Can I work part time with an H1b status? - Immigration Law Questions and Answers- LawQA.com

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Can I work part time with an H1b status?

I would like to know if I qualify for an EAD. I am on an H1b after entering the country on a J1 and getting the waiver. I am also approved for a green card via my mother and am awaiting a visa number. I have a priority date of 2004, which seems to be regressing on the visa bulletin. My current job was filled luckily as a pt h1b so though my hours are not 40 wkly I remain in status. I have heard that I could get and EAD with my H1b and use it to work pt for another employer. I would like to know if this is true and if it would affect my wait for a visa number and ultimately my green card

Answer By Harun Kazmi
Kazmi & Sakata
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You will not qualify for an independent EAD until you can file the Adjustment of Status. However, you can file a new H1b part-time for another qualifying job.

Answer Applies to: California
Replied: 8/5/2011

Answer By Reza Athari
Reza Athari & Associates, PLLC
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This is not true. But your prospective employer may file a new H-1B petition for you to work part time.

Answer Applies to: Nevada
Replied: 8/5/2011

Answer By William D. Fong
Fong & Associates
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You cannot get an open-ended EAD as an H-1B. All H-1B's are "employer-specific". If you find other H work, the company can file a concurrent part-time H for you.

Answer Applies to: Texas
Replied: 8/5/2011

Answer By Winston W. Lee
Yoo & Lee, LLP
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You need to file another H-1B, but there are other potential issues in your case.

Answer Applies to: Washington
Replied: 8/5/2011

Answer By Larry F Chin
Julian & Chin LLP
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In order to work for another employer with an H-1B you must have a separate approved petition. Your current H-1B allows employment incident to status, this means that you will not be issued a separate EAD that you can use to work anywhere else.

Answer Applies to: Washington
Replied: 8/5/2011

Answer By Hans Burgos
Hans Burgos, P.A., Immigration Law Offices
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You are authorized for employment with your specific employer incident to your H-1B status. The USCIS will not issue you an employment authorization card. Your are not allowed to work for another employer.

Answer Applies to: Florida
Replied: 8/5/2011

Christian Schmidt, Attorney at Law
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You can work part time while being in H-1B status but NOT on an EAD. Your second employer must offer you a job the qualifies for H-1B status and file a visa petition for you. You can have multiple H-1B employers but do not qualify for an EAD unless you filed for adjustment of status which does not seems to be the case.

Answer Applies to: California
Replied: 8/4/2011

Law Offices of Caro Kinsella
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You are under H-1b status until your immigrant petition is approved. Therefore you can only work as per the lca filed for your H-1b.

Answer Applies to: Florida
Replied: 8/4/2011

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