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iv_only_hope
07-13-2008, 12:29 PM
Hi All,
My situation: EB2 India Mar 15 2004, 140 Approved, 485 pending since 10 months, Have EAD AP, Applied wifes EAD AP last month (June 9), Expecting it by september. I am still working with my employer and will continue to do so. Right now I am on H1. I have received another offer for Adjunct Faculty position at an University in my town. So I will teach one course a semester and also keep working at my current job. For this though I will need to switch to EAD I think since I have only one H1. So on EAD I will continue to work on current job and teach part time. Do you see anything wrong I am doing in this? Any pitfalls apart from fact that I risk losing everything if GC denied. Thanks.
Amar

meridiani.planum
07-13-2008, 01:41 PM
Hi All,
My situation: EB2 India Mar 15 2004, 140 Approved, 485 pending since 10 months, Have EAD AP, Applied wifes EAD AP last month (June 9), Expecting it by september. I am still working with my employer and will continue to do so. Right now I am on H1. I have received another offer for Adjunct Faculty position at an University in my town. So I will teach one course a semester and also keep working at my current job. For this though I will need to switch to EAD I think since I have only one H1. So on EAD I will continue to work on current job and teach part time. Do you see anything wrong I am doing in this? Any pitfalls apart from fact that I risk losing everything if GC denied. Thanks.
Amar

you are allowed to have concurrent H1s also (you can keep your H1, and work part-time at the other university also on an H1. They need to file a separate petition, LCA etc and mark it as a concurrent H1)

iv_only_hope
07-13-2008, 01:48 PM
Thanks. I will look into that. If they are not ready for the concurrent H1 what do you think about the above scenario? Thanks.

akhilmahajan
07-13-2008, 02:26 PM
Thanks. I will look into that. If they are not ready for the concurrent H1 what do you think about the above scenario? Thanks.

If you cant get concurrent H-1B, then you will be forced to use EAD.
Once you use EAD, you are not on H-1B anymore.

H-1B is for a specific employer, so you have to work for that employer only, until and unless you have another H-1B for the second employer.

This is what i have understood. I hope this helps.

GO IV GO.

TexDBoy
07-13-2008, 02:44 PM
As long as you are still doing your primary job, I guess you should be fine with doing this part-time job (With EAD). Just make sure, your "primary" job is with your employer only and not with the University.

raysaikat
07-13-2008, 02:52 PM
Hi All,
My situation: EB2 India Mar 15 2004, 140 Approved, 485 pending since 10 months, Have EAD AP, Applied wifes EAD AP last month (June 9), Expecting it by september. I am still working with my employer and will continue to do so. Right now I am on H1. I have received another offer for Adjunct Faculty position at an University in my town. So I will teach one course a semester and also keep working at my current job. For this though I will need to switch to EAD I think since I have only one H1. So on EAD I will continue to work on current job and teach part time. Do you see anything wrong I am doing in this? Any pitfalls apart from fact that I risk losing everything if GC denied. Thanks.
Amar

No, there is no other risk. Typically, Universities do not petition for H1-B, even concurrent, for adjunct positions, but it is worth talking to them about it.

indyanguy
07-13-2008, 03:38 PM
This is a grey area. Some people have the opinion that using EAD for a second job while on H1 will not affect the H1 status as long as you are working for your sponsor. Some feel that you will be on a parolee status as soon as you use EAD.

ramaonline
07-13-2008, 04:59 PM
The common opinion is that h1 status ends the moment you start using ead (whether for current job or new PT job). This means you would have to travel and re-enter using AP and continue renewing / using EAD for both jobs.

kaisersose
07-13-2008, 05:25 PM
The common opinion is that h1 status ends the moment you start using ead (whether for current job or new PT job). This means you would have to travel and re-enter using AP and continue renewing / using EAD for both jobs.

There are also a number of lawyers who think a H-1b and EAD can co-exist.

So AILA posed this question to CIS a couple of months ago and CIS did not know the answer! They said they would look into it and that is where it is, right now.

EAD is not a status like H-1b. So usage of EAD cannot take away the H-1b status. I would suggest you use your EAD for your second job and leave things as they are with your first.