work for two cos? or out of status?

P

praytx

Registered Users (C)
Hi,

if a person has both an EAD and H1, can they continue to work for the H1 company A and also work for company B on EAD and draw two salaries? or would they be considered out of status and could possible create a problem at the time of GC approval (485)?

this is a short term deal as company A doesnt know the person is working for company B yet.

thanks.
 
praytx said:
Hi,

if a person has both an EAD and H1, can they continue to work for the H1 company A and also work for company B on EAD and draw two salaries? or would they be considered out of status and could possible create a problem at the time of GC approval (485)?

this is a short term deal as company A doesnt know the person is working for company B yet.

thanks.
Click to expand...

Your H1B status is lost if you decide to use your EAD.
 
thanks for the response. i understand that the h-1 would be invalidated when EAD was used. but would the person be considered out of status? and more importantly, would this be an issue at the time of 485 approval?

anyone has similar experience?

thanks.
 
No the person would not be considered out of status because once you have filed I485 you are considered to be in status and in a period of authorised stay in the US and once you have EAD you have authorization for employment. So in short you are in status and authorized to work so there is no problem at all.
Now as far as working on the 2nd job on EAD is concerned I had asked this question to my attorney and the answer to that is yes and no. Bcos even working on EAD requires you to do a job in the same field with similar job duties. I dont think having 2 jobs on EAD should be a problem as long as they are similar duties to what you are doing right now but you might wanna double check on that
 
There is no requirement for the job to be the same or similar if working on EAD. Indeed, using an EAD gives you almost total freedom. The only issue is that if you rely on AC21 to leave your original employer and move to another, then that does indeed need to be a similar job for GC approval.
 
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