Continuous EAD renewal for dependent who is not on H4

A

ashu4gc

Registered Users (C)
Hi Friends -

It might just be a basic question but wanted to make sure my assumption is correct.

I invoked AC-21 couple years back and I'm using my EAD for work and changed employer. Our H1 and H4 got expired and we didn't renew it for the last couple of years. We've been renewing both mine and my wife's EAD for the past couple of years without any gap, even though my wife is not working all these years.

Now, we are kind of planning to travel and my wife's EAD expires in July. I'm willing to renew it but was worried that if there is a fingerprint request when we are out of the country that would be tough on us.

My question to you is,

  • Is it necessary to renew my wife's EAD every time to maintain the status? Remember she is not in H4 now and not working as well.
  • Do you think we can still apply for my wife's EAD and go on the trip not worrying much about the fingerprint request?

I would truly appreciate if some of you can shed some light on this topic.

Thanks in advance.
 
1. No, EAD is needed only for employment. As long as she has her 485 pending, that will keep her legal status. However EAD might be needed for renewing DL (might depend upon state)
2. If you are traveling outside country, you need a valid AP. Make sure that it will be valid until you return back.
 
Thank you rpranesh for your quick response, I appreciate your help. On a slightly different twist, let's say if she makes a considerably small income on a part time basis, can she continue to make that income while her EAD is expired? In other words, let's say we let the current one expire and wait for couple of months before we apply for the renewal, there will be a gap in the dates she hold her EAD. Will it be okay for her to make that considerably small income while not holding an EAD for that time period?

Again, thanks in advance for your response on this.
 
If the income is derived from working even if it's part time, then she needs to have EAD at all time. But if the income is passive e.g. from investment then she does not need to have EAD.
 
How about if that income is from an online property (like a blog etc.)? She might not actively work during that time while she is out of EAD but the property might continue to generate some negligible $$$. I'm not sure how the rule is for these online properties? Any thoughts?

Thanks.
 
I never heard of the term "online property". Anyway, you'd probably need a tax expert to answer that one. If she is being paid to post blog entries, that would be regarded as work. If she is generating income from ads placed on her blog, some services (like Google) ask for an I-9 before agreeing to pay ad income, which means that she would have to prove eligibility to work; which she wouldn't have anymore if the EAD is expired.
 
You must log in or register to reply here.
Top