Can one do \'Self-Employed\' work using EAD?

Yes but ..

Ok first I am not a lawyer just read a lot on boards / sites.

My understanding is that with an EAD there is no restriction on work. You are legally entitled to do any kind of work without being in violation of working illegally.

Now, if you got your EAD through Employment Based application, then the primary applicant really should work either at the original employer (who petitioned) or in a job that is similar a category as the original Labor Cert (using AC21 180 day rule). INS can ask at any time for primary applicant to provide evidence of employment.

INS does not care what kind of work derivative applicants (spouses, children) do with their EAD.

So, if your wife is the derivative applicant of the AOS application and she has an EAD, she should be able to legally work from home.

Remember EADs are basially INS authorization to work in the US. There are no restrictions as to the type of legal jobs you can do. Its just that EB primary applicants of AOS want to make sure they either stay with original employer if they can or use AC21 180 rule to change jobs.
 
Thank you. But, Nope. I just talked to an INS Officer. EAD is good only W2 based work. Not good for

 
 
Consult a lawyer

If the INS officer is telling you that EAD is restricted to W2 work only, then I would recommend speaking to a lawyer. I tried to scour the INS site regarding Employment Authorization. Lots of legal jargon there but still everything there pointed to no restrictions being placed on the EAD.

Lawyer is still your best bet if you are unsure.
 
You must log in or register to reply here.
Top