Multiple Jobs: one on EAD,W2 & other H1,Fulltime GC Sponsor

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Hi All,

Many posts are there but not in similar .. Could some one please through some lite on this.

Am working for this company A on H1-B. 485 is pending for nearly 2 years , so I also have an EAD which I have never used. Now I have another\second job offer (90% work will be remote) from company B on W2(at my previous client place and now they are working on W2's only, else i could have subcontracted through my current employer A), which I am planning to take up using my EAD (as this is W2 pay will be more 150% with current salary). This is a temp contract for 6 months for now. Still i am planning to be continuing my employment with current Employer 'Company A'.

My question is : Will my H1-B become invalid, if I start working on EAD with second employer ?

1) If the answer to above question is "NO" , then can I also travel back n forth outside US on AdvanceParole and still continue to use my H1B with employer A.

2) If the answer to above question is "YES" then do i need to shift to EAD with current employer and opt the W2 work? Is there any problem to 485 processing. Once using EAD travel on AP will be normal process.

Thanks in advance.



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When you take up the second job, you would be violating the terms of the H1, hence you no longer would be on H1. You would be utilizing the EAD for all jobs, and you would need AP to travel.

Also, make sure that this second job is allowed under the employment contract you have with your employer. Violating that contract could result in being fired for cause.

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1. If you work for B on the basis of your EAD, you will no longer be in H1 status and will have to use EAD even with A. The alternative is for B to file a H1 petition for you and get it approved. Have a chat with your lawyer based on your specifics. More importantly, is A OK with you also working for B?

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First, your H1 does not get "invalid" unless the USCIS revokes the approval. Being out of status is different. If you were to travel on that H1, I would say you absolutely can while you work for the H1 employer. You would not be maintaining status after entry (and it's not perfect), but you are within the bounds of the law. Overall, I would say, you need a consultation with a lawyer.

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