回複：緊急一問，請ＸＢＴ，ＰＪＩＡＮＧ等高手幫忙

來源: lawsail2004 於 2008-05-11 13:06:17 [] [舊帖] [給我悄悄話] 閱讀數 : (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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