PDA

View Full Version : going to school on EAD


milestogo
04-17-2009, 03:03 AM
Would really appreciate if some one can answer this question.

Is it possible to move from H1B to EDA (valid unitl Oct 2010), work part time on EAD to complete Master's degree and then move back to the same employer to continuing working full time on H1B?
(assuming current employer is willing to allow going part time)

txh1b
04-17-2009, 10:41 AM
It is allowed. You will be a parolee once you use the EAD. However, you will not be allowed to change status to F1 once you have an immigrant petition pending as F1 requires non-immigrant intent.

You should also ensure that your "future" employment offer still holds good if there is a RFE on your 485.

number30
04-17-2009, 01:00 PM
Would really appreciate if some one can answer this question.

Is it possible to move from H1B to EDA (valid unitl Oct 2010), work part time on EAD to complete Master's degree and then move back to the same employer to continuing working full time on H1B?
(assuming current employer is willing to allow going part time)

Yes you can do that. As long as you are holding to job or having Job offer you can do it.

milestogo
04-18-2009, 03:57 PM
thanks you for your reply.

One more followup question, so I will have to let go H1B status, right?

jthomas
04-18-2009, 05:04 PM
I read last week in IV forumns that a EAD person has to work everytime. Gaps are not allowed in EAD. Secondly if USCIS will send a RFE for payslips what would be the answer.

By the way, I want to join full time college since i have been laidoff. Is there a way please suggest.

J thomas

Kowsik9002
04-18-2009, 05:12 PM
I think you cannot hold H1B as student. I am new to this forum, waiting for GC for past five years.

Unsung_Hero
04-18-2009, 05:59 PM
Hey dude...It is incorrect to say that gaps are not allowed in EAD. If a person on EAD loses his job, should he then leave the country? Thats absurd. You know that doesn't happen. Then whats the difference between EAD and H1-B ?

I know plenty of people who were laid off when they were on EAD, then found a job and then went on to get their Green Card. You only need to have a current job or atleast a job offer when USCIS adjudicates your case. They would send an RFE at that time and you need to respond with evidence of the job/job offer.

I read last week in IV forumns that a EAD person has to work everytime. Gaps are not allowed in EAD. Secondly if USCIS will send a RFE for payslips what would be the answer.

By the way, I want to join full time college since i have been laidoff. Is there a way please suggest.

J thomas

number30
04-18-2009, 07:14 PM
thanks you for your reply.

One more followup question, so I will have to let go H1B status, right?

You can amend the H1 as a part time employee and stay in the status.

jthomas
04-18-2009, 11:07 PM
Hey dude...It is incorrect to say that gaps are not allowed in EAD. If a person on EAD loses his job, should he then leave the country? Thats absurd. You know that doesn't happen. Then whats the difference between EAD and H1-B ?

I know plenty of people who were laid off when they were on EAD, then found a job and then went on to get their Green Card. You only need to have a current job or atleast a job offer when USCIS adjudicates your case. They would send an RFE at that time and you need to respond with evidence of the job/job offer.

I was discussing this 2 weeks back on IV forumns. I got messages from a EAD person should not have gaps in employment. check the forumn "typical RFE during recession". Those who got their green card during 2001 recession are lucky. Time has changed now and its tougher.

I confirmed through attroneys that EAD person cannot have gap in their employment. Some of them are not applying for unemployment just because they are scared of RFE.

I myself wanted to do MS

J Thomas