EAD question

[Asib]

Hello,
I am in my first H1 and my wife in H4 visa. We received our first EAD today. I appreciate if someone answers these questions:

1- Am I allowed to have a second (part time or home business) job?
2- Is there any restriction for type of job for her or me that we accept?
3- Can she simply not use the EAD?
4- Is there any status change for me or her?
5- Our H1 and H4 will expire in 6 months. What do we do? renew for another 3 years or simply use EAD?


Thanks in advance,
Asib

 

[gopherhound]

1: There are no restrictions on using the EAD unless you have any noted on the card which means you can hold a second job if you like. To be cautious though I would work on EAD for both jobs.
2: Shouldn't be any restrictions depending on your category. If you are LC you should be working in the job for which the LC is for. Your spouse has no restrictions. If you are NIW you should be working in the area of national interest.
3: You are not obliged to use the EAD.
4: No status change until you start working on your EAD.
5: I would make sure that your I-140 is approved before you start working on your EAD. If you are working on EAD and your I-140 is for any reason denied you are immediately out of status. Your I-140 should be approved by the time your H1B expires so I would say no need to renew, just wait on using the EAD until you get the I-140 approval.

I hope this helps, this is just my understanding, I am by no means an expert.

 

[haoyun04]

Your choice

I am not expert in immigration law, just for your reference.

Hello,
I am in my first H1 and my wife in H4 visa. We received our first EAD today. I appreciate if someone answers these questions:

1- Am I allowed to have a second (part time or home business) job?
Yes, you can work many jobs as you want based on EAD (I assume I-485 based). however, you will lose H1B status.

2- Is there any restriction for type of job for her or me that we accept?
Your wife is going to lose H4 status if she uses EAD. Her status will be pending adjustment status after she uses EAD to get payroll.

3- Can she simply not use the EAD?
Of course, this is one option, She does not have to use EAD. But with H4 status, she is not authorized to work.

4- Is there any status change for me or her?
If you do not use EAD to accept a different job other than H1B sponsor job, your status is still H1B. You can apply EAD but you do not have to use it.

5- Our H1 and H4 will expire in 6 months. What do we do? renew for another 3 years or simply use EAD?
If your I-140 is approved, then it is up to you to decide you want to keep H1B for another 3 years or just as I-485 pending. If your I-485 is rejected while you have no H1B status as back up, you will be out of status immeditely. If your I-140 is still pending, (which is rare in these days), you'd better renew your H1B and H4 for her for another 3 years to ensure your legal status.


Thanks in advance,
Asib