Have approved EAD, can i take 1099

A

activex111

Registered Users (C)
Hi,
I have an approved EAD but i am still working on my H1 since it is valid for next 3 years. Can i accept payments from a company(other than my H1B sponsor) for consulting in the form of 1099? or will it make my H1B invalid?
Also, my wife is on H4 and has an approved EAD too. She also has an opportunity to work from home and get paid via 1099. If she accepts payments in 1099, will that make her H4 invalid or is there a dual status gray area where she can accept payment based on approved EAD but still use H4 for US entry.
Gurus, i really need some advice here. Thanks in advance..
 
activex111 said:
Hi,
I have an approved EAD but i am still working on my H1 since it is valid for next 3 years. Can i accept payments from a company(other than my H1B sponsor) for consulting in the form of 1099? or will it make my H1B invalid?
Also, my wife is on H4 and has an approved EAD too. She also has an opportunity to work from home and get paid via 1099. If she accepts payments in 1099, will that make her H4 invalid or is there a dual status gray area where she can accept payment based on approved EAD but still use H4 for US entry.
Gurus, i really need some advice here. Thanks in advance..
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You can accept the payment for other company only if you are working on EAD.

Yes, your wife's H4 becomes void and moves to AOS status on EAD.

Also, as long as you are H1, then your wife can re-enter US on H4 visa.
 
Last edited by a moderator:
thanks hopeofgc...
so even if my wife is working on EAD, her H4 is valid for re-entry? or she has to use AP?

hopeofgc said:
You can accept the payment for other company only if you are working on EAD.

Yes, your wife's H4 becomes void and moves to AOS status on EAD.

Also, as long as you are H1, then you re-enter US on H4 visa.
Click to expand...
 
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