Work Flexibility with EAD for H-1B Holders: Can You Work for Another Employer?
Work Flexibility with EAD for H-1B Holders: Can You Work for Another Employer?
Introduction to EAD and H-1B
For many professionals, the journey from receiving an Employment Authorization Document (EAD) and an H-1B visa to working in the United States is a significant milestone. However, many are left wondering if it's permissible to work for another employer after receiving an EAD, while their H-1B application is still pending. Understanding the intricacies of these employment statuses is crucial to navigating the complexities of the U.S. workforce.
What is an EAD?
An Employment Authorization Document (EAD) is a legal document that allows a non-citizen to work in the United States. It is issued by U.S. Citizenship and Immigration Services (USCIS) and is derived from various visa classifications, including the H-1B visa, for the duration of that visa's validity.
What is an H-1B Visa?
The H-1B visa is a non-immigrant visa that allows U.S. employers to employ foreign workers in specialized occupations. To maintain H-1B status, the employee must be working for the employer that sponsored the H-1B petition. However, obtaining an EAD does not automatically exempt the employee from the constraints of their H-1B employment.
Can I Work on EAD for Another Employer?
Technically, an EAD grants you the authorization to begin work anywhere. However, the nuances of U.S. immigration laws mean that there are important considerations to keep in mind when contemplating working for another employer while your H-1B application is pending.
Employment Outside the H-1B Employer
Working for another employer while on an EAD is only permissible if you are not working for the H-1B employer who sponsored your petition. If you commence work for another employer, you are no longer in H-1B status, as the conditions under which you received your EAD were solely based on that H-1B application.
Consequences of Working Outside the H-1B Employer
Engaging in employment with another company while on an EAD, when you are required to work for your H-1B employer, can have serious legal repercussions. USCIS may consider this a violation of your H-1B status and can lead to penalties, including a potential bar on future employment in the United States.
Adjustment of Status
The primary purpose of an EAD in the context of an H-1B visa is to allow you to legally work in the United States until your adjustment of status (green card) application is approved. If you are working for another employer, you risk your pending adjustment of status becoming more complicated. USCIS views this behavior unfavorably and may deny your adjustment of status, resulting in an inability to convert to a longer-term visa status.
Maintaining H-1B Status
To maintain H-1B status, it is crucial to continue working for the employer that originally sponsored your petition. If you stop working for them but fail to find a new sponsor or halt employment, you are in violation of your H-1B status and may face severe consequences, including legal action and fines.
What About Unemployment or Looking for a Job?
It is also essential to clarify that being unemployed or searching for a job does not remove your obligation to maintain H-1B status. You must still communicate with your current H-1B employer or find a new one to continue your employment authorization under an EAD. Engaging in a job search alone is not sufficient to maintain H-1B status, as it does not constitute employment.
Conclusion
In summary, while an EAD provides flexibility and the ability to work in the U.S., it is not a carte blanche to work for any employer without repercussions. Before making the decision to work for another employer while your H-1B status is pending, it is imperative to consult with an immigration attorney to understand the legal ramifications and ensure you comply with all immigration laws and regulations.
Frequently Asked Questions
1. Can I work for another employer while my EAD is pending?
No, you cannot work for another employer while your H-1B application is pending and you are required to work for your original H-1B employer. This could result in a violation of your H-1B status.
2. What happens if I start working for another employer while my EAD is pending?
If you work for another employer while your H-1B is pending, USCIS may consider this a violation and could deny your adjustment of status application or even revoke your H-1B status.
3. Can I look for a new job while maintaining my H-1B status?
Yes, you can look for a new job, but you must continue to communicate with your current H-1B employer or find a new sponsor to ensure you maintain H-1B status. Simply being unemployed is not sufficient to maintain H-1B status.