EAD AND H1B


spchandra

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So, if I am on H1B now and have EAD-AP with same employer. And if I enter US now using EAD-AP, you are saying I will most likely be considered H1 status.

WRONG. If you enter using AP, you will have to start using EAD and no longer on H1b status.

Now, if I travel back and forth again, can I enter second time on a stamped H1B ?

Yes if you have a valid visa stamp.

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  • 2 years later...

I realize that this post hasn't been updated in a while, but I think that my answer to it might still help people that are looking for information regarding this issue.

 

I am currently working for Company A with an H1B visa. I got married to an US citizen 3 months ago. We filed for I-130, I-485, I-765 and I-131. Both the I-765 and I-131 got approved and I received my EAD card a few days ago.

After reading many posts online I found conflicting information on whether I can keep using my H1B for my current employer while using the EAD for working part time.

 

So today I called the UCSIS National Customer Service Center to get some clarification. After talking to 3 different basic customer service agent I was transferred to an "Immigration Service Officer". Here is what he had to say:

 

1. Yes, I am allowed to work for employer A with my H1-B visa and use the EAD card for other jobs. My H1B status will remain valid even if I use my EAD for another company, as long as the EAD job doesn't interfere with the H1B  hours. If the EAD job interferes with the H1B job hours, then the H1B would be considered invalid.

 

This is based on me getting the green card trough marriage, so it might be slightly different if you are getting sponsored trough a company.

 

Hope this helps

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I realize that this post hasn't been updated in a while, but I think that my answer to it might still help people that are looking for information regarding this issue.

 

I am currently working for Company A with an H1B visa. I got married to an US citizen 3 months ago. We filed for I-130, I-485, I-765 and I-131. Both the I-765 and I-131 got approved and I received my EAD card a few days ago.

After reading many posts online I found conflicting information on whether I can keep using my H1B for my current employer while using the EAD for working part time.

 

So today I called the UCSIS National Customer Service Center to get some clarification. After talking to 3 different basic customer service agent I was transferred to an "Immigration Service Officer". Here is what he had to say:

 

1. Yes, I am allowed to work for employer A with my H1-B visa and use the EAD card for other jobs. My H1B status will remain valid even if I use my EAD for another company, as long as the EAD job doesn't interfere with the H1B  hours. If the EAD job interferes with the H1B job hours, then the H1B would be considered invalid.

 

This is based on me getting the green card trough marriage, so it might be slightly different if you are getting sponsored trough a company.

 

Hope this helps

 

If you use the EAD to work for some other employer, you would violate the H1 terms and therefore would no longer be in H1 status.

You stay legal due to the pending I-485.

 

And forget the USCIS "help line". They are generally clueless. That's outsourced and they read from scripts. Even the "Immigration Service Officers" are not trained in the law.

If you want to have an answer you can rely on, schedule a consultation with a good immigration lawyer.

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