What is the purpose of EAD?

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NovasTaylor

Registered Users (C)
Hi folks,

Please excuse my ignorance, but what good is an EAD while my I-485 application is pending? Last week I received my EAD card and I go for my FP appointment next week. Is the following true?

- I could take an additional part time job while continuing to work full time for the company sponsoring my I-485 application? I'm not interested in this, but wondering if it is possible.

- If my I485 is denied, I could remain in the US until the temporary EAD expires?

My understanding is that I can not change employers at this time without seriously jeopardizing my 485 application, so it makes me wonder what use the EAD is, if any??

Cheers,

NovasTaylor
 
Last edited by a moderator:
You can use it to work for any company doing anything while your I485 is pending. If your I485 is denied, your EAD is no longer valid. Of course you should still work for your sponsoring employer until you get your GC, but in the mean time you could do part time work. I'm using mine for contract work and for partnering in a business with some friends.
 
I forgot to mention, if you have a spouse on an H4 visa, she/he can use it for employment. My wife has been forced to stay at home for 8 years on F2 and H4 visas, and now she is finally free to get a job.
 
gc_row said:
I forgot to mention, if you have a spouse on an H4 visa, she/he can use it for employment. My wife has been forced to stay at home for 8 years on F2 and H4 visas, and now she is finally free to get a job.
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Thanks GC_ROW.

My wife is in a similar position as well and I am "sponsoring" her during our GC application process (not sure if that is the correct term). Does she get her own EAD card and this frees her to work, or is it somehow linked to mine?

Cheers,

NovasTaylor
 
NovasTaylor said:
Thanks TheRealCanadian. That makes perfect sense. Hopefully her card will arrive soon, since mine arrived last week! :)

Tim
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Just a quick not: u send to send in a separate EAD application for ur wife before she will get the EAD else u will be waiting foreternitiy for ther EAD. (Not sure if u did that)
 
Regarding use of EAD, my attorney told that H1 can use EAD for secondary job if we maintain H1 status with the primary employer. The policy is not firm and it vary from time to time and case to case. However, it is always arguable.
Note: It is adviced not to use EAD unless you have completed H1 period and it is extremely neccessory.
 
goviks said:
Regarding use of EAD, my attorney told that H1 can use EAD for secondary job if we maintain H1 status with the primary employer. The policy is not firm and it vary from time to time and case to case. However, it is always arguable.
Note: It is adviced not to use EAD unless you have completed H1 period and it is extremely neccessory.
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This issue is debatable as the law stands for H1/L1 status being maintained by one while using EAD for secondary job.
 
goviks said:
my attorney told that H1 can use EAD for secondary job if we maintain H1 status with the primary employer. The policy is not firm and it vary from time to time and case to case. However, it is always arguable.
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Your attorney is wrong on every count.

First, your H-1 status allows you to work for your current employer, and any other employer who has filed an H-1 petition for you. Taking a side job using your EAD would violate your H-1 status, and cause it to cease. Please note that the employment would not be unauthorized, but it would not be permitted under the H-1 alone; hence the status violation.

Second, there has never been a question of this policy, nor has it ever changed.
 
goviks said:
Regarding use of EAD, my attorney told that H1 can use EAD for secondary job if we maintain H1 status with the primary employer. The policy is not firm and it vary from time to time and case to case. However, it is always arguable.
Note: It is adviced not to use EAD unless you have completed H1 period and it is extremely neccessory.
Click to expand...


I fully agree with TheRealCanadian. Your attorney is wrong, fire him/her immediately.
Your H1 becomes invalid from the moment you start using your EAD. You can of course do it (start using EAD), but then you must go to your H1 employer and update the form (I9?) to switch from H1 to EAD.
 
Confusion over use of H1 while 485 is filed.

My spouses and my 485 along with 765 and 131 was filed on 8/8/2007. Now waiting to get the EAD and AP. God knows when that will be.

In the mean time, my spouse is on F1 and me on H1. We are planning to travel outside US during the end of the year. Now I understand the my spouse can only get back into US using the AP. So, F1 goes to trash.

The question then is, can I still get back on my H1 which will still be valid till early 2009 (while my spouse uses EAD and AP).

If so, I am planning to go for the visa stamping before re entering US. (Current H1 stamp is expired) Should I expect any problems with this?

Thank you very much in advance for any guidance or comments.

Thank you,
 
gc_row said:
Of course you should still work for your sponsoring employer until you get your GC, but in the mean time you could do part time work. I'm using mine for contract work and for partnering in a business with some friends.
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You don't have to work with the sponsoring employer once you have the EAD.
Invoke the AC21 and switch after 6 months of filing 485 and if 140 is clear.

AC21 may also help overrule the GC good faith assumption about your intention to work with the sponsoring employer after the GC.
 
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