EAD-AP+H1b+ Start Up- Please help.


ACE

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I am employed full time in a healthcare related company (have a H1 and EAD-AP). I am in the process of renewing both my H1b and EAD early next year. I've worked for the same company for the last 6 years and used the Advanced Parole to enter the country about a year back. I've had the EAD for a few years but the green card date had retrogressed prior to my GC approval (Im an Indian).

I want to launch a start up (for profit) in the near future and the start up is a finance (Not health care) related start up. I hope to continue work in my current industry while working as a Investment Adviser in my free time- I had a few questions about the process.

1. Is this a problem legally? Can I continue to work on a H1b with my current employer and also launch my own company in a unrelated field using the EAD status?

2. Are there any potential complications? Any reason I should wait until I get my GC?

Thank you.

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If you do any work outside of your H1 employer, your H1 would become invalid. You can not have it both ways. It is either only working for your employer on H1, or working (solely or in addition) somewhere else and not being in H1 status, instead being in "pending AOS" status and using the EAD.

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  • 2 months later...

I think you can. I read in other forum.. someone called USCIS and talked to the "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.

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