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.?