EAD - questions about taking a side job

S

sekarb

Registered Users (C)
Hi there,
My EAD just got approved and will get my EAD card in the mail soon.

Currently, I am working for my sponsoring employer on the H-1B.
I would like to work on a side job once I get my EAD card.

Here are my questions:
1. Do I need to ask my current employer to use my EAD instead of H-1B before I can start working on the side job?
Or once I start working on my side job, am I automatically considered to be on EAD for both jobs?
2. For the side job, is there any restriction..for example, do I need to be on a W-2 or can I be a 1099 contractor? And do I need to do some paperwork to inform INS or get any kind of permission?

Would appreciate any info.

Thanks

- Sekar
 
Am on same boat. Am thinking also of some side job.

Can somebody reply please appreciate for your response.
PD01/2002..
On H1 and EAD on hand...
140 approved..7/05
485 ...ND 04/05
 
Once you have an EAD you can work any number of jobs you wish, in any field, and with any form of compensation. However, as soon as you start another job it will invalidate your H-1B. Therefore, you will need to file a revised I-9 form with your current HR department showing that you are now using an EAD as your work authorization. Also, remember that should your I-485 be denied for any reason, your EAD will become invalid and you will have lost the option to fall back to your current H-1B.
 
Hi dms,
Thanks for the info.
I am already beyond 6 years on my H-1b based on my pending 140.
So I guess, if my 485 is denied, then even my H-1B will be invalid since it is based on 140?
So I assume it does not make any difference if I use EAD or H-1B in my case?
Also, if I get a RFE for 485, does it invalidate my EAD?

Thanks
 
You will also need to weigh the impact of switching to EAD on your family and its status....What I am not sure of in such cases is...Lets say you are married(not sure) and your spouse is on EAD too...You switching to an EAD status will make her H4 invalid.Now if she has an EAD , is it necessary for her to stay employed ?? Or can she stay in US as housewife on her EAD .
 
Parrot said:
You will also need to weigh the impact of switching to EAD on your family and its status....What I am not sure of in such cases is...Lets say you are married(not sure) and your spouse is on EAD too...You switching to an EAD status will make her H4 invalid.Now if she has an EAD , is it necessary for her to stay employed ?? Or can she stay in US as housewife on her EAD .
Click to expand...
As long as the spouse has his/her 485 filed, there is no trouble with legal status.

BTW, if the person was initially on H4, they were not working in any case.
They would need EAD only if they intend to work -- otherwise the pending 485 takes care of their status to remain in the US - EAD is not required if that person doesn't want to work.

They would need AP to return to the US after international travel. (which wouldn't be required if they had a valid H4)
 
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