EAD and H1 Dual Status holding and opportunites

[vedu]

So very true.. and only way being on EAD for 7 years would have been advantageous if one improved on the situation ( spouse employment, secondary income which might not in line with H1B rules etc.). Not to forget hassles with H1-B extensions
Opportunity cost is very very hard to determine in any situations..
If one stays with single income - same employer, then definitely getting GC 1 year earlier is the better outcome.

Many people think EAD and H-1B are mutually exclusive. But that's not true. I have used both for last several years without any issues. For example, when I visited India last time, I didn't get H1B stamped. I used EAD/AP combo card for reentry. From my employer's perspective, I was always on H-1B, and there was no problem with H-1B extension even though my recent entry to US was on AP. Also, I used EAD for secondary income through some part time consulting while I was on H-1B for my primary employer. Everybody must continue to renew H-1B if they can. First, it provides a back up in case something goes wrong with your I-485 application. Also, it keeps your salary updated through revisions in prevailing wages. And the employer has to bear the cost of extension by law. At the same time, EAD gives incredible freedom to you and your family. And renewing it is like renewing a driving license, but even better, it is free! I don't know why many people get their attorneys involved for EAD/AP renewal. That is waste of time and resources.

[inspired_p]

Also, I used EAD for secondary income through some part time consulting while I was on H-1B for my primary employer.

That is amazing to know . For all the research I have done on this till now, every resource pointed that EAD and H1-B status is mutually exclusive. If one uses EAD for employment( even for secondary), the applicant is no longer on H1-B status.
This is something different I have read for the first time.

[vedu]

That is amazing to know . For all the research I have done on this till now, every resource pointed that EAD and H1-B status is mutually exclusive. If one uses EAD for employment( even for secondary), the applicant is no longer on H1-B status.
This is something different I have read for the first time.

Yes, I used to have that confusion myself, and there was no clear answer! But when opportunity came my way for a secondary part-time employment, I just decided to take risk and go do it. I had no problem with H-1B renewal at all after that. And say, if it was approved by mistake, still no issues! If they say I am no longer on H-1B status, no problem! I have always renewed my EAD without any gaps. So, let them decide which status I was on. I am okay with both!

[gcconnect]

That is amazing to know . For all the research I have done on this till now, every resource pointed that EAD and H1-B status is mutually exclusive. If one uses EAD for employment( even for secondary), the applicant is no longer on H1-B status.
This is something different I have read for the first time.

I was also thinking the same. My assumption is start working on EAD/ Using AP for reentry automatically cancels the H1B

[vedu]

I was also thinking the same. My assumption is start working on EAD/ Using AP for reentry automatically cancels the H1B

In the worst case, it may be something like this. Say it is true that your H1B cancels once you use EAD. But then you can reapply for H1B again and get it reinstated. Nowhere it says that once you are in EAD status, you cannot reapply for H1B.

[inspired_p]

In the worst case, it may be something like this. Say it is true that your H1B cancels once you use EAD. But then you can reapply for H1B again and get it reinstated. Nowhere it says that once you are in EAD status, you cannot reapply for H1B.

This is what i have understood, Yes one can switch from EAD to H1-B but has to get H1-B stamped and enter in the US on H1-B to reinstate H1-B status. Just filing and approval of H1-Bpetition does not change the status.

[vedu]

This is what i have understood, Yes one can switch from EAD to H1-B but has to get H1-B stamped and enter in the US on H1-B to reinstate H1-B status. Just filing and approval of H1-Bpetition does not change the status.

In that case, if your H1B petition is approved and you don't go outside of the country for three years to get a stamp. Then when your questionable H1B approved petition is about to expire and you submit an extension application based on that petition, will that get rejected? I don't think so.

[inspired_p]

In that case, if your H1B petition is approved and you don't go outside of the country for three years to get a stamp. Then when your questionable H1B approved petition is about to expire and you submit an extension application based on that petition? Will that get rejected? I don't think so.

I wish we had the answers. Who knows how the USCIS track unlawful employment in any scenario. And who knows at what point in the process that information is even searched by USCIS.
I am just happy to know a specific example of someone actually using the EAD for secondary employment and keeping the H1-B with primary employer. Based on your example it seems to be possible

[Turbulent_Dragonfly]

I wish we had the answers. Who knows how the USCIS track unlawful employment in any scenario. And who knows at what point in the process that information is even searched by USCIS.
I am just happy to know a specific example of someone actually using the EAD for secondary employment and keeping the H1-B with primary employer. Based on your example it seems to be possible

It's perfectly acceptable to work on H1B and EAD as long as the primary H1 requirements are met. That means if you are having a 'full-time' H1, you can't have another consulting side hustle for 30 hrs. a week because it does not show good faith toward fulfilling the job requirements for the H1. If the consulting is lucrative, you could always convert to a part-time H1 and do consulting on the EAD. Using EAD does not impact the H1, because EAD is just a benefit and is not a different status and you can't 'convert' to EAD while you are still in the country. Now, if you go outside and come back in without a H1 stamp and use AP, that will definitely terminate your H1 status and convert you into Parolee status.

[inspired_p]

It's perfectly acceptable to work on H1B and EAD as long as the primary H1 requirements are met. That means if you are having a 'full-time' H1, you can't have another consulting side hustle for 30 hrs. a week because it does not show good faith toward fulfilling the job requirements for the H1.

I do not think there is a restriction of number of hours on the second H1-B either. 60-80 hours a week on 2 jobs is perfectly legal even on 2 H1-Bs. Both jobs should of course meet the requirements for H1-B to be granted.


If the consulting is lucrative, you could always convert to a part-time H1 and do consulting on the EAD. Using EAD does not impact the H1, because EAD is just a benefit and is not a different status and you can't 'convert' to EAD while you are still in the country. Now, if you go outside and come back in without a H1 stamp and use AP, that will definitely terminate your H1 status and convert you into Parolee status.

Good to know two people suggesting that use of EAD for a second job does not invalidate the H1-B status of the employee. As I have mentioned in previous comments, that is not what I understood till now.

[vedu]

Here is another relevant question. Suppose you initially entered in the country on F1, completed your degree, got OPT EAD, and then while your EAD was expiring, got your H1B petition approved. Now will you still be in student status until you get a H1B stamp OR are you in H1B status? Then that goes back to the original question...when changing from any other status to H1B status, do you need a stamp or an approved petition is enough? I know this all is a gray area and only USCIS can answer these questions.

[inspired_p]

Here is another relevant question. Suppose you initially entered in the country on F1, completed your degree, got OPT EAD, and then while your EAD was expiring, got your H1B petition approved. Now will you still be in student status until you get a H1B stamp OR are you in H1B status? Then that goes back to the original question...when changing from any other status to H1B status, do you need a stamp or an approved petition is enough? I know this all is a gray area and only USCIS can answer these questions.

I have personal experience for this scenario, I was on F1- EAD for three more months before switching to H1-B. H1-B status is only activated once the employer uses the H1-B on your I-9 documentation till then EAD is the work authorization and F1 was the status.

[vedu]

I have personal experience for this scenario, I was on F1- EAD for three more months before switching to H1-B. H1-B status is only activated once the employer uses the H1-B on your I-9 documentation till then EAD is the work authorization and F1 was the status.

Yes, then why similarly H1-B status can't be activated after being in Parolee status once the employer uses the newly approved H1-B petition as a basis to submit new I-9 documentation? Who knows what the right answer is?

[inspired_p]

[QUOTE=vedu;68608]Yes, then why similarly H1-B status can't be activated after being in Parolee status once the employer uses the newly approved H1-B petition as a basis to submit new I-9 documentation? Who knows what the right answer is?[/QUOTE

You are an example that it can be done. So I guess my question is moot now. I am really grateful for this forum. to get to know real life examples of how USCIS operates rather than reading lawyer blogs online.

[vsivarama]

Yes, then why similarly H1-B status can't be activated after being in Parolee status once the employer uses the newly approved H1-B petition as a basis to submit new I-9 documentation? Who knows what the right answer is?

If you are on 485 EAD you do not have an independent nonimmigrant status which is valid, and hence you will have to consulate process the H1B. When it comes to STEM OPT you are still in F1 (as your underlying petition is still considered F1). So you can legally change your status from F1 to H1 without stepping out of country. This was the understanding I got from my lawyer.

[vedu]

You are an example that it can be done. So I guess my question is moot now. I am really grateful for this forum. to get to know real life examples of how USCIS operates rather than reading lawyer blogs online.

My only word of caution is when you do something like this, make sure to leave no gaps in your future EADs. So, you will be covered either way.

[vedu]

If you are on 485 EAD you do not have an independent nonimmigrant status which is valid, and hence you will have to consulate process the H1B. When it comes to STEM OPT you are still in F1 (as your underlying petition is still considered F1). So you can legally change your status from F1 to H1 without stepping out of country. This was the understanding I got from my lawyer.

That seems logical explanation.

[qesehmk]

If you are on 485 EAD you do not have an independent nonimmigrant status which is valid, and hence you will have to consulate process the H1B. When it comes to STEM OPT you are still in F1 (as your underlying petition is still considered F1). So you can legally change your status from F1 to H1 without stepping out of country. This was the understanding I got from my lawyer.


Guys - let me help with what I understand.

A) When on H1 and you file AOS you have dual status H1 as well as AOS pending.
B) You can do the same from any other visa XYZ and your new status will be XYZ as well as AOS pending.
C) If your H1 authorization ends and you are using EAD then your status will be AOS pending.
D) If you get a new H1 (797?) then you acquire H1 simply by starting to work on H1 with your employer. That's it. There is no special process to acquire H1 status to my knowledge.
E) But I believe H to F and F to H may have some formality (since one is dual intent visa and other is non-immigrant visa).
F) Finally - H1 stamping is not required if you are already in the US. A stamp is required only to gain entry. Your H1 authorization is enough to start using from day 1.

[inspired_p]

Guys - let me help with what I understand.

A) When on H1 and you file AOS you have dual status H1 as well as AOS pending.
B) You can do the same from any other visa XYZ and your new status will be XYZ as well as AOS pending.
C) If your H1 authorization ends and you are using EAD then your status will be AOS pending.
D) If you get a new H1 (797?) then you acquire H1 simply by starting to work on H1 with your employer. That's it. There is no special process to acquire H1 status to my knowledge.
E) But I believe H to F and F to H may have some formality (since one is dual intent visa and other is non-immigrant visa).
F) Finally - H1 stamping is not required if you are already in the US. A stamp is required only to gain entry. Your H1 authorization is enough to start using from day 1.

Thank you Q.
Do you have an idea about the question if one can work on EAD and still maintain H1-B status with primary employer?

[qesehmk]

Thank you Q.
Do you have an idea about the question if one can work on EAD and still maintain H1-B status with primary employer?
You can absolutely pick one job on EAD and another one on H1. You can also have two separate H1 jobs at the same time.

In fact with EAD you can pick four five whatever number of different jobs.

[Zenzone]

It's perfectly acceptable to work on H1B and EAD as long as the primary H1 requirements are met. That means if you are having a 'full-time' H1, you can't have another consulting side hustle for 30 hrs. a week because it does not show good faith toward fulfilling the job requirements for the H1. If the consulting is lucrative, you could always convert to a part-time H1 and do consulting on the EAD. Using EAD does not impact the H1, because EAD is just a benefit and is not a different status and you can't 'convert' to EAD while you are still in the country. Now, if you go outside and come back in without a H1 stamp and use AP, that will definitely terminate your H1 status and convert you into Parolee status.

Very nice and helpful. One question though, when you say "you can't convert to EAD while you are in the country" do you mean that you are still dictated by the active H1B visa through which you presumably came into the US during your latest arrival as long as that H1B visa is valid as of the date we ask this questions. Right?

[Zenzone]

You can absolutely pick one job on EAD and another one on H1. You can also have two separate H1 jobs at the same time.

In fact with EAD you can pick four five whatever number of different jobs.

That's re-assuring even to think I can probably do something else as a sidekick for fun :)

[vsivarama]

Guys - let me help with what I understand.

D) If you get a new H1 (797?) then you acquire H1 simply by starting to work on H1 with your employer. That's it. There is no special process to acquire H1 status to my knowledge.


Q, Here are the nuances. If there is no break in H1 and you continue to maintain H1 when AOS is pending, then yes nothing is required but a H1 renewal. The same old rules for H1 apply. No need to go out of country for stamping. If you however switch completely to EAD let's say, for a year (essentially terminating your H1) and then want to move back to H1, then you need to consulate process.

[vedu]

Q, Here are the nuances. If there is no break in H1 and you continue to maintain H1 when AOS is pending, then yes nothing is required but a H1 renewal. The same old rules for H1 apply. No need to go out of country for stamping. If you however switch completely to EAD let's say, for a year (essentially terminating your H1) and then want to move back to H1, then you need to consulate process.

Whatever the rules are, nobody will know for sure except USCIS. The key is to have a continuous H1B and a continuous EAD (Both without any gaps), and then you can do whatever you want. Then it doesn't even matter which status you were in. You will have your ass covered either way!

[vsivarama]

You can absolutely pick one job on EAD and another one on H1. You can also have two separate H1 jobs at the same time.

In fact with EAD you can pick four five whatever number of different jobs.

Q, is there any catch as to what type of jobs you can do. I would ideally want to do free lancing in my field on the side or something in Finance. But can the job on EAD be essentially anything? Driving Uber, Pizza delivery etc.?

[vsivarama]

Whatever the rules are, nobody will know for sure except USCIS. The key is to have a continuous H1B and a continuous EAD (Both without any gaps), and then you can do whatever you want. Then it doesn't even matter which status you were in. You will have your ass covered either way!

That's very true!! I am getting into the weeds of things now as a reminder to my earlier self when I was least bit bothered about immigration and unnecessarily delayed everything when it come to GC.

[AceMan]

Once you have an EAD you can work on anything. This is your 765 form. Having said that, for your 485, if you are required to continue to work on jobs you have applied with your skills listed in the petition.

You can work on any job, but for 485 j it has to be one matching to the skills

[qesehmk]

Q, Here are the nuances. If there is no break in H1 and you continue to maintain H1 when AOS is pending, then yes nothing is required but a H1 renewal. The same old rules for H1 apply. No need to go out of country for stamping. If you however switch completely to EAD let's say, for a year (essentially terminating your H1) and then want to move back to H1, then you need to consulate process.

Even if a lawyer told you that I would not believe it unless two different lawyers confirm it.

To my knowledge, the only thing you need continuous is your legal status. You don't want to accrue illegal presence and illegal work status. That's about it.

If your lawyer is telling you otherwise - I suggest spend some money and get 2nd opinion from a reputed lawyer. Any money your spent on lawyer you might save on an unnecessary trip for CP.

[qesehmk]

Q, is there any catch as to what type of jobs you can do. I would ideally want to do free lancing in my field on the side or something in Finance. But can the job on EAD be essentially anything? Driving Uber, Pizza delivery etc.?

Anything. There is no restriction .... just make sure you don't get into illegal stuff like Weed Delivery Services (which might be legal in some states too!!).

[srimurthy]

Creating this thread to capture the dual status work permits and details

[Positive]

H1B visa stamp on the passport does not control your status in the country, only the ability to travel back, which purpose is alternatively served by AP. For example, we all get H1b extension petitions (I-797 approvals) and the dates on that approval control whether your are in legal status irrespective of whether the visa stamp on the passport has expired or not. In fact, often the visa stamp expires while one stays and works in the US based on a newly approved H1b petition (I-797).

Often, that H1b approval is the only basis for stay so one does not pay attention to the I-9. The I-9 decides whether you are working based on the H1b or the EAD (when you have both options). The I-9 is supposed to be kept on record by each employer (subsequent or consecutive). Of course, self employment (1099 payments instead of W2) can only be on the basis of EAD work authorization. The way to switch from H1b to EAD if you entered using the H1b visa stamp is to fill up a new I-9 which includes the details of the new EAD card.

The other way around is murky -if you entered with AP and wanted to now switch to H1b status. My current attorney says you can't toggle between ead and H1b upon using AP for entry because you were paroled in. But my previous experience suggests otherwise, at least when you already have a current H1 approval (I-797). I worked for a while on ead and used ap for entry while my AOS was pending and my L1A had lapsed. Meanwhile I obtained a new H1b approval for a future date. Then, upon denial of the AOS I resumed work on the H1b when it became operative (after a gap of couple months between the denial and the H1b start date). I did not leave and reenter with a H1b visa stamp. The entire course of action was with the advice of my then immigration attorney (dad of the current attorney, no less :)). This was back in 2010 so not sure if anything changed on that account. It's more likely that different immigration attorney interpret the law differently, some more permissibly and other less so. Marinating H1b status is beneficial to the attorneys of course. However, it does provide additional peace of mind should the AOS fall through. Apparently, a recent 5th circuit decision too k the view that the entire stay from lapse of nonimmigrant status (such as H1b status) to the denial of AOS was unlawful presence triggering a 10 year bar to reentry. I am bit skeptical and haven't been able to find the case via a google search. I suspect the case was more complicated than was conveyed. The conventional understanding is that anyone with a pending AOS is in a "stay authorized by the attorney general" and does not accrue unlawful presence.

I hope this helps.

[Positive]

Even if switching from EAD to H1b work authorization isn't as easy as filing a new I-9, I am positive that your H1b approval (I-797) is not invalidated or lapsed simply becuase you choose to work using an EAD. Worst case scenario, you may need to reenter using an H1b visa stamp to avail of the valid/unexpired H1b work authorization.

[AceMan]

Even if switching from EAD to H1b work authorization isn't as easy as filing a new I-9, I am positive that your H1b approval (I-797) is not invalidated or lapsed simply becuase you choose to work using an EAD. Worst case scenario, you may need to reenter using an H1b visa stamp to avail of the valid/unexpired H1b work authorization.

When you have a valid EAD/AP, why would a person spends money, take the pain of going through consulate appointments to get an H1 stamp?

[Positive]

When you have a valid EAD/AP, why would a person spends money, take the pain of going through consulate appointments to get an H1 stamp?

If they wanted to retain their non-immigrant (H1B) status. The only reason one would do that is to save oneself from a chaotic situation, in case the I-140/I-485 is denied. Also, one is usually subjected to secondary inspection upon entry using AP. It can be an unnerving experience for some.

[gammaray]

On a different note, if I am not wrong LeoAugust has filed AoS in Oct 2020, if the user waits for EAD, there shouldnt be any issue working voluntarily or paid

I know it's been hashed here several times and I think I remember reading several posts that working on EAD in parallel while working on h1b with a primary employer doesn't violate h1b regulations - so I guess that's a well established fact. But I haven't done that or asked a legal counsel about it, so personally I am a little wary.

[LeoAugust]

I know it's been hashed here several times and I think I remember reading several posts that working on EAD in parallel while working on h1b with a primary employer doesn't violate h1b regulations - so I guess that's a well established fact. But I haven't done that or asked a legal counsel about it, so personally I am a little wary.

@qesehmk, @Turbulent_Dragonfly, @gammaray and @delguy Thanks for your input. Any update I will keep all posted.

[vidya_garu]

@qesehmk, @Turbulent_Dragonfly, @gammaray and @delguy Thanks for your input. Any update I will keep all posted.

Rahul Reddy addressed this question in a recent youtube conversation, and said if you are on H1b with petitioning employer and work on EAD in parallel, you are technically on AOS and have abandoned H1 status.
Is this true?
How do we know that this is an established fact ?

[qesehmk]

..if you are on H1b with petitioning employer and work on EAD in parallel, you are technically on AOS and have abandoned H1 status.


To my knowledge this is 100% untrue.

You can use EAD with another employer and still continue to work on H1 for whoever H1 sponsor is.

Other gurus please do chime in since I think a lot of people might find this useful.

[vidya_garu]

To my knowledge this is 100% untrue.

You can use EAD with another employer and still continue to work on H1 for whoever H1 sponsor is.

Other gurus please do chime in since I think a lot of people might find this useful.

I was under this impression too... as technically EAD is just a work authorization. Working on H1b with petitioning employer & working on EAD for another employer is just similar to working for two employers with individual H1bs.

[gammaray]

I was under this impression too... as technically EAD is just a work authorization. Working on H1b with petitioning employer & working on EAD for another employer is just similar to working for two employers with individual H1bs.

Yeah but the question is what the status is when there are multiple I-9s with different work authorization documents (H1b/EAD). To know what's an established fact , I would suggest to ask your legal counsel and trust their opinion.

Folks in this forum, I am sure, have experience working on both work documents concurrently- and if they are then able to keep renewing their h1b while working on EAD and also have had no legal issues at the time of i485 adjudication then I would say it's a safe bet.

[andhraguy]

The not very good news...

https://twitter.com/ejtaub/status/1403359136637726723

Charlie: USCIS is doing an extraordinary job processing EB cases based on staffing levels. We believe if USCIS can't get to the Oct-Dec 2020 cases this year, they should have enough ready to go early in FY22 to make a big dent.

Everyone working a peak capacity with limited staff

elissa taub
@ejtaub
?
12m
Replying to
@ejtaub
Sounds like USCIS will not come close to approving all eligible AOS apps this fiscal year.

@cyrusmehta
At DOS open forum at AC21 Charlie said India EB-2 FAD in July Bulletin will be 6/1/2011; EB-3 FAD India will be 1/1/2013

[qesehmk]

I was under this impression too... as technically EAD is just a work authorization. Working on H1b with petitioning employer & working on EAD for another employer is just similar to working for two employers with individual H1bs.
Exactly. Remember both are work authorizations and you are entitled to both.

[Turbulent_Dragonfly]

To my knowledge this is 100% untrue.

You can use EAD with another employer and still continue to work on H1 for whoever H1 sponsor is.

Other gurus please do chime in since I think a lot of people might find this useful.

Yes this is accurate to my knowledge after research on this.

You can do another job on the EAD as long as you continue to fulfill the duties of the H1. You will violate H1 status if you either don't work per the time and salary requirements listed while filing for the H1, but still protected by pending AOS.

[ShivaPrasad]

Yeah but the question is what the status is when there are multiple I-9s with different work authorization documents (H1b/EAD). To know what's an established fact , I would suggest to ask your legal counsel and trust their opinion.

Folks in this forum, I am sure, have experience working on both work documents concurrently- and if they are then able to keep renewing their h1b while working on EAD and also have had no legal issues at the time of i485 adjudication then I would say it's a safe bet.

I think mode of entering the country decides the AOS. If you enter on AP, then your status is AOS and H1-b status is voided. But if you enter on H1 visa, then you can continue working on H1B as well as EAD.

[ivohra]

Exactly. Remember both are work authorizations and you are entitled to both.

I have asked my immigration lawyer this same question recently and the answer was that I cannot work on two jobs where one is on H1b and the other on EAD. I have to choose one path.

[vidya_garu]

I have asked my immigration lawyer this same question recently and the answer was that I cannot work on two jobs where one is on H1b and the other on EAD. I have to choose one path.

Of course, anyone in this situation will choose AOS EAD which will allow employment with multiple employers with no issues at all. I still think simultaneous H1+EAD is a grey area.

[vedu]

I have asked my immigration lawyer this same question recently and the answer was that I cannot work on two jobs where one is on H1b and the other on EAD. I have to choose one path.

Actually, I did exactly that. I worked on H1B for my primary employer and did other consulting jobs on EAD simultaneously. Then I went to India, came back on AP and continued to work on H1B with the same employer and did other jobs on EAD. Then came the time to renew the H1B, and USCIS approved the renewal without any issues, not one time, two times! But then I wasn't going around asking lawyers what to do. I have mentioned this many times before on this forum, but this question keeps coming back. I am speaking from the experience. I may be technically wrong according to those expensive lawyers, but good folks at USCIS never gave me problems on such trivial matters.

[gammaray]

I think mode of entering the country decides the AOS. If you enter on AP, then your status is AOS and H1-b status is voided. But if you enter on H1 visa, then you can continue working on H1B as well as EAD.

Well, not entirely true. Mode of entering does decide the legal status (but it can't be the only thing). So entering the country using AP while working on H1b does change the legal status to "Parole", however the individual can continue to work with the original employer on the h1b on file as if nothing changed. This is assuming that the h1b is still valid and hasn't expired. This quark is allowed by an old USCIS memo called Cronin's memo. Furthermore, the company can file for a timely h1b extension before the h1b expiry and if approved the individual "officially" goes back to an h1b status from the Parole status.

However, what if the individual hasn't travelled outside the country and starts using EAD? So there has to be more than what is documented at the POE that dictates the individual's legal status.

[vidya_garu]

Actually, I did exactly that. I worked on H1B for my primary employer and did other consulting jobs on EAD simultaneously. Then I went to India, came back on AP and continued to work on H1B with the same employer and did other jobs on EAD. Then came the time to renew the H1B, and USCIS approved the renewal without any issues, not one time, two times! But then I wasn't going around asking lawyers what to do. I have mentioned this many times before on this forum, but this question keeps coming back. I am speaking from the experience. I may be technically wrong according to those expensive lawyers, but good folks at USCIS never gave me problems on such trivial matters.

I don't know why lawyers wouldn't answer this question straight on. Even Rahul Reddy, somewhat sidestepped this issue and asked to switch to AOS EAD if I-140 is approved.
Sorry for my poor understanding, when you came back on AP, weren't you paroled in , how come your H1 status was maintained?

[gammaray]

I don't know why lawyers wouldn't answer this question straight on. Even Rahul Reddy, somewhat sidestepped this issue and asked to switch to AOS EAD if I-140 is approved.
Sorry for my poor understanding, when you came back on AP, weren't you paroled in , how come your H1 status was maintained?

Read my response above and also this Murthy post which has a good explanation:

https://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/

So continuing to work on H1 after entering on AP with the original employer is not the question. That's clearly allowable. Question really is if concurrent jobs using h1b and EAD are allowable. Just because USCIS doesn't question it (maybe because they only way they would know someone is working multiple jobs on EAD is through I-9s or tax returns?) doesn't necessarily make it legal. Which is why I would always suggest consulting a good lawyer.

[vidya_garu]

Read my response above and also this Murthy post which has a good explanation:

https://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/

So continuing to work on H1 after entering on AP with the original employer is not the question. That's clearly allowable. Question really is if concurrent jobs using h1b and EAD are allowable. Just because USCIS doesn't question it (maybe because they only way they would know someone is working multiple jobs on EAD is through I-9s or tax returns?) doesn't necessarily make it legal. Which is why I would always suggest consulting a good lawyer.

It just doesn't make sense for a parolee to work on H1b, other than to simplify I-9 work for his/her employee, as the parolee is in possession of a EAD card anyway. A parolee who enters on AP and continues working on H1 is not in H1 status unless that H1 is extended and a I94 is issued. This is my understanding.

[vedu]

Sorry for my poor understanding, when you came back on AP, weren't you paroled in , how come your H1 status was maintained?

Good question. I was paroled in. I didn't get the H1B stamp in my passport in India. Once I came back to US, I didn't give a shit about what status I was in. I continued to work normally just as before my travel. I didn't bother my employer (specifically HR) with any details about my India visit. That was none of their business. My immediate boss was aware of my India trip and he didn't care either. H1B issue was relevant only after 1.5 years at the time of renewal. At that time, when the attorney asked for details about my last entry into the country, I honestly provided him all the correct documentation (photocopy of the passport page where my parolee status was mentioned). He didn't raise any questions, neither did USCIS. That's my story. Hope this helps.

[vidya_garu]

Here is the famous Cronin memo from year 2000
https://cbkimmigration.com/wp-content/uploads/2017/05/michael-cronin-memo.pdf

As per this, I understand that USCIS is only interested to know if the alien can establish intent of future employment. That's it.
They do not care about EAD employers, as this is open-market employment card
Others, chime in as necessary

[vidya_garu]

This section is relevant. This is straight from the memo. USCIS is ONLY interested if you used EAD to work for the same(or different) employer with whom you were on H1B

2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?

Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.

[gammaray]

It just doesn't make sense for a parolee to work on H1b, other than to simplify I-9 work for his/her employee, as the parolee is in possession of a EAD card anyway. A parolee who enters on AP and continues working on H1 is not in H1 status unless that H1 is extended and a I94 is issued. This is my understanding.

umm..what doesn't make sense? It's simple language (though twisted logic) -- A person who enters on AP is a parolee and not on h1b status anymore, however, they still enjoy the benefits of h1b (without actually being on h1b) and can continue working with the same employer as if nothing changed. The status then officially switches back to h1 when the employer files for an extension (which the employer can since the benefit of the prior h1b still exists).

It's what is stated in Q&A No. 3 and No. 4 in the memo you posted.

Sorry Dragonfly - my last post on H1b discussions in this thread.

[vedu]

Question really is if concurrent jobs using h1b and EAD are allowable. Just because USCIS doesn't question it (maybe because they only way they would know someone is working multiple jobs on EAD is through I-9s or tax returns?) doesn't necessarily make it legal. Which is why I would always suggest consulting a good lawyer.

People have asked this question to various reputable lawyers in the past and they got split opinions. Some lawyers said it is allowed and some lawyers said it isn't allowed. And that's why the question remained unanswered till this day.

Just to be on the safe side, it is very important to have NO GAPS in your EAD. If USCIS somehow someday questions the legality of your H1B, then you can present them all the EADs for the entire period, and it is not illegal to work for multiple employers as long as you have a valid EAD.

Some may ask another question....why continue to work on H1B if you have EAD in the first place? Well, I can think of two reasons:

1. H1B comes with prevailing wage determination every single time, and prevailing wages continued to increase significantly during the Trump era. So, you have a chance to get your salary raised every single time you go for renewal if you current salary is below the market rate.

2. In case your I-485 gets rejected (highly unlikely event), then you can still possibly continue to work in US for additional 2-3 years depending on the remaining period on your H1B.

[AceMan]

Hello guys
My PD is Eb2 india Aug 13 2010, I will be filing i140 premium and i485 This week
My lawyer is snail paced! When can I realistically expect GC ?

You have to apply for 140, it has to be approved. You will be filing 485, medicals, are you applying for EAD/AP also?

First you will need to get the receipts for applications. Back in October 2020, it took 3-4 months for some to get the receipt. Few people are yet to complete their biometrics.

It took 9 years for idliman to get his GC after his date was current for the first time.

There are many other who are current since the beginning of this year, and still waiting. Lot of applicants are now seeing interview scheduled as well. So before even applying for 140, asking for when can you expect GC can give you a very large range of 1-10 years.

So my sincere suggestion, treating the GC approval like a software project with timelines very unreliable. When can I expect my GC question makes you sound like a project manager with limited idea about the process.

[andhraguy]

Hello guys
My PD is Eb2 India Aug 13 2010, I will be filing i140 premium and i485 This week
My lawyer is snail paced! When can I realistically expect GC ?

You have mentioned that your is PD is Aug 2010, I would assume you must have prior I140 approval. Why do you need to reapply I140 ? is it Downgrade ? Your PD is already current.

[vidya_garu]

You have mentioned that your is PD is Aug 2010, I would assume you must have prior I140 approval. Why do you need to reapply I140 ? is it Downgrade ? Your PD is already current.

I changed employers and got a new PERM approved last month. I missed Oct 2020 filing because of no PERM. I'm not downgrading. I had the option of downgrading in May 2021, but my company lawyers wanted $10k to downgrade ( I know :-( ) . I thought i will just wait out one month, as I had to shell out $2500 for I-140 premium. My lawyers are moving at snail's pace, as they now know that my PD will be current in July as well ( atleast for now)

My H1 also expires in Nov 2021 and I'll be filing for extension as well

Is yours a downgrade?

[andhraguy]

I changed employers and got a new PERM approved last month. I missed Oct 2020 filing because of no PERM. I'm not downgrading. I had the option of downgrading in May 2021, but my company lawyers wanted $10k to downgrade ( I know :-( ) . I thought i will just wait out one month, as I had to shell out $2500 for I-140 premium. My lawyers are moving at snail's pace, as they now know that my PD will be current in July as well ( atleast for now)

My H1 also expires in Nov 2021 and I'll be filing for extension as well

Is yours a downgrade?

Ok I see . Mine is straight EB3, For some reason My employer didn't agree for EB2 back then and never supported for upgrade. You should be good in getting 140 approval sooner as it is based on original PERM. Get you medicals done as quickly as possible it might take 7-10 days. then Good Luck on Greencard waiting. People are getting GC in 2 weeks to 10 years. Every case is different and everybody have their own luck. My feeling is we should get GC by end of this year or early-mid next year for sure.