Working on EAD vs H1B


flyby001

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Hello Greetings to all. I keep reading posts on working on EAD vs H1 but the the issue is still unclear. I too have posted this topic long time ago but did not get a satisfactory answer. Can some one please help me with my case. At least with some background on the issue I can talk to my employer/attorney.

I am with employer 'A' working for client 'X'. 'A' has filed my 485 and I will be getting my EAD shortly. There after I would like to work on the EAD for the same employer 'A' but with a different client. Would that invalidate my H1. If by chance my 485 gets denied what would be my options. By the way I have no criminal back ground, just a couple of speeding tickets, have an excellent credit rating and also own a house. My current H1 is till Oct 14.

Can my wife start working on the EAD. If her 485 is denied what should she do?

Has any body any idea as to what percentage of the people opt to work on the EAD while their 485 is pending.

Hoping for a quick and clear answer.

Thanks and regards

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If you work for the same employer regardess of the client in the same city, you are on H1 until that H1 expires. You wife may use EAD - why else would she be given one? She won't be on H4 while she uses it (it is unclear if she is considered back on H4 if she stops using EAD). If her petition is denied, she will appeal.

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Working on EAD invalidates your H1. If you have your H1 valid till 2014 why do you want to be on EAD unless you need to go for stamping.

But, the other option you have is start EAD and incase 485 gets rejected(before 2014) and your h1 is still valid, go out of the country get stamped and come back on H1b.

Your wife can start working on EAD. IF 485 gets rejected,she has to exit the country and can comeback on H4 if you use the option 2 above i mentioned.

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The only reason to think of working on an EAD is that the number of jobs are more for one working on an EAD. One of the above posts said "If you work for the same employer regardless of the client in the same city, you are on H1 until that H1 expires.". I have not understood this. If I can change the client being with the same employer 'A', why this restriction ? Can I at least work in the same state. My city is too small for enough IT jobs.

Lastly will I be considered to be with my employer 'A' once I switch to EAD. I mean who will run my payroll, the client or my employer.

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This is it:

The only reason to think of working on an EAD is that the number of jobs are more for one working on an EAD. One of the above posts said "If you work for the same employer regardless of the client in the same city, you are on H1 until that H1 expires.". I have not understood this. If I can change the client being with the same employer 'A', why this restriction ? Can I at least work in the same state. My city is too small for enough IT jobs.

Lastly will I be considered to be with my employer 'A' once I switch to EAD. I mean who will run my payroll, the client or my employer.

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Lastly will I be considered to be with my employer 'A' once I switch to EAD. I mean who will run my payroll, the client or my employer.

Are you really asking people who will run your payroll? I don't know... whoever will run your payroll will run your payroll? Is that a correct answer?

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flyby,

If employer = your boss who runs the pay roll and client = some other company for which you are probably consulting;

then as long as you try to work for the same employer (irrespective of client), wouldn't he (employer) be running your payroll all along? It shouldn't matter if it is with H1 or EAD.

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