Working in both H1 & EAD

[new_horizon]

1. Can a person work full time on H1 visa for Employer A, and at the same time use EAD to work part-time for Employer B?
2. Say if by using EAD with Employer B the H1 visa with Employer A gets cancelled, can the person get a new H1 visa based on being previously on H1 if in case the 485 gets rejected?
3. The person is a derivative of the primary GC applicant. The primary GC applicant is on a H1 visa.

Thanks.

[tom]

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[new_horizon]

Thanks tom for your reply!!

Originally Posted by tom

1. Can a person work full time on H1 visa for Employer A, and at the same time use EAD to work part-time for Employer B?

Ans: At present, its not possible. As soon as you use EAD, you are no longer on H1. AILA has requested some clarification on this as they believe its possible.

2. Say if by using EAD with Employer B the H1 visa with Employer A gets cancelled, can the person get a new H1 visa based on being previously on H1 if in case the 485 gets rejected?

Ans: No.

3. The person is a derivative of the primary GC applicant. The primary GC applicant is on a H1 visa.

Ans: The derivative should be able get an H4 stamping from a consulate anytime as long as the Primary is on H1 status.

Note: Answers are based on my limited knowledge.

[newuser]

1. Can a person work full time on H1 visa for Employer A, and at the same time use EAD to work part-time for Employer B?

Based on my knowledge, I think you can work both on H1b and EAD as there was no clear guidance from USCIS yet. USCIS may come up with some explaination pretty soon.

[garybanz]

Originally Posted by new_horizon

1. Can a person work full time on H1 visa for Employer A, and at the same time use EAD to work part-time for Employer B?
Thanks.

Don't know, almost every attornet says some thing unique. USCIS has not issues clear cut information as such. Go ahead If you don't mind taking some risk, don't do it if you want to be really safe.

[new_horizon]

I think it'll be better to play safe, until some concrete information is available. Thanks.

Originally Posted by garybanz

Don't know, almost every attornet says some thing unique. USCIS has not issues clear cut information as such. Go ahead If you don't mind taking some risk, don't do it if you want to be really safe.

[indyanguy]

Originally Posted by new_horizon

I think it'll be better to play safe, until some concrete information is available. Thanks.

I second that. It's better to play safe unless you don't mind losing the H1 status.

[texanguy]

Can we ask this question to the Ombudsman in his next teleconference? we need to get a clarification from USCIS as soon as possible.

Everyone has seen the fate of the EB related bills in recent months. this clarification would help the waiting EB community tremendously!!!

Originally Posted by newuser

1. Can a person work full time on H1 visa for Employer A, and at the same time use EAD to work part-time for Employer B?

Based on my knowledge, I think you can work both on H1b and EAD as there was no clear guidance from USCIS yet. USCIS may come up with some explaination pretty soon.

[viv24]

Hi guys, here is my case

came to us 8.2003 on f1, completed studies in 02.2006, opt from 02.2006 to 02.2007.

filed h1b petition 07.2006, h1b approved for company a,02.2007 changed to company b 06.2007 approved 01.2008.

company b filed for i140 i485, got EAD, AP and FP done in 2007-2008. i140 not yet approved

Gone to montreal in march 2008 for visa stamping, got 221g, waited for 60 days no positive reply from consulate.

Came back to US on AP, since i had job, could not lose. My questions

1) if i get my h1b visa approved and stamped, can i go back to h1b status without losing my EAD, i140 applications. i have about 4.5 years left on h1b. other reason for me wanting h1b is getting married in india.
2) can i file another i140 for the same i485 for back up.
3) I have entered US on AP, do i have use EAD or just work on h1b.
do share your experiences and opinions, I am also working with attorney on these issues, your input and guidance will help to plan for all events.