If this is not the case, we generally recommend maintaining a valid H1 status until your green card application is approved. Many employers are unwilling to keep extending H-1B's if the employee already obtained an EAD. People having arrest records, unauthorized employment or having been out of status need to be extremely cautious. Denial of i-485 is relatively rare, but it does happen. An H-1B visa, on the other hand, allows you to continue working legally until the remainder of its validity period, leaving you precious time to react or seek other solutions. Although an EAD has many advantages over an H1B visa, it has one drawback: it expires the minute your i-485 is denied. Do I still need my H1B if I already have an EAD? Consult a knowledgeable attorney if you plan to use EAD, such as starting a side business or taking a part-time job. However, the law is not very clear and USCIS has not released specific regulations to address some of the issues. If you have already used an EAD for work, you may be able to stop and resume your H1B status, thanks to the doctrine of dual intent. Simply having an EAD, but never using it, does not affect your H1 status. This is debatable, and until USCIS publishes formal regulation, you will have to make a decision based on your risk tolerance level. However, some immigration attorneys believe that although using EAD to work for your H-1B sponsoring employer will definitely void your H1 status, you are permitted to use EAD for a second job and retain H-1B status with original employer. It doesn't matter whether you use the EAD to work for the same employer, another employer, yourself or only part-time. Using EAD for employment will terminate your existing H-1B status. So in general, it is a good idea to have an EAD as a backup plan, even if you are in valid H1B status. Note that if you plan to leave your current employer after getting an EAD, there are complications that may affect your eligibility for the existing employment-based adjustment application. Unlike H1B, an EAD allows you to work for any employer, or multiple employers at the same time (important: see the next question regarding H1B and EAD). However, it is usually recommended to apply for an EAD with your I-485 application, in case you are unable to extend or maintain your H1B status in the future. You are already authorized to work for the employer who sponsored your H1 visa. Temporary workers authorized to work for specific employers įor complete instructions on eligibility, requirement, filing fees, where to file, etc., please read the instructions for Form I-765, Application for Employment Authorization (rev.

US citizens or permanent residents (green card holders).

Person granted with withholding of deportation or removal.

Dependent of foreign government officials.

Person under Temporary Protected Status (TPS).

Spouse (not child) of an L-1 transferee.

Spouse or minor child of a J-1 exchange visitor.

M-1 student seeking practical training after completing studies.

F-1 student seeking off-campus employment due to severe economic hardship.

F-1 student seeking optional practical training.

Beneficiary of a pending I-485 Adjustment of Status.

Employment Authorization Document and Travel Document Employment Authorization Document (EAD)Īnyone who is not a US citizen or permanent resident may need to apply for a work permit (Employment Authorization Document - EAD) before they can start working in the United States.

Ap file cards