Help understanding working in H1B versus EAD

[flyby001]

Hi greetings to all. I am just about to file my I 485 along with the EAD and the travel documents for self and family. I presently work with my employer on a 80:20 basis.

1. If I decide to work on a EAD with my employer, can I still maintain this 80:20.

2. Is it advisible to work on an EAD without the 485 approved.

3. How long does it take for the 485 approval assuming that I do not have an RFE.

Hoping to hear from someone soon. Thanks.

[pontevecchio]

1. On the EAD you can work for anyone. The 80/20 is your problem. As long as you are being paid as per the LCA and will be paid as per the LC on GC approval you are fine.

2. 485/AOS approval means you have the GC ion nwhich case the EAD is moot.

3. From a few days to 6 months.

[JoeF]

On H1, you do not work on an 80:210 basis. That's not allowed.

On H1, you get a salary. The minimum salary you need to get is listed in the LCA.

ANd you need to get the salary even if you are on bench. What would 80% of 0 be???

Again, it is not possible to work on a percentage basis on H1.

Forget the 80:20 ****. That's illegal. You are paid a salary. Any percentage could only be on top of that salary.

Again, to make it very clear: on H1, you do not work on a percentage basis. It is not allowed.

The percentage stuff is only pushed by shady consultants to appeal to your greed. You get a salary.

[flyby001]

Thank you so much for your responses. However one of my questions is still answered.

2. Is it advisible to work on an EAD without the 485 approved.

I understand that if I start working on an EAD and for some reason if my 485 is denied I go out of status. So is it worth working on an EAD ?

[flyby001]

Thank you.