Working part time on EAD

[username]

Hello,

I have a H1 with my current employer valid till 2014.

My PD is current and have filed for EAD and 485.

I want to know if I can use the EAD to work part-time with a different employer than my current one. My day job with my current (H1) employer will continue.

Basically is moonlighting allowed with EAD?

thanks.

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[JoeF]

As soon as you use the EAD to work for somebody else, even if just on the side, you are no longer on H1.

Your day job would then also be using the EAD.

Also, be aware that lots of employment contracts have clauses that prohibit work on the side unless approved by the employer. An employer wouldn't want you to work for a competitor on the side, for example.

[username]

JoeF, thanks for the reply. I agree there are employment contracts to take care of before working part time.

But what are the immigration restrictions - is what I'm trying tofigure out. After EAD is approved, how does my current H1 employer "change" status to EAD? Am I required to fill up a new I-9?

Regarding employment contracts, what is a good way to find out restrictions against working part time? I guess I could ask HR, but don't want to if avoidable. There was nothing mentioned in this regard in the job offer letter.

[Attorney_6]

The EAD provides unrestricted employment authorization. So, from that point of view, it is fine to work for the current (sponsoring) employer FT while working PT for another employer.

It would not be necessary to update the I-9. The I-9 is the employer's obligation as far as reverifications etc. The individual's main concern it to make sure that all employment is authorized in some fashion.

It is not actually clear whether working PT on the EAD invalidates the claim to H1 status. There are differing opinions on this topic, and the USCIS has never issued a firm opinion. But, in practice, we have found that the USCIS will extend the H1 even if the person has worked PT on EAD.

[username]

Dear Attorney_6, thanks for the articulate clarification.

Regarding 'EAD provides unrestricted employment authorization' - I take it that I can be self-employed (1099) and receive W2 from different employers.

[gsgchelp123]

Is it ok to change the full time employer and work for a different employer full time while on EAD (but waiting for GC)? Is there any risk that the previous employer may revoke the EAD and cancel the GC process?

Thanks.

[kalyan_ac]

Is it ok to change the full time employer and work for a different employer full time while on EAD (but waiting for GC)? Is there any risk that the previous employer may revoke the EAD and cancel the GC process?

Thanks.

Why do you want to risk your GC process. You have waited enough to get here why not few more months.

You can start working for somebody else, but also you will have to port the GC process with the new employer.

The current employer can revoke the GC.

[immigration_query1]

I got my EAD last month and my 485 is pending since 3 months.

can i work for my h1 sponsorer fulltime and work on parttime to another company on EAD.

do i need to inform my h1 and GC sponsorer tht i am using EAD .

is it possible to work fulltime with employer on h1b and using EAD for some part time jobs

any advice is really helpful