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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

View Poll Results: What are you planning to do ?
Switch to EAD 134 47.02%
Stay on H-1B 151 52.98%
Voters: 285. You may not vote on this poll

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  #1 (permalink)  
Old 11-29-2007, 03:32 PM
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Default How many are considering moving to EAD ?

Just wanted to get a sense for how many people are considering switching to EAD vs. staying on H1B.

EDIT: I will be moving to EAD.
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Last edited by sam_hoosier; 11-29-2007 at 03:42 PM.
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  #2 (permalink)  
Old 11-29-2007, 03:39 PM
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485InDreams can only hope to improve
Unhappy

I don't want to end up paying money every year renewing my EAD...I want to use my entire H1B till i get my GC [which won't happen in the near future]....
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  #3 (permalink)  
Old 11-29-2007, 04:10 PM
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Default Not me, holding present job will be better than using EAD for change

1. Over 400,000 family members has got EAD
2. Approved H1B will start working now (65,000+20,000)
3. There are signs of economic slowdown

If not able to establish in new job, finding next would not be easier (maintaining labor and I140 profile). I recommend friends watching for few months to be on safer side.
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  #4 (permalink)  
Old 11-29-2007, 04:24 PM
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Default

Quote:
Originally Posted by Dhundhun View Post
1. Over 400,000 family members has got EAD
2. Approved H1B will start working now (65,000+20,000)
3. There are signs of economic slowdown

If not able to establish in new job, finding next would not be easier (maintaining labor and I140 profile). I recommend friends watching for few months to be on safer side.
I am not sure I understand how 400,000 plus family members getting EAD makes moving to EAD less attractive
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  #5 (permalink)  
Old 11-29-2007, 04:30 PM
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Default

Is there any one who is using EAD
(1) to do full-time job with GC Employer
and
(2) to do part-time or side business or moonlight work

I am soon planning to start an ecommerce website. I will be using EAD. I still be doing full time work with my GC Employer.

We don't have to wait for 180 days to do that. Correct? This 180 thing is applicable in case I want to use EAD or H1 and work for different employer. Correct?

Also if I get 2X amount of money from part-time online business or something and X amount of money from GC employer - can it create any problem?

Anyone in the same boat?
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  #6 (permalink)  
Old 11-29-2007, 04:32 PM
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Default

Quote:
Originally Posted by aadimanav View Post
Is there any one who is using EAD
(1) to do full-time job with GC Employer
and
(2) to do part-time or side business or moonlight work

I am soon planning to start an ecommerce website. I will be using EAD. I still be doing full time work with my GC Employer.

We don't have to wait for 180 days to do that. Correct? This 180 thing is applicable in case I want to use EAD or H1 and work for different employer. Correct?

Also if I get 2X amount of money from part-time online business or something and X amount of money from GC employer - can it create any problem?

Anyone in the same boat?
Correct. I have just switched from H1B to EAD with my current/GC employer. For your second question, I dont think the salary jump with existing employer should create a problem. As for your part time job, I dont think USCIS cares.
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  #7 (permalink)  
Old 11-29-2007, 04:35 PM
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Default you are wrong

Quote:
Originally Posted by Dhundhun View Post
1. Over 400,000 family members has got EAD
2. Approved H1B will start working now (65,000+20,000)
3. There are signs of economic slowdown

If not able to establish in new job, finding next would not be easier (maintaining labor and I140 profile). I recommend friends watching for few months to be on safer side.
EAD gives you lot of freedom,only drawback getting it renewed every year, so be careful and enjoy this freedom.
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  #8 (permalink)  
Old 11-29-2007, 04:35 PM
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Default

Quote:
Originally Posted by sam_hoosier View Post
Correct. I have just switched from H1B to EAD with my current/GC employer. For your second question, I dont think the salary jump with existing employer should create a problem. As for your part time job, I dont think USCIS cares.
All you need is to submit the (new) I-9 form? Is that right?
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  #9 (permalink)  
Old 11-29-2007, 04:38 PM
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Default

Quote:
Originally Posted by aadimanav View Post
All you need is to submit the (new) I-9 form? Is that right?
Yes, thats all you need to do.
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  #10 (permalink)  
Old 11-29-2007, 04:48 PM
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Default

Quote:
Originally Posted by aadimanav View Post
Is there any one who is using EAD
(1) to do full-time job with GC Employer
and
(2) to do part-time or side business or moonlight work

I am soon planning to start an ecommerce website. I will be using EAD. I still be doing full time work with my GC Employer.

We don't have to wait for 180 days to do that. Correct? This 180 thing is applicable in case I want to use EAD or H1 and work for different employer. Correct?

Also if I get 2X amount of money from part-time online business or something and X amount of money from GC employer - can it create any problem?

Anyone in the same boat?
There may be an issue if you are making X amount from your job for which you are being sponsored for green card and 2X amount from business or moon-lighting work you do on the side.

Usually, there wont be any problem because no one is going to go around looking for your additional income and your side business. But if they find out that you have 2X income from business not related to your future job offer or current job (Remember, you are getting GC because you have a job offer in job occupation mentioned in your labor, you are not getting greencard for doing business here), then it might lead to investigation.

If they believe that you are unlikely to do the job for which you are getting GC (either at GC sponsoring employer or new employer) then they can get your 485 in trouble.

If you are making 75,000 in your fulltime job (GC related) and making $200,000 from your business, USCIS would believe that after getting GC, you are not going to do that job.

Now, if your spouse is the business owner, and if she is the dependent on your 485 and not a primary applicant, then you can steer clear out of these troubles. Because technically, your spouse is making the $200,000 and you are still doing your fulltime job at $75,000 (in same job description mentioned in your labor cert) which has nothing to do with your spouse's business income.
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  #11 (permalink)  
Old 11-30-2007, 04:39 PM
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Default New I-9 form

For all those contemplating moving to EAD, USCIS has a new Form I-9 (Employment Eligibility Verification) -

http://www.uscis.gov/files/form/i-9.pdf

The old form would still be accepted till December 26, 2007.
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  #12 (permalink)  
Old 11-30-2007, 05:14 PM
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Default H-9 form

Quote:
Originally Posted by aadimanav View Post
All you need is to submit the (new) I-9 form? Is that right?
I spoke with my lawyer yesterday about whether I need to submit the I-9 form or not to "switch" to EAD. They explained to me that you don't need it to work as an independent contractor or employee for another company, for example if you have a side-job at Mc Donald's.

So basically, you can work freely on the side as long as you have an EAD card but you can always keep your H1 status. I specifically asked if there is something like "activating" EAD status and they declined. I was told that you only need this form if you want to hire a person yourself, i. e. if you are hiring a sub-contractor for your side business.
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Last edited by deleteuser; 11-30-2007 at 05:18 PM.
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  #13 (permalink)  
Old 11-30-2007, 05:19 PM
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Default

Quote:
Originally Posted by Easter Bunny View Post
I spoke with my lawyer yesterday about whether I need to submit the I-9 form or not to "switch" to EAD. They explained to me that you don't need it to work as an independent contractor or employee for another company, for example if you have a side-job at Mc Donald's.

So basically, you can work freely on the side as long as you have an EAD card but you can always keep your H1 status. I specifically asked if there is something like "activating" EAD status and they declined. I was told that you only need this form if you want to hire a person yourself, i. e. if you are hiring a sub-contractor for your side business.
You would also need the I-9 form if you wanted to switch from H-1B to EAD with your current employer.
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  #14 (permalink)  
Old 11-30-2007, 05:52 PM
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Quote:
Originally Posted by logiclife View Post
Now, if your spouse is the business owner, and if she is the dependent on your 485 and not a primary applicant, then you can steer clear out of these troubles. Because technically, your spouse is making the $200,000 and you are still doing your fulltime job at $75,000 (in same job description mentioned in your labor cert) which has nothing to do with your spouse's business income.
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  #15 (permalink)  
Old 11-30-2007, 06:11 PM
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Default

You may want to add one more option - Already switched to EAD
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