Working for two employers after getting EAD

[technocoolie]

Hi,

Assume that a person has H1 visa under one employer.
1. My friends say that it is safe to change employers only after 6 months of getting EAD. If one has a good offer in hand then can he/she change employer after 2-3 months of getting EAD.

2. If one gets EAD card then is it possible that he/she can work for two employers - first one for company which is holding H1 and second one for a new employer. In this case there will be two payroll.

3. A person can stay in US without having any valid US Visa once the person gets EAD. Is that statement correct?

Please comment!!
Thanks in advance

[PraetorianXI]

1- is not safe, you are supposed to continue working for your I-140 employer, where is the loyalty?

2- no. You can not work both on EAD and H1. If you use EAD the H1 is cancelled. You can work for both jobs on EAD though.

3- that is completely false. EAD does not give you any legal status. You can not use EAD to reenter the USA.

[technocoolie]

Thanks for your quick response.
Let me rephrase my 3rd question. What needs to be done if the H1/F1 Visa Expires and the person's (for myself and my wife) I-140/I-485 are in process. The person (for myself and my wife) has got EAD and Advance parole. Is he/she by default legal or does the person have to extend H1/F1 Visa?

I am having H1 and my wife is having F1 visa. We are going to India for vacation. I am planning to use H1 while reentering US and my wife will use Advance Parole.

Thanks in advance

[PraetorianXI]

Once you file I-485, your status is pending, and legal, for as long as a decision is pending for your AOS.

[technocoolie]

Thanks for your reply again.

For myself - My H1 visa is getting expired in Sept 2008. I am going to India in April for vacation. My I140-485 both are in pending status. Is it safe to extend my H1-B visa?

For my wife - She was on H4 initially. She converted to F1 visa over here in US. For her also I485 is in pending status. We were thinking that once we go to India in April for vacation, it is not required for her to go for F1 stamping. We were thinking of using Advance Parole to re-enter US instead of F-1 visa. Is it safe for her to go for F-1 stamping in India? I have heard that going for F-1 visa stamping along with GC processing is not a good case for success of F-1 stamping.

Thanks in advance

[PraetorianXI]

Your wife can not re-enter the USA on an F1 visa. Because she is pending AOS (i-485).

It is not up to me to say whether it is safe or not.

[technocoolie]

Thanks for your patience in answering the questions.

If my wife doesn't go for F-1 stamping in India then my question is when she comes back to India she will be on which legal status - F-1 (which is valid for another year) or pending I-485 status or she will be in trouble. She has the Advance parole, so I understand that re-entering US is not a problem.

I just want to ensure that when she comes back to US from vacation she doesn't land into legal status issues. My wife doesn't have F-1 stamping on the passport as she converted from H-4 to F-1 here in US.

I am checking with my lawyer also and so I am trying to understand the nitty grities of the process.

Thanks in advance