or L-1 status in this situation.

_- An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

_- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval._

_- If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.

_- An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
 
Thanks for the reply!

My reading from the above Murthy statement is that as long as I am on valid H1 status (not on EAD), then if I happen to use Advanced Parole to re-enter US (because I didn't obtain an actual visa based on H1 status for entry purpose from the consulate), my H1 status is NOT affected in any aspect at all. Is my understanding correct?

PS After reading the Murthy statement again, it also seems that if I enter on AP, then I can apply for H1 extension or something, but don't have to. Or I have to apply for H1 extension upon return and before working for the same company? Confusing!
 
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My reading from the above Murthy statement is that as long as I am on valid H1 status (not on EAD), then if I happen to use Advanced Parole to re-enter US (because I didn't obtain an actual visa based on H1 status for entry purpose from the consulate), my H1 status is NOT affected in any aspect at all. Is my understanding correct?

---yes -- since you don't have the actual visa stamped but are on valid H1 status and you are working for the same employer, you can enter using AP but continue being on H1 status until the validity of the H1.

I am not too clear about the extension though.
 
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