回複:緊急一問,請XBT,PJIANG等高手幫忙

來源: lawsail2004 2008-05-11 13:06:17 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1170 bytes)
There are two issues: 1) whether your H-1B was actually terminated prior to your use of EAD; 2) whether there is a conflict if you are concurrently working for employer A as H-1B worker and employer B by using your EAD.

H-1B status is terminated once the H-1B employment relationship is ended. The fact that your employer fails to report the termination of the employment relationship does not mean you are still in a valid H-1B status. In this case, you are only in AOS status and you can work by using EAD. There should be no conflict.

In the second situation, if the lay-off will be effective in two months, then you may still keep a valid H-1B status; while, at the same time, you are working for employer B by using your EAD. Assuming that your job duties are substantially similar to the ones in your labor certification and your I-485 has been pending more than 180 days, you can work for a different employer on EAD. As for employer A, you are not in violation because your employment is authorized by a still valid H-1B. Personally (without conducting extensive legal research), I believe there is no conflict in this hypothetical case.

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one more question. thx.回複:回複:緊急一問,請XBT,PJIANG等高手幫忙 -chinadoll1- 給 chinadoll1 發送悄悄話 (273 bytes) () 05/11/2008 postreply 17:49:59

回複:one more question. thx.回複:回複:緊急一問,請XBT,PJIANG等高手幫忙 -lawsail2004- 給 lawsail2004 發送悄悄話 (446 bytes) () 05/18/2008 postreply 13:38:14

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