H1B VS. EAD WORK AUTHORIZATION


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This week, the Murthy Law Firm attorneys will answer questions relating to H1B vs. EAD work authorization.        

 If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

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Can my spouse work with multiple Employers after Receiving GC EAD through me(primary applicant for GC)? She is currently on H1B with her current employer with I-140 approved. Can she start working with another employer/job simultaneously on EAD. Does she need to let her primary employer(who sponsored her h1b) know about EAD as she will start work on EAD with some another employer.

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On 10/20/2022 at 9:36 PM, upendar said:

Hi , I recently got my EAD and AP. 

I am planning to travel India and wanted to use AP to enter US as I am not getting visa appointment for my H1B stamping in India.

Is it safe to use AP and stay on EAD after I return. I missed my GC  this September as USCIS ran out of visas.

 

 

 

 

 

It may be best to discuss this with an attorney directly over the phone, but the simple answer is "yes" you can use your valid AP to enter the U.S. while your AOS is pending with USCIS. If you were working pursuant to an H1B prior to your departure, and you intend to continue working pursuant to that H1B petition when you return you can do so without updating your I-9 with the EAD information. However, you will not technically be in H1B status upon your return, you will be in a period of authorized stay. Nonetheless, you can still seek an H1B extension when it is time to do so.  

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On 10/21/2022 at 11:16 AM, Blue Neil said:

Can my spouse work with multiple Employers after Receiving GC EAD through me(primary applicant for GC)? She is currently on H1B with her current employer with I-140 approved. Can she start working with another employer/job simultaneously on EAD. Does she need to let her primary employer(who sponsored her h1b) know about EAD as she will start work on EAD with some another employer.

An EAD based on a pending AOS allows an individual to work for multiple employers. However, if that same individual is in H1B status, once the EAD is utilized, they are no longer maintaining their H1B and will be considered in a period of authorized stay. 

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Hi, 

I had H4 EAD from July 2015. We moved back to India in April 2018 and came back now in March 2022. My husband is on H1B and I am on H4. Applied for H4EAD in Aug 2022. Expedited the H4EAD request couple of days back and got denied the expedited request. 

Now, since my H4EAD expired in 2018, am I eligible to work based on the Federal register that is published and eligible for 540 days? 

USCIS stated in the Expedited request the following terms

"U.S. Citizenship and Immigration Services (USCIS) records show that your Form I-765, Application for Employment Authorization is pending adjudication. We regret to inform you that we expect a delay in processing due to the volume of applications that are currently pending with USCIS. 
As a result, your current Employment Authorization Document (EAD) is eligible for an automatic extension based on the Temporary Final Rule that was published in the Federal Register on May 4, 2022.
The automatic extension is limited to certain employment eligibility categories and may temporarily increase the extension period of EADs for a total of up to 540 days for those eligible.
The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either:
Before May 4, 2022, and your 180-day automatic extension has since expired;
Before May 4, 2022, and your 180-day automatic extension has not yet expired; or
Between May 4, 2022, and Oct. 26, 2023, inclusive of these dates.
The Federal Register Notice, as well as filing instructions and other pertinent information can be found at the links below:
https://www.uscis.gov/eadautoextend; and
https://www.federalregister.gov/documents/2022/05/04/2022-09539/temporary-increase-of-the-automatic-extension-period-of-employment-authorization-and-documentation

So as per this, am I eligible to work? I have couple of offers that are interesting and would like to take it up. Should I ask the employer to wait on the On-boarding due to this ? 

Thanks

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  • 2 weeks later...
On 10/27/2022 at 2:16 PM, Lalithav2021 said:

Hi, 

I had H4 EAD from July 2015. We moved back to India in April 2018 and came back now in March 2022. My husband is on H1B and I am on H4. Applied for H4EAD in Aug 2022. Expedited the H4EAD request couple of days back and got denied the expedited request. 

Now, since my H4EAD expired in 2018, am I eligible to work based on the Federal register that is published and eligible for 540 days? 

USCIS stated in the Expedited request the following terms

"U.S. Citizenship and Immigration Services (USCIS) records show that your Form I-765, Application for Employment Authorization is pending adjudication. We regret to inform you that we expect a delay in processing due to the volume of applications that are currently pending with USCIS. 
As a result, your current Employment Authorization Document (EAD) is eligible for an automatic extension based on the Temporary Final Rule that was published in the Federal Register on May 4, 2022.
The automatic extension is limited to certain employment eligibility categories and may temporarily increase the extension period of EADs for a total of up to 540 days for those eligible.
The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either:
Before May 4, 2022, and your 180-day automatic extension has since expired;
Before May 4, 2022, and your 180-day automatic extension has not yet expired; or
Between May 4, 2022, and Oct. 26, 2023, inclusive of these dates.
The Federal Register Notice, as well as filing instructions and other pertinent information can be found at the links below:
https://www.uscis.gov/eadautoextend; and
https://www.federalregister.gov/documents/2022/05/04/2022-09539/temporary-increase-of-the-automatic-extension-period-of-employment-authorization-and-documentation

So as per this, am I eligible to work? I have couple of offers that are interesting and would like to take it up. Should I ask the employer to wait on the On-boarding due to this ? 

Thanks

To be eligible for the automatic extension of work authorization an applicant must make a timely-filed application. That means the extension request must be filed prior to the expiration of that applicant's current EAD. 

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