EAD and H1B

[Morningmist 76]

So I finally got my EAD yesterday. I went to other more H1 specific sites about using the EAD and the effect it has on H1B status and it has been confusing as ever. Some say their lawyers said no effect others says it is violation.

I was under the impression that you can take side work using your EAD while on H1B if you are still working for your sponsoring employer on H1. That it will not jeopardize my H1 status because technically it isn't "unauthorized" work. I don't want to ask my company lawyers because I don't want them to abandon my employment based GC application until I get my marriage based GC. If I can't take work using my EAD without abandoning my H1 status, that puts me in a quandary. I was wondering if any one had a clue about this.

[akihon 129]

I didn't apply for the EAD during my AOS, and I was on H1, so take my opinion with a grain of salt.

That being said, the marriage-based GC process is much faster than the employment-based GC, so why does it matter if they abandon your employment-based application?

if anything, you can update HR with your EAD to continue work etc.

[Morningmist 76]

It is. But in case my GC application via marriage is denied, I can remain on H1 on the basis of my employment based GC application if I don't abandon it. I just want to know if using EAD for other type of work would void my H1.

[AnotherLostSoul 167]

I think you should not approach it this way. Why you think your marriage based GC will be denied? Don't focus on the bad things! I think, collect good evidences and just submit AOS via marriage and not worry about the H1B route. Very few people get denied based on marriage...so, I would not worry on this (unless you know you have some serious red flags...then don't even submit AOS and just stick with H1B route. Good luck!

It is. But in case my GC application via marriage is denied, I can remain on H1 on the basis of my employment based GC application if I don't abandon it. I just want to know if using EAD for other type of work would void my H1.

[Morningmist 76]

OK. I think I do have solid evidence but reading some stories here, it makes me wary. I don't know how the process works. And my own experience with USCIS has been confusing and choppy for the last 9 years. Things I expected to go smoothly hasn't and things I expected to require some explaining went without a glitch. My reaction has been to pretty much cover my bases.

[AnotherLostSoul 167]

Hello Morningmist:

Listen, this site is awesome! I would say just read here all the topics, threads, and you'll find yourself organizing your package. We did everything from here, no lawyer, no RFEs, nothing, and within 2 months we had the GC in the mailbox. Trust me, this is a really good site, and unless you have some either red flags, or criminal records, or visa violation of some sort, you'll be totally fine! All the best, and don't worry about asking here too much....no question is too much even if it was asked before.

OK. I think I do have solid evidence but reading some stories here, it makes me wary. I don't know how the process works. And my own experience with USCIS has been confusing and choppy for the last 9 years. Things I expected to go smoothly hasn't and things I expected to require some explaining went without a glitch. My reaction has been to pretty much cover my bases.

[Harpa Timsah 13,258]

If you use your new EAD to get work, then your H1 is over.

[Morningmist 76]

Are you sure? Do you have experience in this? Or are you just guessing?

[MCG 0]

Morningmist,

This website is for helping people through the process and sharing the stories so that other people can learn, see the process for GC. You should read all the related posts to yourself and at the same time go through the instructions and documentation from USCIS.

Together with USCIS instructions forms and other things this site is very helpful. If you still don't have your answer and I would suggest get an appointment with a lawyer on a consulting basis, which generally costs your around $100-$200 and get all your questions answered.

Seeing you are on H1-B, this shouldn't be a big expense for you.

So rather than second guessing everyone's answer here, something constructive would be helpful for you. And FYI, Harpa's advice is pretty good. And I know that because I have read so many posts and replies from her and also did my homework on USCIS instruction forms.

Like I said this website is helpful.

[akihon 129]

Are you sure? Do you have experience in this? Or are you just guessing?

I would agree with Harpa. Your EAD essentially replaces your H1.

With H1, you are limited to a particular employer, with the option to transfer H1 between employers only if the second employer is willing to "transfer" it. The EAD is a separate work status, allows you the freedom to work for whoever you want, and "overwrites" your H1.

If you're going to second guess everyone's answers here, don't bother asking questions.