EAD / H1B

[am401202]

Here is my situation:

 

I am currently on H1B and working full-time for an Employer A.

 

I also have received EAD (through my Spouse LPR).

 

Last week I received a part-time job offer from Employer B.

 

My Question is:

Can I keep my H1B active by working full-time for Employer A, while also working as a part-time on my EAD until I get my GC. If I use my EAD for a part-time job for Employer B, will this impact my H1B?

 

Appreciate an immediate response.

 

Thanks & Happy Holidays!!!!!!

[pontevecchio]

You would have to either work for both using the EAD or have the new employer file a part time H1 petition.

[am401202]

Thanks, Pontevecchio. I would like to see the rule if it on uscis portal or so. Can you please post the reference?

[catx]

If you want to work both full time for one employer and part time for a second employer you would have to do so through your approved EAD.  You are free to read up on the USCIS web site (you can do your own search) and through the INA law and regulations regarding H-1B visa.  However, it is well known that a H-1B visa holder can only work for the employer who sponsored the visa in accordance with the conditions set on the associated approved LCA.  No other employment is allowed on a H-1B visa.  In other words, you cannot work for one employer full time on a H-1B visa and a second employer part time on EAD, as that would be a violation of the H-1B visa.

[pontevecchio]

If you use the EAD you are doing so as a benefit of a pending AOS and will then be considered to be awaiting AOS . You can have only one status or lack of and only one work authorization at any one time. If you need specific legal clarification please consult a Lawyer.