URGENT:Can i work on EAD and H1 paralelly

[subba1974]

Guys,

I have EAD.I filed 485,six months ago.I didn't get my 140 approval.

Now,i am working on H1 through my current employer.Can i work on other employer on EAD on part time basis(20 to 30 hours per week).

Whather it will change my status to EAD from H1?.Please give me a good suggestions.

 

[majestix]

Guys,

I have EAD.I filed 485,six months ago.I didn't get my 140 approval.

Now,i am working on H1 through my current employer.Can i work on other employer on EAD on part time basis(20 to 30 hours per week).

Whather it will change my status to EAD from H1?.Please give me a good suggestions.

I guess your H1 becomes invalid once you start using your EAD. This has been mentioned on this forum time and again

Thanks

 

[dazzling]

Guys,

I have EAD.I filed 485,six months ago.I didn't get my 140 approval.

Now,i am working on H1 through my current employer.Can i work on other employer on EAD on part time basis(20 to 30 hours per week).

Whather it will change my status to EAD from H1?.Please give me a good suggestions.

NO. H1 will become invalid if you use your EAD.

 

[orangetreats]

Beats me.... Beg to disagree with dazzling and majestix !!!! How can using EAD invalidate an H1B visa if he/she has worked 40 hrs/week or whatever time mentioned in the H1B LCA...

EAD simply authorizes to work for one/more employers at a time.
A single H1B simply authorizes to work only for one employer at time...part time/full time ...doesnt matter...

Along the same lines ...You could argue that you can have more than one H1b petition filed to work for more than 1 employer/s ...As long as you fulfill all the contions in the H1b LCA

Here in this case the beneficiary is fulfilling all the terms and conditions on his current/valid H1b by working for the employer who petitioned for him...So I think it does not matter if he uses EAD to gainfully employ himself ...aslong as he doesnt stop working for the H1b petitioned employer....

my 2 cents

Guys,

I have EAD.I filed 485,six months ago.I didn't get my 140 approval.

Now,i am working on H1 through my current employer.Can i work on other employer on EAD on part time basis(20 to 30 hours per week).

Whather it will change my status to EAD from H1?.Please give me a good suggestions.

 

[orangetreats]

I Rest My Case !!!!!!! Here Is The Proof From Sheela Murthys Chat !!!!!

>>Question : Hello, Murthiji. Can a person maintain both H1B and EAD status at the same time? Can he use AP to come in and then use H1B to work?

>>Answer : According to the May 2000 Legacy INS Memo, a person may maintain both the H1B and EAD. Then the person may use the AP to enter and then work on either the H1B or the EAD and yet be able to file an H1B extension as long as the person is still working for the H1B- sponsoring employer.
Date : 2003-12-08


All the best !!!!!!!!!

 

[subba1974]

You are right orange treats,I am goahead and working

Thanks,Orange treats.

Because of i working on H1b,i am loosing some money.My employer eating some percentage of money.To compensate that,i have to work hard to work with other employer on EAD.

Thank you very much.

--

 

[Want GC Soon]

>>Question : Hello, Murthiji. Can a person maintain both H1B and EAD status at the same time? Can he use AP to come in and then use H1B to work?

>>Answer : According to the May 2000 Legacy INS Memo, a person may maintain both the H1B and EAD. Then the person may use the AP to enter and then work on either the H1B or the EAD and yet be able to file an H1B extension as long as the person is still working for the H1B- sponsoring employer.
Date : 2003-12-08

Murthy is wrong. Maybe she misunderstood ur question. One cannot maintain H1B and EAD status at the same time. THe moment you use EAD, your H1B becomes invalid and you need to use only AP to enter and not a H1B stamp anymore. You can clear this question where ever you want. But I am 100% sure about this.

All the best !!!!!!!!!

 

[orangetreats]

Again I disagree with you !!!! Time to do a reality check !!!!!

First of all ...this question was not posted by me to Sheela Murthy...
I just got it from murthy.com's chat transcript web site .....

And no .. I dont think Sheelaji misunderstood....
She has categorically mentioned that this is possible ...
Please once again revisit the following quote from her

>>>Then the person may use the AP to enter and then work on either the >>> H1B or the EAD and yet be able to file an H1B extension as long as the >>>person is still working for the H1B- sponsoring employer


THIS IS SHEELA MURTHYS REPLY TO ANOTHER USERS QUERY.

>>Question : Can we use EAD being on L1A Visa status?
>>Answer : Not sure the question is clear. If the person also applied for the >>AOS while on L1A, then yes, EAD is valid and one can be on both L1A and >>EAD like H1B and EAD.
Date : 2001-07-23



Remeber that H1b is dual intent and you may choose to work as many employers as possible on EAD


Subba..... You might want to touch base with your laywer regarding this... Please dont construe opinions on this website as final and binding !!!!!!!!

Good luck and all the best

 

[TheRealCanadian]

How can using EAD invalidate an H1B visa if he/she has worked 40 hrs/week or whatever time mentioned in the H1B LCA...

Because there's one other condition of L1/H1 status - you cannot work for any employer that you do not have a valid H petition for.

Working for another employer using an EAD is not unauthorized employment, but it is a violation of your H1 status. Therefore, using the EAD to moonlight will cause the H1 to be toast.

Murthy's answers are vague in that they don't (at least to me) explicitly address working for a second company which has not petitioned for an H-1 for the alien. The Cronin memorandum does indicate that using AP to re-enter the country and then working for the H-1B employer alone is OK even without an EAD, and the mere approval of an EAD does not invalidate H status.

Where the answers are silent, is what happens to an H-1 if an EAD is used to do something that would not be permitted on an H-1 alone. Generally, a non-immigrant status is automatically lost if an alien violates the terms of that status, even though it may be authorized by another status or benefit the alien obtains.

 

[dazzling]

Orangetreats ..

Call a good lawyer ..

Look at this from Murthys chat:

s15: My wife has EAD but hasn't used it for employment. She only used EAD to get her Social Security Number. Does it mean that her H4 is no longer valid, as she has used EAD to get SSN? She is going to India in March 01. Can she return on H4?

SPEAKER_Attorney_Murthy: I am not sure the INS has specifically addressed that issue. It seems she should be allowed to enter the U.S. on H4 status, since one INS memo states that if the person has not used the EAD for work presumably the person is still on H1B or H4 status, as in this case.

This is totally contradictory (unless I do not know how to interpret English) to what you said before.
From the link: http://www.murthy.com/chatlogs/chat1023_P.html

Also another suggestion to the original poster .. please post on murthy Forums also and I am sure one of their attorneys will reply ...

The popular belief is that you cannot use both EAD and H1 together.

 

[subba1974]

question

I am working currently with GC sponsering employer on H1 and parallelly i want to work with other company as a contractor on EAD.

As long as ,i am continuing employment with current GC sponsering employer on H1,How USCIS knows,i am on EAD,if i work with other employer on EAD.

if my GC sponsering employer is not informing to USCIS,they believe whatever information they got from GC sponsering employer.

I don't think this is not a big issue for me.May be i am on either H1 or EAD.I am not going to be out of status.

 

[grs2003]

subba1974

I am working currently with GC sponsering employer on H1 and parallelly i want to work with other company as a contractor on EAD.

As long as ,i am continuing employment with current GC sponsering employer on H1,How USCIS knows,i am on EAD,if i work with other employer on EAD.

if my GC sponsering employer is not informing to USCIS,they believe whatever information they got from GC sponsering employer.

I don't think this is not a big issue for me.May be i am on either H1 or EAD.I am not going to be out of status.

HI,

First of all, talk to a immigration attorney, get his/her advice.
You can't work on H1 and EAD simultaneously. You can work on multiple H1's for muliple companies. If your other employer is ready to sponsor H1 may be should go for it.

As long as ,i am continuing employment with current GC sponsering employer on H1,How USCIS knows,i am on EAD,if i work with other employer on EAD.

Don't think that USCIS doesn't know, once you start working for a contractor on EAD, he has to pay you, so he will add you in his payroll list, automatically you are in system. Any government agency can dig into system and find.

 

[compass]

just my opinion

just my opinion:

if you work on H-1 or are on H-4 and HAVE your EAD in your pocket (NOT use it), you have valid H-1/H-4.

the day you start USING your EAD for any work, any PAID consulting etc., you LOOSE your H-1/H-4 and you transfer your status from H-1/H-4 to AOS. Then you cannot continue working on H-1 and you have to move to EAD also with your H-1 employer, you have to inform him so he will update your info.

Having EAD does not invalidate your H, but using it does...if later I-485 is denied you can come back to H-1/H-4 but I think you must re-apply, even if your former H-1/4 is still valid...

 

[SwamyGC]

In 7th year but I 140 & I485 Denied

I have a question.

If I am in 7th year without 7th year extension and if I 140 & i 485 gets denied and I am just 4 months short of 7 th year ending.At this juncture Can i apply for a New H1b with another employer for 2006 as i have not used my H1B since last 12 months but was in my EAD status?.

 

[SwamyGC]

I have a question.

If I am in 7th year without 7th year extension and if I 140 & i 485 gets denied and I am just 4 months short of 7 th year ending.At this juncture Can i apply for a New H1b with another employer for 2006 as i have not used my H1B since last 12 months but was in my EAD status?.