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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.

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Old 11-17-2012, 01:46 PM
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Default URGENT-Working on EAD for less than 40 hrs per week

I have an urgent question. I have an EAD. I have been offered a contract to hire position. But they only have 35 hrs working week. Will it be safe to join them considering that I will be allowed to work for only 35 hrs instead of the regular 40 hrs per week. Can anyone please advise me on whether it is allowed to work $35 hrs/week on an EAD (GC). Will there be any problem in the future in my GC processing ? Any help will be highly appreciated.
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Old 11-17-2012, 02:46 PM
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Originally Posted by cricfan View Post
I have an urgent question. I have an EAD. I have been offered a contract to hire position. But they only have 35 hrs working week. Will it be safe to join them considering that I will be allowed to work for only 35 hrs instead of the regular 40 hrs per week. Can anyone please advise me on whether it is allowed to work $35 hrs/week on an EAD (GC). Will there be any problem in the future in my GC processing ? Any help will be highly appreciated.
Per my knowledge, Adjustment of status is related to a Future Job offer. EAD is a derivative benefit which you can avail while the 485 remains pending. You DON'T EVEN have to apply for the EAD, Most do. It means that you can even remain jobless until you receive GC. So I don't see any issues that you have less working hours. But I think for this to happen you need to switch from H1 to EAD. Once you use the EAD at least once, your H1 status is gone, and you are on EAD. And after that it shouldn't matter if you even lose your job, or decide to stop working or if the hours are less. I have known people who had only 20 hours of work on EAD, claimed unemployment for 20 hours, and still got GC later.

Again this is my interpretation. Consult immigration labor federal state laws or a Lawyer.
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Old 12-01-2012, 08:03 PM
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Thanks for all your help. I ended up not taking the job as it seemed too risky to me.
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