EAD - business startup

[vighnesha]

Hi

i got EAD on my previous employer X ( X emplyer terminated my employment without any reason).

found H1B sponsoring empoyer Y & working for him, upon advise of an attorney, filed EAD based on I-140 approval of X employer & got the EAD.

Question :

1. can I start business on my EAD , (S-corp / sales outlet). , while working on h1 with my present

employer Y.

2. what if any RFE/ -1485 is not approved , what are my fall back options...

3. if I go with point 1 , what are my risks / am I lose my H1B status..

appreciate your inputs..

Regards

Sree.

[JoeF]

When you use the EAD, you are no longer on H1.

And for an S-Corp, you have to be a US citizen or PR.

[vighnesha]

Hi

when I returned from India , i used EAD to re-enter, does that mean I am not on H1

NR

[JoeF]

You can't enter with an EAD. I assume you mean you entered with Advance Parole (AP).

If you enter with AP, you are a parolee and are indeed no longer on H1.

[vevi44]

JoeF, I also entered USA using AP in August 2012. I had H1B valid till 2015 but VISA had expired. I am with the same employer who sponsored GC and H1B.

My question is: Since I used AP I am no longer in H1B status. Do I need to Update I-9? I read about updating I-9 thing in a thread on this forum but want to know if it is mandatory? also, it is already 2 months passed so will there be any issues due to delay in updating I-9 with the employer.

Thanks in advance.

[riteshtijoriwala]

Hi vevi44 and JoeF,

I have read in some other threads that entering USA on AP does not invalidate your H1-B and that you can continue to use it to work. If you use EAD then only it invalidates H1-B. H1-B + AP is valid combination and does not invalidate either. Is this not true?

Thanks.

[vevi44]

BUMP...

riteshtijoriwala, I agree with you and in fact I learnt that from few other posts on this Forum. Belle and others can you please provide your input?