| Q. |
H1b and Second job on EAD
Background : Canadian Citizen, H1b post 6yrs valid till June 2011, 2 different approved I-140 petition, I-485 pending.
Can I keep my H1b visa (also Green Card sponsoring employer) and work part-time with another employer on EAD. If not, will i be able to revert back to H1b visa if i reenter US from Canada?
P.S I have included exert from Q/A from Legacy INS Intent Memo (May 16th,2000)
"However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer."
Also, if you can provide some clarification... the memo uses the wording "and engage", not "or engage"
Thanks
User's Location:
Pottstown, Pennsylvania, United States of America
Category:
Employment-based Green Card
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| A. |
That is correct you would violate your H-1b. By engage, they mean employed by another employer. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Thanks for your reply, Mr. Gregory Vartanian.
I am still puzzled and would appreciate clarification. Please conclude how INS Intent Memo applies to my situation specifically.
It says: if s/he uses the EAD to LEAVE the employer listed on the approved I-129 petition.
However I don’t intend to leave the employer. I just want to hold additional part-time job (weekends etc) while maintaining full time job status with current employer.
It says: and engage in employment for a separate employer.
However, the memo states “AND engage”, based on the condition one leaves the H1b employer, it does not state “Or engages”.
Thanks
Romie |
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| A. |
I think you're referring to the 2000 dual intent memo. It states:
The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and Engage in employment for a separate employer.
Leaving your employer will not invalidate your H-1b, it is leaving your employer AND becoming employed under your EAD with another employer. Certainly filing a change of employer, or concurrent employment H-1b would be fine, you should do this to preserve your current status if you are worried.
If you work part time with another employer on EAD without applying for a H-1b for the new employer, your current H-1b with your sponsoring employer will be invalidated as per that memo. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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