Side job on EAD while on H1B

[randomstairs 303]

I understand that working on EAD (based on pending I-485) invalidates the H1B status. So assuming that a side job such as stock trading while on EAD is "work" and that H1B is invalidated, what happens if you forget to update the primary H1 employer's I-9 with EAD, for the purposes of 245(k) (which forgives status violation such as unauthorized employment for less than 180 days)?

(Assuming that the side employment was for less than 180 days.) In other words, if the H1B is invalidated and EAD is valid, is it a violation of law if the I-9 is not updated before I-485 approval? Thanks!

[Boiler 45,467]

Once you are using EAD then your H status becomes irrelevant and you are like anyone else using EAD. Not sure there is a requirement to update I9, ask your HR.

[randomstairs 303]

Thanks. I know that H1B becomes irrelevant. But what does "using" EAD mean? So in my case it was even more complicated because I was not sure if I ever "used" EAD (I did a few investments on the stock market and there is no official number of investments you need to do before it's considered "work"). When does H1 status become irrelevant and EAD "activated"? Obviously if you get another job and present the EAD that's a clear cut case. Also, what does a violation of H1B status mean for I-485 EAD holders in terms of 245(k)? Would the H1B sponsored job become "unauthorized employment" even if you have a valid EAD (but did not present it prior to H1B status violation)? 

[Boiler 45,467]

Side employment can not be done on a H so you would need to switch then,

[randomstairs 303]

4 minutes ago, Boiler said:

Side employment can not be done on a H so you would need to switch then,

I understand that. But does the employment with the H1 sponsoring employer now become "unauthorized" even if you possess the EAD (but don't update the I-9 with it)? So, simply put, are you still working LEGALLY even when your H1 is invalidated if your EAD is valid but not presented?

[geowrian 22,337]

3 minutes ago, randomstairs said:

I understand that. But does the employment with the H1 sponsoring employer now become "unauthorized" even if you possess the EAD (but don't update the I-9 with it)? So, simply put, are you still working LEGALLY even when your H1 is invalidated if your EAD is valid but not presented?

The employment should still be authorized....the EAD lets you work for anybody. As for whether or not the employer is required to update their records or something, that's a question for HR.

[randomstairs 303]

After doing a bit of research I found as many schools of thought on this issue as there are attorneys. Is there any evidence (citation of legal code, INA, other legal sources) for the following claim:

 "The H1B status is voided if you engage in side employment with EAD." The issue is in that H1B status is violated (among other reasons) when: a) the employment with the sponsoring employer is interrupted; or b) when H1B holder engages in unauthorized employment. But my question (and apparently not just mine) is what happens when you take a side job, without interrupting the H1B sponsoring employment AND without performing unauthorized employment (by possessing a valid EAD).

Many attorneys claim that H1B status gets "automatically" nullified if EAD is used with another employer. How so? Where is evidence for this?

 

Regarding the I-9: it seems the I-9 is really mandatory only for the employer (responsibility of the employer for potential civil or criminal violations and fines) and it has no bearing on the immigration status of the employee. 

 

Anyone?  

 

[Nitas_man 3,100]

I was not aware than any work done by someone holding a valid EAD card could be classified as "unauthorized"