Using EAD for part time job

C

cool_guy

Registered Users (C)
Hello All,

Due to retro. I am unable to file my spouse's 485 application. I am on H1B and also have EAD. I have been offered a part-time job and am thinking about using my EAD to take up this part-time offer.

My question is: If I use my EAD to take this part time job, will my H1B become invalid. If this is true, then my understanding is my spouse's H4 status will be affected. I would appreciate if you gurus could shed some light on this asap. I have to make a decision before end of this week.

Thanks.
 
Your concern is correct . Dont rely completely on the response u receive here ... in your case definitely talk to an experienced lawyer .If i were u i would not even consider the part-time job till your wife's 485 is filed .Because one thing is sure the time u use EAD ... u loose your H1 status .. hence i'm pretty sure ur wife looses H4 (oviously cross check it with a very good experience lawyer ) if she looses H4 then she will be out of status .


FYI :- Incase u r not aware of it :- if at all u decide to use EAD ..definitely inform your sponsoring company about it so that they can file new I-9 for you indicating that u r working on EAD for them too ..because u cannot work on EAD for part time and H1 for your sponsoring , u have to use EAD at both places .

Good Luck and decide very carefully .
 
If your wife is on H4, you can't work on EAD.. Once you use your EAD, automatically your H1/H4 is cancelled, youe wife will be out of status...

Check with your attorney..
 
EAD is of no use if your spouse is on H4, except it helped CIS/Attorney to get a little more richer.
 
Why? To spend more money for no benefit at all? In fact some of them are so ignorant they will file 485 with retrogressed PD only to have it returned - it has happened to people on this forum.
 
Hello All,
Thanks to all that responded to my query (can I use EAD to accept a part time teaching position) while on H1. This is what my attorney (and the company) told me:

1. I can use EAD to accept the job (it will NOT affect my spouse's H4 status). My company will continue to file yearly extension of my H1.

2. When I am trying to enter US (if and when I leave US to go on vacation), I should use my Advance Parole documents instead and not H1.

Any thoughts/comments would be greatly appreciated.

Thanks.
 
YOUR ATTORNEY IS WRONG ... PLAIN VANILA WRONG ... HE/SHE DOESNOT KNOW WHAT HE/SHE IS TALKING ...

Man i feel sorry for you ..what kind of attorney you have got !!!!

the time you loose you use EAD u loose your h1 status ... how is your primary company extend your H1 THEN ... infact for them also u have to use your EAD .... and since you loose your H1 .... YOUR WIFE LOOSES HER H4 STATUS ...

yes once you use your ead u have to always use advance parole to enter USA ... that every tom, dick and harry knows it .

PLEASE CONSULT SOME DIFFERENT LAWYER SOMELIKE KHANNA,MURTHY ...

or if you have internet access go to google and search for yourself ...

somehow i'm feeling very very sorry for you and your wife .... well destiny is in your hand , neither me nor anybody can do anything in that regard .

dont do it buddy .... u and your wife will regret for ever
 
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Your spouse will loose H4 status the moment you start using your EAD. If the she is out of status it has serious ramifactions, please consult with someone more knowldgebale if you wish to avoid serious problems ahead.
 
I suggest you do not use EAD to do part time job since as soon as you use EAD your H1 is VOID and the dependents H4 is void automatically. It will create problems since your spouse's I-485 is not filed.

BUT, I read some interesting things on murthy chats that if you are still working for the GC sponsoring employer, your EAD and H1 are interchangeable - meaning if you use our EAD for a temporary duration you will automatically revert back to H1 once you stop that temporary thing. ONE IMPORTANT THING - you can not enjoy BOTH H1 and EAD at the same time for working.

Much bigger problem is when you enter US on AP because if you use AP your H1 is gone and so spouse's H4 is void automatically. Since spouse does not have I485 and AP he/she can not enter US. Period.

Also if you enter US on AP first and if your spouse tries to renew H4 visa abroad based on your H1 (paper, no visa) Consulate will not renew H4 visa quoting that primary is on AP. I have first hand experience in this mess. I had to go to Canada to renew my H1 VISA to get my dependents H4 visa. (I did not wanted my dependents to use AP to reenter)

Its not worth the risk/mess/money given the current immigration scenarios, unless offcourse you are in dire need of money and/or greedy and are a Hero.

Just my 2 cents.
 
If you are maintaining H1-B status and used AP for travelling purpose you are still ok meaning using AP will not invalidate the H1-B status.
 
Damascus.

May I ask why you did not want to use AP for spouse? I'm in similar situation where I need to go outside US for a month, H1 visa stamp is expired (although I've valid H1 extension) and I was planning to use AP.

Additionally I think your assertion that H1/H4 is gone once you use AP is incorrect (I've seen this info in several forums here). As far as I know (from knowledge gathered in these forums) H1/H4 status is lost only if you use EAD. Using AP does not invalidate that status.

damascus said:
I suggest you do not use EAD to do part time job since as soon as you use EAD your H1 is VOID and the dependents H4 is void automatically. It will create problems since your spouse's I-485 is not filed.

BUT, I read some interesting things on murthy chats that if you are still working for the GC sponsoring employer, your EAD and H1 are interchangeable - meaning if you use our EAD for a temporary duration you will automatically revert back to H1 once you stop that temporary thing. ONE IMPORTANT THING - you can not enjoy BOTH H1 and EAD at the same time for working.

Much bigger problem is when you enter US on AP because if you use AP your H1 is gone and so spouse's H4 is void automatically. Since spouse does not have I485 and AP he/she can not enter US. Period.

Also if you enter US on AP first and if your spouse tries to renew H4 visa abroad based on your H1 (paper, no visa) Consulate will not renew H4 visa quoting that primary is on AP. I have first hand experience in this mess. I had to go to Canada to renew my H1 VISA to get my dependents H4 visa. (I did not wanted my dependents to use AP to reenter)

Its not worth the risk/mess/money given the current immigration scenarios, unless offcourse you are in dire need of money and/or greedy and are a Hero.

Just my 2 cents.
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WhyThisDelay I think you are right

I am in similar situation, used AP and still working on H1b. My lawyer also told that using EAD will invalidate H1b not using AP (as when you are on AOS its safer to use AP to avoid invalidating the AOS application, I used AP).

I think these laws contradict each other.

Also an interesting thing that i came across, don't know if it is true, is that we can maintain H1b and still work on EAD if we maintain fulltime status with the company who petitioned H1b and if it is same company who sponsered GC. If that is true then one can work partime on EAD and fulltime on sponcering compnay on H1b. Though I wouldn't recommend complecating things that much.
 
"If that is true then one can work partime on EAD and fulltime on sponcering compnay on H1b. Though I wouldn't recommend complecating things that much."

Agreed. Man - I've waited so much for GC, I wouldn't risk it or try to complicate things for few bucks -esp. when PD is gonnna become current soon. I would never wanna go thru the same waiting game (read torture) again.

sept_neb_filler said:
I am in similar situation, used AP and still working on H1b. My lawyer also told that using EAD will invalidate H1b not using AP (as when you are on AOS its safer to use AP to avoid invalidating the AOS application, I used AP).

I think these laws contradict each other.

Also an interesting thing that i came across, don't know if it is true, is that we can maintain H1b and still work on EAD if we maintain fulltime status with the company who petitioned H1b and if it is same company who sponsered GC. If that is true then one can work partime on EAD and fulltime on sponcering compnay on H1b. Though I wouldn't recommend complecating things that much.
Click to expand...
 
Fulltime on H1 and Part-time of EAD

Hi ,

Here is the reply from attorney Murthy in one of the chat sessions stating it is fine to work on H1 (full time) for the sponsoring employer (GC process) and work on EAD for another employer as a partime for weekends or late hrs.

here is the link

http://www.murthy.com/Chatdb.asp?Search=PART TIME&Type=All&page=2

Question: While I work on H1B full time with my GC-sponsoring employer, can I work part time with my EAD anywhere in the evenings and on weekends?

Answer: Yes, a person on an EAD may work anywhere s/he pleases, even as a consultant or subcontractor, since the EAD is generally nonrestrictive regarding employment, except with respect to its validity only being for 1 year. Mar-24-2003.

Thanks,
Guru.
 
Well, but I guess the answer from Murthy did not clarify whether H1B becomes invalid or not as soon as you use EAD ?


kannanguru2000 said:
Hi ,

Here is the reply from attorney Murthy in one of the chat sessions stating it is fine to work on H1 (full time) for the sponsoring employer (GC process) and work on EAD for another employer as a partime for weekends or late hrs.

here is the link

http://www.murthy.com/Chatdb.asp?Search=PART TIME&Type=All&page=2

Question: While I work on H1B full time with my GC-sponsoring employer, can I work part time with my EAD anywhere in the evenings and on weekends?

Answer: Yes, a person on an EAD may work anywhere s/he pleases, even as a consultant or subcontractor, since the EAD is generally nonrestrictive regarding employment, except with respect to its validity only being for 1 year. Mar-24-2003.

Thanks,
Guru.
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