Important EAD question

sk2002sk

Registered Users (C)
Hi!

I have a valid H1B visa with a company and my I-485 pending.
I have the following questions:

1. If I also have EAD and AP, can I start my private company (LLC) and also continue my current full-time H1B company job?

2. What will be my immigration status in that case - H1B or on EAD or something else?

SK...
 
1. Yes you can start the LLC with an EAD. If you do ANY work for the company, you will have to use the EAD to do so. (work is defined as any service that would be payable to someone doing that job. Meaning, even if you don't take a salary, you're working). That being said, once you use your EAD, your H1-B is no longer valid.

2. I guess you would be a adjustee. You would need to continue renewing your EAD yearly and if you want to leave the country, get an advance parole (AP). If you do use your EAD, you'll have to let your current sponsor know you are now on an EAD, not an H1-B, so make sure they don't have a problem with you having a job on the side.

Regards

Rav
 
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