H1B and EAD?

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Asked in Mc Lean, VA | Jun 12, 2018

H1B and EAD?

I am currently on H1B status and recently received an EAD card thru AOS (marriage to USC). I know if I work using my EAD card, I am no longer in H1B status (in theory). But how does USCIS enforce this? I'll say that I do want to stay in H1B status until I get my green card just for my own peace of mind. But I am also considering helping a friend's company with a short-term project (8-week gig) and wondering if I could use my EAD for that? I am curious how would USCIS know I used my EAD for another short-term employment? Obviously my I-485 application has already been submitted to USCIS, so I have no reason to voluntarily declare or report my employment plans to USCIS at this point in time. And so practically speaking, how will I automatically lose my H1B status? Does USCIS ever check IRS records?

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Accepted Answer · 2018-06-12T22:43:45Z

Posted on Jun 12, 2018
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If you travel outside of the US and return on your EAD/Advance Parole, USCIS could find out. If you use your EAD for the form I-9 with your employer, USCIS can find out. If you engage in unauthorized employment while in H-1B, it's a violation of your H-1B status. And as the other attorney said, USCIS expects you to be honest.

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Susan S Han

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Immigration Attorney in Long Beach, CA

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Accepted Answer · 2018-06-12T22:25:18Z

Posted on Jun 12, 2018

You are expected to be honest with the Department. When you use EAD, you will be considered in violation of H-1B.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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