Can I work part time with an H1b status? 8 Answers as of August 05, 2011

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

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
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
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
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
Fong & Associates
Fong & Associates | William D. Fong
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
Yoo & Lee, LLP
Yoo & Lee, LLP | Winston W. Lee
You need to file another H-1B, but there are other potential issues in your case.
Answer Applies to: Washington
Replied: 8/5/2011
Julian & Chin LLP
Julian & Chin LLP | Larry F Chin
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
    Hans Burgos, P.A., Immigration Law Offices
    Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
    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
    Christian Schmidt, Attorney at Law | Christian Schmidt
    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: 8/5/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    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: 8/5/2011
Click to View More Answers: